| Mar 23, 2009 | Case: 3872-XDK | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant refused the roadside tests and the breath test. | |
| Result: | The DUI was Dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 17, 2009 | Case: CT-002342-FTC | Judge Thomas |
| Facts: | The defendant was stopped for a having a front head light and also a tag light out. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer, the defendant failed the roadsides which included the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet tests. The whole incident was video taped. The defendant first admitted to having a few beers, then admitted having six, and finally told the officer he drank eight coronas. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 16, 2009 | Case: 08-022817MM10A | Judge Seidman |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform roadside tests to which he complied. He performed the finger to nose and estimation of time tests. According to the officer, he performed poorly. He was arrested for DUI and refused the breath test. The whole incident was video taped. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 9, 2009 | Case: 2009-CT-6032 (JURY TRIAL) | Judge Moran |
| Facts: | The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Mar 6, 2009 | Case: 2009-CT-004977AXX (TRIAL) | Judge Marx |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI. | |
| Result: | The defendant was found Not Guilty. | |
| Feb 25, 2009 | Case: CT-000364-XCO | Judge Dominguez |
| Facts: | The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2009 | Case: 08-CT-019208AMB (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08). | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 23, 2009 | Case: 9218-XEC | Judge Seraphin |
| Facts: | The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 19, 2009 | Case: 48-2007-CT-018159-0 | Judge Ansbro |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Feb 17, 2009 | Case: CT-008720-XAM | Judge Lefler |
| Facts: | The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2009 | Case: 9984-XDJ | Judge Miranda |
| Facts: | The defendant was stopped for failing to maintain a single lane and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had to use the door for balance upon exiting the car. He performed the walk and turn and one leg stand tests. For example, on the one leg stand, he put his foot down three times and used his arms for balance. On the walk and turn exercise, it was not conducted for the defendant's safety after he kept losing his balance during the instructional phase. He was then arrested for DUI. | |
| Result: | After speaking to the officer, the State dropped the DUI. | |
| Feb 9, 2009 | Case: CT-1011-XCM | Judge Courtney |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was unsteady on his feet. He refused to perform the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Feb 3, 2009 | Case: 2670-XDP | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant needed the car to support himself as he exited. He then performed poorly on the roadside tests. For example, on the walk and turn, he took the incorrect number of steps and stepped off the line numerous times. On the one legs stand, he put his foot down and could not make it passed the count of nine without the officer stopping the test. The defendant was arrested for DUI. This was the defendant's second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2009 | Case: 08-010794MM10A | Judge Diaz |
| Facts: | The defendant was involved in a traffic crash where she left her lane of travel, drove on a center median, and hit a sign. She continued to drive off after the crash. When the officers caught up to her, she was out of the car. The officers noticed an odor of alcohol, slurred speech, and a flushed face. She was off balance and failed every field sobriety test. She was then arrested for DUI and Leaving the Scene of an Accident (LSA). After her arrest, she blew a .148 in the breath machine. | |
| Result: | The State dropped the DUI and dismissed the LSA. | |
| Feb 2, 2009 | Case: 08-CT-504431 | Judge Hayward, Jr. |
| Facts: | The defendant was stopped by an officer who was patrolling outside his jurisdiction pursuant to written multi-jurisdictional traffic task force guidelines. She was stopped for having a broken front head light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She performed poorly on roadside tasks. For example, on the HGN (eye test), she had an angle of onset before 45 degrees and lack of smooth pursuit in both eyes. On the walk and turn, she did not touch heel to toe and was confused by the various instructions. On the one leg stand test, she swayed put her foot down two times. After her arrest for DUI, she admitted to feeling under the influence of alcohol and then blew a .176 in the breath machine. | |
| Result: | Prior to the motion, the State dropped the DUI. | |
| Jan 30, 2009 | Case: 2008-CT-001125AXX | Judge Cohen |
| Facts: | The defendant crashed through a guard gate. Upon the officer's arrival, he observed an odor of alcohol and bloodshot eyes. The defendant was injured and taken to the hospital after being extracted from the car by fire rescue. At the hospital, the officer requested blood be drawn because a breath test was impossible. The lab results revealed blood alcohol results of .089 and .090. After the blood results were obtained, the defendant was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2009 | Case: 08-CT-506341 | Judge Adams |
| Facts: | The defendant was stopped for weaving and drifting several times. The officer noticed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant staggered once out of the car. She performed the HGN (eye test), walk and turn, and one leg stand tests. According to the officer, she performed poorly and was arrested for DUI. For example, on the walk and turn, she used her arms for balance and did not touch heel to toe. On the one leg stand, she put her foot down every five seconds. She later refused the breath test. None of the exercises were video taped. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2009 | Case: CT-0363-XCO | Judge Thomas |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, balance problems, and slurred speech. The defendant performed roadside tasks which were captured on video tape. For example, on the walk and turn, the defendant stepped off the line, used his arms for balance, and turned incorrectly. On the one leg stand test, he swayed and put his foot down. After his arrest for DUI, the defendant blew a .091 and .090 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2009 | Case: 31-2008-MM-002376-A (JURY TRIAL) | Judge Wild |
| Facts: | The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jan 21, 2009 | Case: 08-CT6410 | Judge Epperson |
| Facts: | The defendant was stopped while driving through a DUI sobriety checkpoint. The officer observed glossy red eyes, an odor of alcohol and slurred speech. The defendant was then asked to step out of his vehicle. The officer stated that he stumbled and swayed from side to side. The defendant agreed to perform field sobriety tests. On the HGN (eye test), the officer observed dilated eyes and lack of smooth pursuit. On the walk and turn test the officer stated that the defendant failed to touch heel to toe and stepped off the line. On the one leg stand he lost his balance and dropped his foot. On the finger to nose he failed to touch his finger to the tip of his nose. The tests were all captured on video. | |
| Result: | The Court Granted the motion, and all of the evidence was thrown out. The DUI was dismissed. | |
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