| Apr 23, 2008 | Case: 06-022389MM10A | Judge Gehl |
| Facts: | The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Apr 15, 2008 | Case: 07-CT-7907 | Judge Epperson |
| Facts: | The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident. | |
| Result: | On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge. | |
| Apr 15, 2008 | Case: 386338-W (JURY TRIAL) | Judge Fernandez |
| Facts: | The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Apr 14, 2008 | Case: 5398-XDI | Judge Arzola |
| Facts: | The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI. | |
| Result: | THE DUI WAS DISMISSED. | |
| Apr 9, 2008 | Case: 2008-CT-001848 | Judge Scaglione |
| Facts: | The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine. | |
| Result: | PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI. | |
| Apr 6, 2008 | Case: 06-002941MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2008 | Case: 359805-X | Judge Newman |
| Facts: | The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Apr 2, 2008 | Case: 07-016156MM10A | Judge Seidman |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test. | |
| Result: | Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI. | |
| Mar 27, 2008 | Case: 06-008818MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES. | |
| Mar 26, 2008 | Case: 06-020679MM10A | Judge Robinson |
| Facts: | The defendant was stopped for driving 95mph in a 65mph zone. The trooper detected a very strong odor of alcohol, watery eyes, and slurred speech. She was wearing 2 wristbands indicating the clubs she had attended. The trooper asked her to perform field sobriety tests. She responded by saying she did not want to do them because she could not pass them. She was arrested for DUI. | |
| Result: | The motion was granted and the case was Dismissed. | |
| Mar 25, 2008 | Case: 07-4329MM10A | Judge Gehl |
| Facts: | The defendant was stopped for swerving and causing other vehicles to take evasive action. He then failed to stop for several blocks while the lights and siren were on. The officer contacted the defendant and observed a strong odor of alcohol, bloodshot eyes and swaying as he stood. The defendant performed the walk and turn and one leg stand test and was subsequently arrested for DUI. He blew a .129 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2008 | Case: 411325-X | Judge Miranda |
| Facts: | The officer came into contact with the defendant as he was sitting behind the wheel of his car after crashing into a pole. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. According to the officer's reports, he performed poorly on roadside tasks. After his arrest for DUI, he refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 24, 2008 | Case: 07-CT-8563-XCF | Judge Barber |
| Facts: | The defendant was pulled over for weaving 3 different times. The officer observed an odor of alcohol and bloodshot watery eyes. The defendant then performed the walk and turn test. The officer stated that he failed to touch heel to toe on steps 7 and 8. On the one leg stand, he placed his foot down 2 times. He was arrested for DUI and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2008 | Case: 07-CT-8654-XDK | Judge Barber |
| Facts: | The defendant was stopped for speeding and drifting into the bicycle lane 4 different times. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady as she exited the car. Prior to the sobriety tests the officer stated that the defendant was slow to respond to questions. On the one leg stand she was swaying, used her arms for balance, and put her foot down three times. On the walk and turn, she failed to stay on the line or walk heel to toe. She then missed her nose 5 times on the finger to nose. She was arrested for DUI and blew a .126 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2008 | Case: 07-CT-003721-XAM | Judge Barber |
| Facts: | The defendant was stopped for driving with only parking lights and stopping at a green light and not moving for several seconds. The officer observed slurred speech, an odor of alcohol, and she fumbled for her driver's license. The defendant allegedly performed poorly on roadside tasks according to the officer which were video taped. She was arrested for DUI and refused the breath test. | |
| Result: | THE JUDGE GRANTED THE MOTION AND THREW OUT ALL THE ROADSIDE TASKS. THE STATE SUBSEQUENTLY DISMISSED THE DUI. | |
| Mar 19, 2008 | Case: 48-2008-CT-000727-0 | Judge Miller |
| Facts: | The defendant was stopped for drifting and almost striking another vehicle and a curb. The officer noticed an odor of alcohol, bloodshot eyes, and had to take several side steps to catch her balance. The defendant performed poorly on the roadside tests according to the officer which were not video taped. For example, on the walk and turn test, she used her arms for balance, could not keep her balance during the instructions, and did not touch heel to toe. On the one leg stand, the defendant put her foot down four times and swayed. She was arrested for DUI and then refused the breath test. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 19, 2008 | Case: 06-013841MM10A | Judge Gehl |
| Facts: | The defendant drove off the highway ramp at a high rate of speed and crashed into the median. The officer made contact with the defendant and observed an odor of alcohol and bloodshot watery eyes. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 12, 2008 | Case: 2007-CT-026193ASB | Judge Keyser |
| Facts: | The defendant was found by the police passed out in his car in an apartment parking lot. He was lying on the front seat with the engine running. Several attempts were made to awaken the defendant. Once awoken, the officers observed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests very poorly on video. For example, he could not recite the alphabet correctly and on the walk an turn test was very off balance as he could not stay on the line and also took an incorrect number of steps. He was arrested for DUI and then blew a .158 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI THE DAY BEFORE JURY TRIAL. | |
| Mar 11, 2008 | Case: 511911-W | Judge Arzola |
| Facts: | The defendant was involved in a traffic crash after running a red light. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking rum and a shot of tequila. She performed poorly on the roadside tasks. For example, on the walk and turn exercise, she missed heel to toe, stepped off the line, and raised her arms for balance. On the one leg stand test, she put her foot down, swayed, and raised her arms for balance. The defendant was arrested for DUI. | |
| Result: | ON THE MORNING OF TRIAL, THE STATE DROPPED THE DUI. | |
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