| Mar 19, 2007 | Case: CT-126965-J | Judge Conrad |
| Facts: | The defendant was involved in a rear end crash in which he was the one who was hit from behind. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred speech, swaying, and blood-shot eyes. The defendant only performed the HGN (eye test) and was arrested for DUI. He blew a .143 in the breath machine. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 19, 2007 | Case: 6219-XAE | Judge Bloom |
| Facts: | The defendant was stopped for speeding, failing to maintain a single lane, and nearly striking other vehicles. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused the roadsides and the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 13, 2007 | Case: 38-2006-CT-000624-A (JURY TRIAL) | Judge Smith |
| Facts: | The defendant was stopped for driving with the ramps to his tractor trailer gouging the road. The officer observed an odor of alcohol and extremely slurred speech. In addition, he stated that the defendant was staggering throughout the investigation. After failing the field sobriety tests he was arrested for DUI. This was his 3rd offense for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES. | |
| Mar 4, 2007 | Case: 48-2006-CT-004751-W | Judge Allen |
| Facts: | The defendant made an illegal u-turn in front of two emergency vehicles. The officer observed an odor of alcohol,bloodshot eyes and a fixed stare. When he spoke, his speech was slow. He also noticed that the defendant was unsteady on his feet. After attempting to perform the eye test he refused to do anything else. He was subsequently arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 23, 2007 | Case: 06-CT-032760ASB | Judge Corlew |
| Facts: | The defendant was stopped by police after other driver's made a call that the defendant was driving all over the road. When an officer spotted the defendant's car, he noticed a similar erratic driving pattern and a traffic stop was conducted. The officer noticed an odor of alcohol and blood-shot eyes. A DUI officer was called to conduct an investigation. Once the DUI officer arrived, he made similar observations, along with slurred speech, and he saw the defendant fumbling with his driver's paperwork. The defendant refused the roadside tests and the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 22, 2007 | Case: M06-028737 | Judge Newman |
| Facts: | The defendant was charged with Boating Under the Influence. He was stopped by the police for reckless boating. When the police boarded the boat, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all roadside tests. For example, he stepped off the line numerous times on the walk and turn test, put his foot down on the one leg stand at least three times and was very off balance. He refused the breath test after his arrest for DUI. | |
| Result: | On the morning of jury trial, the State DISMISSED THE DUI. | |
| Feb 20, 2007 | Case: 1733-XDK | Judge Ortiz |
| Facts: | The defendant was stopped at a roadblock checkpoint. The officer observed an odor of alcohol, mumbled speech and watery eyes. The defendant admitted to having a couple of beers and performed poorly on the roadside tests. He refused the breath test after his arrest for DUI. | |
| Result: | On the morning of trial and just prior to arguing the motion, the STATE DROPPED THE DUI. | |
| Feb 13, 2007 | Case: 04-20289CF10A (JURY TRIAL) | Judge M. Kaplan |
| Facts: | The defendant was involved in a rear end crash. When the first officer arrived on scene he observed a strong odor of alcohol, bloodshot eyes and extremely slurred and mumbled speech. In addition, he noticed that the defendant was having a difficult time standing up and walking without stumbling. After making these observations he called for a DUI task force officer. The task force officer observed all of the same signs and then conducted field sobriety tests. He stated that after failing each field sobriety test, including the one leg stand, finger to nose and rhomberg balance test, the defendant was arrested and charged with a Felony DUI 4th offense, and 2 counts of DUI causing injury and/or property damage. | |
| Result: | The Jury found the defendant NOT GUILTY ON ALL CHARGES. | |
| Feb 10, 2007 | Case: 07-006668-CT | Judge Duryea |
| Facts: | The defendant was involved in a traffic crash whereby he hit a power pole. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having five drinks. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He blew a .148 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 10, 2007 | Case: 2007-CT-1885 | Judge Tanner |
| Facts: | The defendant was stopped for attempting to drive into a U.S. Naval Base. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 4 beers. The defendant allegedly failed field sobriety tests and was asked to provide a breath test. He subsequently blew a .108 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 7, 2007 | Case: 03-030181MM10A | Judge Robinson |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine. | |
| Result: | The motion was granted and the DUI was dropped. | |
| Feb 7, 2007 | Case: 07-001536MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI. | |
| Result: | Rather than put the officer on the stand, the state dropped the DUI. | |
| Feb 7, 2007 | Case: 06-014831MM10A | Judge Ireland |
| Facts: | The defendant was stopped for speeding as well as weaving on the roadway. The trooper observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant admitted to drinking four "jack and cokes." Prior to performing the sobriety tests, the trooper said the defendant was swaying from side to side. On video the defendant was unsteady on both the walk and turn and the one leg stand test. He was arrested for DUI and blew a .081 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 4, 2007 | Case: 04-008314MM10A | Judge Diaz |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine. | |
| Result: | The motion to exclude the breath test was granted and the State dropped the DUI. | |
| Feb 4, 2007 | Case: 377205-W | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine. | |
| Result: | ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI. | |
| Feb 4, 2007 | Case: 188014-J | Judge Arzola |
| Facts: | The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 30, 2007 | Case: 05-016533MM10A (JURY TRIAL) | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids. | |
| Result: | The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers. | |
| Jan 24, 2007 | Case: 06-003147MM10A | Judge Murphy |
| Facts: | The defendant was stopped for making a wide turn across 3 lanes of traffic and then weaving on the roadway. After observing a strong odor of alcohol, bloodshot eyes and slurred speech, the officer called for a DUI deputy. The deputy made the same observations, as well as a lack of balance. The defendant failed the field sobriety tests and was subsequently arrested for DUI. He later blew a .121 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 19, 2007 | Case: 06-CT-1228-XAM | Judge Barber |
| Facts: | The defendant was initially seen by an officer standing outside her car. The defendant's car was obstructing traffic at the time the officer came upon the scene. The officer approached the defendant and asked if it was her car in which the defendant told her "yes". The officer noticed and odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called and made similar observations. The defendant was asked to perform field sobriety tests which she failed. After her arrest for DUI, the defendant blew a .215 in the breath machine. | |
| Result: | On the day of the motion hearing, the STATE DROPPED THE DUI. | |
| Jan 19, 2007 | Case: 06-CT-1908-XAM | Judge Barber |
| Facts: | The defendant was stopped for weaving and almost hitting a curb which was captured on video. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests which were also video taped. After his arrest for DUI, the defendant blew a .195 in the breath machine. | |
| Result: | The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. | |
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