| Jun 20, 2006 | Case: 05-018784TCA02 (JURY TRIAL) | Judge Corlew |
| Facts: | The defendant was passed out behind the wheel of his car with the engine running. The officer observed an odor of alcohol, bloodshot eyes and he was drooling all over his face. After exiting the car the officer stated that the defendant was stumbling all over the place. The defendant refused to perform all sobriety tests and was arrested for DUI. This was the defendant's 3rd DUI. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 18, 2006 | Case: 05-010429MM10A | Judge Ross |
| Facts: | The defendant was stopped for hitting the curb several times and driving onto the sidewalk. The officer noticed a flushed face and a strong odor of alcohol. The defendant admitted to drinking scotch. The officer stated that the defendant failed all of the roadside tests and was arrested for DUI. The defendant blew a .111 in the breath machine. | |
| Result: | The motion was granted and the breath test was thrown out. | |
| Jun 15, 2006 | Case: 05-012730MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving in and out of traffic going 115mph in a 65mph zone. The DUI task force officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant was asked to exit the vehicle and was completely unsteady. After the eye test he was arrested for both DUI and Reckless Driving. The defendant blew a .148 in the breath machine after his arrest for DUI. This was his 2nd DUI. | |
| Result: | After the motion the state conceded and dropped the DUI. | |
| Jun 14, 2006 | Case: 2005CT023142SC | Judge Denkin |
| Facts: | The investigating officer first noticed the defendant cut off another car while attempting to make a u-turn. The defendant then proceeded to make the u-turn, this time cutting off the officer. He then activated his lights and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot eyes and extremely slurred speech. While exiting the car he was noticeably unsteady on his feet. During a conversation with the officer, the defendant admitted to taking medication as well as drinking. The officer had him perform field sobriety tests. The video clearly showed that the defendant was unable to perform any of the exercises and was subsequently arrested for DUI. This was his 2nd DUI. It should be noted that our firm took over the case after the defendant's first lawyer told him to plead guilty. | |
| Result: | The Court agreed, the motion was granted and the field sobriety tests were thrown out. | |
| Jun 13, 2006 | Case: 05-14438MM10A (JURY TRIAL) | Judge Feiner |
| Facts: | The defendant was stopped for driving out of his lane and on the grass on three separate occasions. The initial officer noticed an odor of alcohol and blood-shot eyes. Based on those observations, a DUI task force officer was called. The DUI task force officer also made similar observations which were consistent with driving under the influence. The deputy believed that the defendant performed poorly on the roadside tests and arrested the defendant for DUI. The deputy asked the defendant if he would take a breath test and the defendant responded that "it is was not in his best interest." | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jun 11, 2006 | Case: 489145-X | Judge Mills-Francis |
| Facts: | The defendant was found in her vehicle by police in the middle of the road. No one saw her actually driving the car. The car had severe front end damage to the tires and rim. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to have the defendant performed roadside tests. The defendant failed the tests and was arrested for DUI. She refused the breath test subsequent to her arrest for DUI. | |
| Result: | THE STATE DISMISSED THE DUI. | |
| Jun 11, 2006 | Case: 489023-X | Judge McWhorter |
| Facts: | The defendant was found hiding in a bush by police after a BOLO (be on the lookout) was issued after he had been involved in a crash where he struck a sign post. The officer noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had too much to drink and was involved in a crash. The defendant performed the roadside tests and was arrested for DUI. On the walk and turn test, he stumbled and nearly fell. On the one leg stand, he put his foot down numerous times. After his arrest for DUI , he blew a .178 in the breath machine. | |
| Result: | On the morning of trial, THE STATE DROPPED THE DUI. | |
| Jun 11, 2006 | Case: 317112-X | Judge Arzola |
| Facts: | The defendant was stopped for driving too slow and impeding traffic. The officer observed and odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered and nearly fell when he got out of the car. The defendant performed the eye test and could not do any others due to his intoxication level. He blew a .224 in the breath machine. This was the defendant's second DUI. | |
| Result: | On the morning of trial, the case was DISMISSED on statute of limitation's grounds. | |
| Jun 11, 2006 | Case: 381772-W | Judge Lindsey |
| Facts: | The defendant was observed weaving all over the roadway before side swiping another vehicle. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant stumbled when he exited the car and almost fall backwards. The defendant could not perform any field sobriety exercises to his level of impairment. After his arrest for DUI, the defendant blew a .266 in the breath machine. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jun 11, 2006 | Case: 04-014978MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and red eyes. The defendant performed the one leg stand and finger to nose tests. The defendant was arrested for DUI and refused the breath test. This was his second arrest for DUI as the firm previously got his first dui dropped. | |
| Result: | The jury found the defendant NOT GUILTY IN TWO MINUTES. | |
| Jun 9, 2006 | Case: 06-MM-576-K | Judge Miller |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant was also swaying while standing and admitted drinking. The defendant performed poorly on roadside tests. For example, on the walk and turn, he used his arms for balance, took the incorrect number of steps, and stopped walking to regain his balance. On the one leg stand, the defendant put his foot down, used his arms for balance, and swayed. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2006 | Case: 386353-W (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was stopped for driving 80 miles per hour, weaving all over the road, and going air-born over the train tracks. The officer observed an odor of alcohol, blood shot-eyes, and slurred, confused and mush mouthed speech. The defendant's movements were slow once outside the vehicle and he swayed. He allegedly performed poorly on all five roadside tests and then refused the breath test. The defendant admitted to having three beers. | |
| Result: | The JURY found the Defendant NOT GUILTY of both DUI AND RECKLESS DRIVING. | |
| Jun 2, 2006 | Case: 317103-X | Judge Ortiz |
| Facts: | The defendant was stopped for weaving and speeding for approximately 1/2 of a mile. The officer noticed bloodshot eyes, slurred speech and an odor of alcohol. The defendant was asked to perform field sobriety tests. On the one leg stand the defendant allegedly put his foot down five times. On the walk and turn the defendant lost his balance and stepped off the line. He was subsequently arrested for DUI. After being arrested the defendant told the officer that he had a lot to drink and knows the system because he's a bartender. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jun 1, 2006 | Case: 05-001218CFA | Judge Martin |
| Facts: | The defendant was involved in an accident in which he collided with a concrete barrier. The crash was witnessed by a construction worker. When the officer's arrived, the defendant stated he was the driver and he was not injured. The officer observed an odor of alcohol, red/bloodshot eyes, slurred speech, and he was swaying back and forth. The defendant performed poorly on roadside tests. On the walk and turn, he ran into the officer and on the one leg stand, he almost fell over. The tests were stopped for his safety. After his arrest for DUI, the defendant blew a .129 in the breath machine. The defendant was charged with felony DUI because of his prior record. | |
| Result: | The State dropped the DUI. | |
| May 31, 2006 | Case: 2006-CT-815-0 (JURY TRIAL) | Judge Cheek |
| Facts: | The defendant was involved in a crash whereby he swerved out of his lane and hit another vehicle. The officer observed that the defendant was unsteady on his feet, he had an odor of alcohol on his breath as well as slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn the defendant nearly fell over on his second step. On the Rhomberg balance test, the defendant swayed and estimated 46 seconds for 30 seconds. The defendant was arrested and blew a .120 in the breath machine. | |
| Result: | After the jury was selected the State dropped the DUI. | |
| May 30, 2006 | Case: 286248-X | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and running a red light. The initial officer observed the defendant stagger out of the car, have an odor of alcohol, and blood-shot eyes. A DUI officer was called to conduct roadside tests. On the one leg stand, the defendant put her foot down several times and lost her balance throughout the exercise. On the finger to nose, the defendant failed to touch her nose several times and did not maintain her eyes closed. The defendant was arrested for DUI and later refused the breath test. | |
| Result: | On the morning of trial, the State DROPPED the DUI. | |
| May 23, 2006 | Case: 06-03193-MMA | Judge Eriksson |
| Facts: | The defendant was observed by independent witnesses driving all over the roadway and driving up on the curb almost five times. Police were dispatched and the first officer came in contact with the defendant at a gas station. He was identified by the witnesses as the driver and the defendant admitted driving. The officer observed mumbled speech, an odor of alcohol, and watery eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line several times and took the wrong number of steps. On the one leg stand, he put his foot down and started to do the walk an turn again. He was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| May 22, 2006 | Case: 05-276919-WTWS (JURY TRIAL) | Judge Salton |
| Facts: | The defendant was involved in a crash in which the car ended up in a ditch. When the first officer arrived, he observed both the defendant and his alleged passenger standing outside the vehicle. The defendant was covered in mud. The defendant told the police during the accident investigation that a fox ran out in front of the car which caused the vehicle to crash into the ditch. The officer observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and unsteadiness. He performed poorly on field sobriety tests and was arrested for DUI. The defendant refused the breath test. | |
| Result: | After picking a Jury, the State dropped the DUI and the defendant received no conviction on his record. | |
| May 22, 2006 | Case: 03-016346MM10A | Judge Zack |
| Facts: | The defendant was involved in a rollover crash. When the trooper arrived on scene, the defendant was being air-lifted to the hospital. Independent witnesses identified the defendant as the driver of the vehicle involved in the crash. At the hospital, the trooper observed the defendant to have an odor of alcohol, slurred speech, blood shot eyes, and a flushed face. The defendant gave a blood test in which the resutls were a .102. This was the defendant's second DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| May 15, 2006 | Case: 6229-XAE | Judge Arzola |
| Facts: | The defendant was approached by a Sunny Isles officer who was pumping gas in North Miami Beach when he spotted the defendant slumped over the wheel of his vehicle in the middle of the road. The officer opened the door and had to rub the defendant's shoulders to awake him to see if he was alive. The officer noticed an odor alcohol, raspy speech, bloodshot eyes and the defendant appeared incoherent. The Sunny Isles officer conducted roadside tests and the defendant failed all of the five performed. He was then arrested for DUI. He subsequently refused the breath test. This was the defendant's second DUI. | |
| Result: | The Judge GRANTED the motion to exclude the roadsides pursuant to Florida case law and excluded the field sobriety tests from evidence. Florida case law states when an officer is acting outside his jurisdiction, he is considered a civilian and has no right to gain access to evidence that a normal person would not be able to gather, such as field sobriety tests. In other words, the only reason the defendant submitted to the tests is because the officer was in uniform and driving in a marked patrol unit. When the motion was granted, the State DROPPED THE DUI. | |
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