| Jun 26, 2002 | Case: 01-026263TCA08 | Judge Moyle |
| Result: | The State dropped the DUI to a reckless driving. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jun 26, 2002 | Case: 01-028334TCA99 | Judge Damico |
| Result: | The State dropped the DUI to a reckless driving. | |
| Jun 17, 2002 | Case: 260450-W | Judge Krieger-Martin |
| Result: | The case was dismissed. | |
| May 28, 2002 | Case: 061432-BDY | Judge Mills-Francis |
| Result: | The State dropped the DUI to a reckless driving. | |
| May 22, 2002 | Case: 01-026265TCA99 | Judge Ciklin |
| Result: | The State dropped the DUI to a reckless driving. | |
| Apr 10, 2002 | Case: 02-013051TCA99 | Judge Moyle |
| Facts: | The defendant was stopped for running a stop sign. Police observed odor, bloodshot eyes, and a statement "Yea I'm drunk again". The defendant refused all testing. (3rd offense for DUI). | |
| Result: | Motion to dismiss granted for destruction of evidence. All charges dismissed. | |
| Jan 11, 2002 | Case: 01-022818MM10A | Judge Cowart |
| Facts: | The Defendant was observed weaving on Oakland Park Blvd. Defendant stumbled out of car. Defendant admits to drinking "shots". | |
| Result: | The State dropped the DUI. The defendant has no conviction on her record. | |
| Case: 19-CT-001773 | Judge Cameron | |
| Facts: | The defendant was stopped for failing to maintain s single lane. He was alleged to have traveled over the fog lines. Officers observed an odor of alcohol, and red/glassy eyes. He had to steady himself while getting out of the car. He then performed various field sobriety tests such as the walk and turn, finger to nose and HGN (eye test). He was then arrested for DUI and later refused the breath test. | |
| Defense: | The officers who stopped the defendant were outside their jurisdiction. The State did not provide what is called a mutual aid agreement between the two cities authorizing one jurisdiction to conduct traffic stops in the other's jurisdiction. In addition, the officers had body worn cameras but did not video any roadside tests for whatever unknown reason. The State Dropped the DUI, and the defendant, who is a CDL license holder, received No criminal conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Case: 21-CT-006470 | Judge Damico | |
| Facts: | The defendant was stopped for swerving in and out of traffic and almost hitting a house, after a 911 caller relayed what they had seen. Upon contact, the officers noticed the defendant to have an odor of alcohol, glassy eyes, and slow dexterity. She was unstable, her speech was mumbled, and she had slow comprehension. She performed poorly on the roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later blew .166, .134, and .145 in the breath machine. | |
| Defense: | The officer did not see any driving pattern upon stopping the defendant. Thus, he had no corroboration to legally justify the traffic stop Thus, the lawfulness of the traffic stop was called into question. | |
| Result: | The State dropped the DUI. | |
| Case: 21-CT-036776 | Judge | |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and he stated he had consumed 3 crown and cokes. He also swayed while he stood, had mumbled speech, and appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .146 and a .143 in the breath machine. | |
| Defense: | Due to inconsistencies between the police reports and the video tape that were pointed out by the firm to the State, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Case: 21-CT-000592 | Judge Nicola | |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, red/glassy eyes, and a flushed face. The defendant had a stamp on his hand form a bar. He was asked to perform roadside tests, but he refused. He was then arrested for DUI and later refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. Just prior trial, the firm pointed out to the State that the officer never even asked the defendant to step out of the car for the DUI investigation until he was being arrested. Thus, no-one could even see if he had any balance issues. Also, his speech was not slurred on tape. Furthermore, we provided case law to the State that the defendant's silence in not answering questions would be a violation of his Miranda rights. | |
| Result: | The State dropped the DUI. | |
| Case: 22-CT-011805 | Judge Farr | |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he made unusual statements. After performing roadside tests, he was arrested for DUI. Believing he was impaired by drugs, the defendant provided a urine sample which came back from FDLE positive for marijuana. | |
| Defense: | The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days. | |
| Result: | The State dropped the DUI. | |
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