| Sep 2, 2020 | Case: 2018-MM-001126 | Judge Hamilton |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Sep 1, 2020 | Case: 20-CT-003251 | Judge Conrad |
| Facts: | The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2020 | Case: 20-CT-001820 | Judge Conrad |
| Facts: | The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The video tape contradicted many of the officer’s written reports. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2020 | Case: 20-CT-001399 | Judge Conrad |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-016761 | Judge Jeske |
| Facts: | The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting. | |
| Defense: | A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-057710 | Judge Peacock |
| Facts: | The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine. | |
| Defense: | The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-022104 | Judge Damico |
| Facts: | The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine. | |
| Defense: | There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 26, 2020 | Case: A6WGTQE | Judge Dittmer |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances. | |
| Defense: | Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 26, 2020 | Case: 19-CM-013013 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank beers. The defendant then performed field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant had a pelvic hernia which was supported by medical documentation. Yet, the officer still had him do the one leg stand and walk and turn exercises. There was doubt whether any impairment was due to his injury versus alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 19-CT-016737 | Judge Jeske |
| Facts: | The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 19-CT-011321MU10A | Judge Diaz |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests. | |
| Defense: | Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 20-CT-019479 | Judge Friedland |
| Facts: | The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine. | |
| Defense: | There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2020 | Case: 19-CT-019539 | Judge Farr |
| Facts: | The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine. | |
| Defense: | Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2020 | Case: 19-CT-012687 | Judge Farr |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2020 | Case: 19-CT-017861 | Judge Farr |
| Facts: | The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine. | |
| Defense: | The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2020 | Case: 20-CT-002553 | Judge Farr |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine. | |
| Defense: | While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2020 | Case: 19-CT-015940 | Judge Farr |
| Facts: | The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine. | |
| Defense: | There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Aug 11, 2020 | Case: 19-CT-014103 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and unstable balance. The defendant stated he had drank beer. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .195 and a .189 in the breath machine. | |
| Defense: | The firm was able to demonstrate, that based on various issues on the video, there was a lack of probable cause to make the arrest. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 11, 2020 | Case: 19-CT-016301 | Judge Conrad |
| Facts: | The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant then performed the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later blew a .162 and a .157 in the breath machine. | |
| Defense: | There was some confusion on the defendant 's behalf as to whether to take the breath test. There was some conversation back and forth with the officer which left the defendant believing he had no choice but to blow. | |
| Result: | The State dropped the DUI. | |
| Aug 11, 2020 | Case: 19-CT-016315 | Judge Conrad |
| Facts: | The defendant was stopped trying to drive to a checkpoint at the Port. He was detained for police. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty standing and almost fell. He couldn't even perform some of the roadsides due to his level of intoxication. He was arrested for DUI and later blew a .198 and a .190 in the breath machine. | |
| Defense: | There was no reasonable suspicion of a crime justifying the defendant's detainment by civilian port employees. In legal terms, it was an unlawful citizen's arrest by detaining him until police arrived. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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