Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense | Results

RESULTS

OUR RECENT VICTORIES

Nov 1, 2006	Case: 2886-DKZ	Judge Newman
Facts:	The defendants vehicle was stopped for no apparent reason in a lane of travel. When the officer approached the driver he noticed an odor of alcohol, bloodshot eyes and a flushed face. Due to the physical indicators displayed by the defendant of the sobriety tests he was arrested for DUI. A drug evaluation was also done indicating that the defendant was under the influence of marijuana.
Result:	The DUI was dismissed.

Nov 1, 2006	Case: 05-34282TCA99	Judge Moyle
Facts:	The defendant was stopped at a sobriety checkpoint. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking four beers. The defendant allegedly failed each field sobriety test and was arrested for DUI.
Result:	The DUI was dismissed.

Oct 26, 2006	Case: 086194-J	Judge Arzola
Facts:	The defendant was involved in a crash whereby he rear-ended another car. The first trooper on the scene noticed an odor of alcohol, balance problems, weird behavior, and had to assist the defendant out of the car to the side of the road as he felt he was going to fall. A DUI officer was called who also observed and odor of alcohol. The defendant performed the HGN test (eye test) and walk and turn exercise. He was arrested for DUI and blew a .166 (over twice the legal limit) in the breath machine. This was the defendant's second offense.
Result:	The Judge found all the testimony contradictory, a complete lack of recollection, and overall not credible. The Judge GRANTED THE MOTION THROWING OUT ALL THE EVIDENCE. THE STATE SROPPED THE DUI.

Oct 25, 2006	Case: 05-016915TCA02	Judge Cohen
Facts:	The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, slurred speech, and the defendant appeared confused. The defendant performed poorly on roadside tests. For example, on the one leg stand, the officer wrote the defendant put his foot down thirteen times. After his arrest for DUI the defendant refused the breath test.
Result:	The day before Jury Trial, the State DROPPED THE DUI.

Oct 23, 2006	Case: 411172-X	Judge Lindsey
Facts:	The defendant was stopped for driving the wrong way down a down a one way street. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to the scene and he made similar observations. The defendant performed poorly on roadsides and vomited in the back of the officer's patrol car. The defendant blew a .110 in the breath machine.
Result:	The State DISMISSED THE CASE on statute of limitations grounds.

Oct 19, 2006	Case: 1054-XCF	Judge Lindsey
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. Upon exiting the vehicle, the officer attempted to begin the DUI investigation. The defendant took off running with his child through the everglades. Police dogs and helicopters were called to locate the defendant in the swamp. The defendant was eventually caught and arrested for DUI among numerous other felony charges which were separated from the DUI count. This was the defendant's second DUI.
Result:	The State DROPPED THE DUI.

Oct 17, 2006	Case: 06-001459TCA04 (TRIAL)	Judge Damico
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, red eyes, slurred speech, and slow movements. The defendant stated he drank two glasses of wine and was swaying throughout the encounter. The arresting officer had the defendant perform the walk and turn, finger to nose, alphabet, and finger count tests. According to the officer, the defendant performed poorly and arrested him for DUI. The defendant refused the breath test and this was his second DUI.
Result:	The defendant was found NOT GUILTY.

Oct 16, 2006	Case: 05-4204MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for driving at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the officer stated the defendant used the car door for support. The officer then called for a DUI officer who had a camera in his car. The DUI officer arrived and made similar observations as the first officer. He asked the defendant to perform field sobriety tests but he refused. The defendant was arrested for DUI.
Result:	The Motion was granted and the case was DISMISSED.

Oct 10, 2006	Case: 06-1775CTA1	Judge Yacucci
Facts:	The defendant was stopped for failure to maintain a single lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant told the officer she was coming from Charlie's Happy Time Bar. The officer further observed slurred speech and that the defendant was swaying from side to side. She was unable to exit the car without holding onto the door for balance. The defendant refused to take any tests and was arrested for DUI. Since this was her second refusal she was charged with the crime of refusing a breath test.
Result:	The State dropped the DUI and the Judge dismissed the Refusal charge.

Oct 8, 2006	Case: 06-1676CT	Judge Crown
Facts:	The defendant was stopped for erratic driving while making a turn. His truck spun out 180 degrees. The officer's observed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed poorly on roadside tests according to the officers. On the one leg stand, he put his foot down numerous times. On the walk and turn, he stepped off the line several times, missed heel to toe, and used his arms for balance. He was arrested for DUI and refused the breath test.
Result:	or to the motion, the STATE DROPPED THE DUI.

Oct 7, 2006	Case: 508647-X	Judge Newman
Facts:	The defendant was stopped for swerving and driving into oncoming traffic. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The officer stated that the defendant failed all 3 field sobriety tests and was arrested for DUI. She was arrested for DUI and blew a .270, .212 and a .240.
Result:	The State conceded the motion the DUI was DISMISSED.

Oct 7, 2006	Case: 550931-X	Judge Bloom
Facts:	The defendant was stopped for running a red light. The defendant was unsteady on his feet and had to hold onto the door for balance. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was asked to perform field sobriety tests. On the walk and turn test the defendant lost his balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand he swayed and dropped his foot throughout the test. He was arrested for DUI and blew a .193.
Result:	The DUI was DISMISSED.

Oct 7, 2006	Case: 501099-W	Judge Newman
Facts:	The officer was notified by the defendant's girlfriend that the defendant had two bottles of wine and was driving home drunk. The girlfriend then pointed out the defendant's car driving northbound. After stopping him the officer observed an odor of alcohol, bloodshot eyes, flushed face and rapid speech. Based on the high level of intoxication the defendant failed each of the sobriety tests. He was arrested for DUI and blew a .146 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.

Oct 7, 2006	Case: 2006-MM-00578-A	Judge Fowler
Facts:	The defendant was observed weaving on the road while driving a scooter. The officer noticed an odor of alcohol and bloodshot eyes. The defendant became violent and refused to participate in any sobriety testing. The defendant was arrested for DUI.
Result:	The State dropped the DUI.

Oct 7, 2006	Case: 05-020025MM10A	Judge Zack
Facts:	The defendant was stopped at a sobriety checkpoint. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the walk and turn and one leg stand test. He stated that after she failed the sobriety tests he arrested her for DUI. She blew a .195 in the breath machine.
Result:	The DUI was dismissed.

Oct 4, 2006	Case: 05-000673MM10A	Judge Robinson
Facts:	The defendant was found slumped over the wheel by an FHP trooper on the side of the road. The defendant was unresponsive to the police in their numerous attempts to awaken him. The officer observed an odor of alcohol, slurred speech and he was very confused. The defendant was asked to perform roadside tests and performed very poorly. For example, on the walk and turn, he was unsteady, almost fell and missed heel to toe on almost every step. On the one leg stand, he used his arms to balance and dropped his leg at number five when he was supposed to go to thirty. The defendant stated he had three "Johnny Walker Black" drinks and he refused the breath test after his arrest for DUI.
Result:	The State dropped the DUI.

Sep 29, 2006	Case: 05-036804TCA08	Judge Eissey
Facts:	The defendant was involved in a traffic crash where he was hit on his driver's side. Paramedics had to extract him from the car due to the door being stuck. The police officer noticed an odor of alcohol, unsteadiness, and the defendant appeared dazed. The defendant admitted having three drinks. He was transported to the hospital for his injuries. At the hospital, he refused to give blood to the officer and was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Sep 28, 2006	Case: 2005-CT-023142 SC	Judge Denkin
Facts:	The defendant was stopped for almost hitting a vehicle at an intersection. Furthermore, the defendant almost struck a police car at the same intersection. The officer noticed an odor of alcohol, red eyes, and very slurred speech. A DUI officer was called to conduct roadside tests. The defendant was video taped at the scene and he performed very poorly on all the tests. In fact, the one leg stand test was stopped for the defendant's safety. This was the defendant's second offense and he refused the breath test.
Result:	The Judge granted the motion and threw out all the roadside tests from evidence. The State dropped the DUI.

Sep 27, 2006	Case: 06-TC-002155	Judge Legendre
Facts:	The defendant was involved in a traffic crash in which the vehicle hit a guard-rail. The officer noticed an odor of alcohol and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .090 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Sep 25, 2006	Case: 317020-X	Judge Newman
Facts:	The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. According to the officer, the defendant failed each of the field sobriety tests. She was subsequently arrested for DUI and blew a .195 in the breath machine.
Result:	The State dropped the DUI.

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