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

RESULTS

OUR RECENT VICTORIES

May 1, 2010	Case: 09-115MM10A	Judge Ross
Facts:	The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test.
Result:	THE STATE DROPPED THE DUI on the morning of the trial.

Apr 28, 2010	Case: 09-0631XBZTES-14	Judge Sestak
Facts:	The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI.
Result:	The State Dropped the DUI.

Apr 26, 2010	Case: 2010-CT-1925	Judge Boyer
Facts:	The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine.
Result:	On the day of trial, the State Dropped the DUI.

Apr 19, 2010	Case: 9242-XDY	Judge Miranda
Facts:	The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test.
Result:	The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case.

Apr 19, 2010	Case: 8291-XEJ	Judge Krieger-Martin
Facts:	The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI.
Result:	The State Dropped the DUI.

Apr 16, 2010	Case: 2009-CT-001728	Judge Jancewicz
Facts:	The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine.
Result:	The DUI was Dismissed.

Apr 13, 2010	Case: 10-007617MM10A	Judge Gottleib
Facts:	The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest.
Result:	The State dropped the DUI.

Apr 13, 2010	Case: CT-3080-XDY	Judge Conrad
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test.
Result:	The State Dropped the DUI.

Apr 10, 2010	Case: 2010-CT-002732-AXXX	Judge Carr
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine.
Result:	The State Dropped the DUI.

Apr 6, 2010	Case: 48-2010-CT-002943-O	Judge Ansbro
Facts:	The defendant drove into a complex swerving and almost hitting a guard gate. A security guard observed all of the defendant's driving. The defendant then got out of the car and laid on the grass. The security guard then called the police as he believed the defendant to be intoxicated. When the officer arrived the defendant was laying on the grass. He observed the defendant to have an odor of alcohol, red eyes, and thick tongued speech. The defendant stated to the officer he drank beer, wanted to die, and he f'd up. An open empty bottle of beer was found in the defendant's car. He did not perform any roadsides and was arrested for DUI. He then refused the breath test.
Result:	The State then Dropped the DUI.

Apr 1, 2010	Case: 2009-CT-016461	Judge Cheek
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he fumbled with his paperwork. He admitted to drinking wine. According to the officer, he failed the field sobriety tests and was arrested for DUI.
Result:	THE DUI WAS DISMISSED.

Mar 31, 2010	Case: CT-2616-XDY	Judge Mcneil
Facts:	The defendant was involved in a one car traffic crash. After the crash, he went into his house and had a couple of drinks. When he came outside from his house, the officer he came into contact with smelled an odor of alcohol and saw bloodshot eyes. The defendant then performed very poorly on roadside tests on video tape. For example, he missed heel to toe, used his arms for balance, and lost his balance. On the one leg stand, he swayed, put his foot down four times, and used his arms for balance. He was arrested for DUI and refused the breath test.
Result:	The State Dropped the DUI.

Mar 23, 2010	Case: 07-004361MM10A	Judge Gehl
Facts:	The defendant was involved in a rear-end crash for which he was at fault. The officer noticed an odor of alcohol, flushed face, stumbling, and bloodshot eyes. The defendant performed the roadside tests at the request of the officer. For example, on the walk and turn, the defendant did not touch heel to toe, stepped off the line, and started to early. On the one leg stand, he put his foot down a few times and used his arms for balance. He was arrested for DUI and then refused the breath test.
Result:	After reviewing the depo, the State Dropped the DUI.

Mar 23, 2010	Case: 09-CT-507331	Judge Adams
Facts:	The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, bloodshot eyes and he seemed confused. The defendant admitted to taking Xanax. He performed poorly on the roadside exercises. For example, on the walk and turn, he did not touch heel to toe and stepped off the line numerous times. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI.
Result:	The State dropped the DUI.

Mar 22, 2010	Case: 1927-XED	Judge Ortiz
Facts:	The defendant crashed his car into a fence after driving at a high rate of speed. The officer observed an odor of alcohol, slurred speech, a flushed face, and he had trouble maintaining his balance. The officers suspected he was impaired by a chemical and/or controlled substance, not alcohol. This was after their investigation was complete. The conclusion was based on the eye test (ie. HGN). He was requested to give urine after his arrest for DUI and he refused.
Result:	The DUI was Dismissed.

Mar 19, 2010	Case: 08-CT-0011633	Judge Brewer
Facts:	The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, rambling speech, and red eyes. The defendant appeared confused. He then performed the roadside tests at the request of the officer. For example, on the one leg stand, he swayed and used his arms for balance. On the walk and turn, he did not touch heel to toe, stepped off the line, and raised his arms. After his arrest for DUI, he blew a .084 and .081 which were both over the legal limit.
Result:	The State Dropped the DUI.

Mar 19, 2010	Case: 09-CT-013888AXXX	Judge Hanser
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and the defendant admitted to having 4-5 drinks. He then performed the roadside tests for the officer. For example, on the walk and turn, he lost his balance during the instructions, missed heel to toe, and used his arms for balance. After his arrest for DUI, he blew a .146 and .139.
Result:	The State Dropped the DUI.

Mar 19, 2010	Case: 09-001670CTMA	Judge Tinlin
Facts:	The defendant was stopped for reckless driving. She allegedly was driving all over the roadway. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. The officer found an open cup of red wine in the car. She refused the roadside tests and the breath test.
Result:	The State Dropped the DUI.

Mar 15, 2010	Case: 4859-FZP	Judge Ortiz
Facts:	The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. She was unable to keep her balance while standing. She refused the roadsides and the breath test.
Result:	The DUI was dismissed.

Mar 15, 2010	Case: 341851-W	Judge Seraphin
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, fair speech, and bloodshot eyes. On the balance exercise, he estimated 42 seconds for 30 seconds and swayed. On the finger to nose, he missed the tip of his nose all 6 times. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI.
Result:	The DUI was Dismissed.

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