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

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OUR RECENT VICTORIES

Sep 6, 2009	Case: 08-14310MM10A	Judge Lazarus
Facts:	The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
Result:	The motion was granted. All of the evidence was thrown out.

Sep 3, 2009	Case: 1588-XED	Judge Seraphin
Facts:	The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
Result:	The State dropped the DUI.

Sep 2, 2009	Case: 8662-XCM	Judge Newman
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
Result:	On the morning of trial, the DUI was dismissed.

Sep 1, 2009	Case: 07-019193MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
Result:	The DUI was dismissed.

Sep 1, 2009	Case: 2008CT026134AXX	Judge Keyser
Facts:	The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
Result:	After the State read the deposition of the officer and the motion, the DUI was dismissed.

Aug 24, 2009	Case: 2009-CT-006143AXXX	Judge Derke
Facts:	The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Result:	Prior to trial, the State Dropped the DUI.

Aug 19, 2009	Case: CT-3325-XCO	Judge McNeil
Facts:	The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
Result:	The State Dropped the DUI.

Aug 17, 2009	Case: 9374-XEC	Judge Fernandez
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
Result:	The State Dropped the DUI on the morning of trial.

Aug 6, 2009	Case: 341771-W	Judge Fernandez
Facts:	The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
Result:	The DUI was Dismissed.

Aug 6, 2009	Case: 6997-XDG	Judge Fernandez
Facts:	The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
Result:	The State dropped the DUI.

Aug 6, 2009	Case: CT-8314-XAM	Judge Lefler
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, glassy eyes, and she appeared disoriented. She performed the field sobriety tests at the request of the officer which were video taped. According to the officer, she failed and was arrested for DUI. After her arrest, she blew a .087 in the breath machine.
Result:	The State Dropped the DUI.

Aug 5, 2009	Case: 08-003093MM10A	Judge Murphy
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and the defendant stated he had two beers. The defendant performed the field sobriety tests. For example, on the walk and turn, he missed heel to toe, stepped off the line, and did not touch heel to toe. On the one leg stand, he swayed and used his arms for balance. He was arrested for DUI and then blew a .089 in the breath machine.
Result:	The State dropped the DUI.

Aug 4, 2009	Case: 2008-MM-0199554AXX	Judge Keyser
Facts:	The defendant was stopped for making a jerky U-turn and allegedly crossing over the white lane markers two times over a short distance. The alleged weaving was captured on video tape along with the rest of the incident. The officer noticed an odor of alcohol, mumbled speech, glassy eyes, and disorientation. Numerous bottles of wine were found in the car. The officer attempted to conduct the field sobriety tasks. The defendant began the walk and turn but could not maintain her balance and said "I am Done." She was then arrested for DUI. This was the defendant's second DUI.
Result:	The State Dismissed the DUI.

Aug 4, 2009	Case: 2008-CT-025584AXX (JURY TRIAL)	Judge Bosso-Pardo
Facts:	The defendant was stopped for running a red light and proceeding over railroad tracks as the gate was going up. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to having two red wines. A patrol car with a video camera was called to the scene to tape the defendant's performance on the roadside tasks. On the walk and turn exercise, he could not hold the instructional stance, stepped off the line numerous times, and did not keep his hands by his side. On the one leg stand, the defendant could not perform this task without losing his balance, raising his arms, and putting his foot down several times. He then went on to perform the finger to nose and alphabet tests well. After his arrest for DUI, he refused the breath test. At the station, the officer who was going to administer the breath test, testified he noticed slurred speech, swaying, and a loss of concentration (all of which allegedly occurred prior to the video tape turning on at the station).
Result:	The Jury found the defendant Not Guilty.

Jul 30, 2009	Case: 2009-MM-589-A-K	Judge Fowler
Facts:	The defendant was stopped for speeding. The officer observed the defendant to be disoriented, have slurred speech, and an odor of alcohol. The defendant stated he drank 5-6 beers and should not be driving. The defendant was off balance and performed very poorly on the roadside tests. The entire incident was video taped. After his arrest, he refused the breath test.
Result:	Prior to ever filing the motion to dismiss, the State Dropped the DUI.

Jul 22, 2009	Case: 48-09-CT-0000470-0 (JURY TRIAL)	Judge Ansbro
Facts:	The defendant was found passed out in his car by police. Fire rescue arrived to assess the defendant's condition. The officers noticed an odor of alcohol, speech incomprehensible, and glassy eyes. He stumbled when he finally was awoken and got out of the car. The defendant performed the roadside tasks. For example, on the walk and turn, he lost his balance, raised his arms, and almost fell. On the one leg stand, he used his arms, counted wrong, and put his foot down. After his arrest for DUI, he blew a .149 in the breath machine.
Result:	After Jury deliberations, the State Dropped the DUI.

Jul 17, 2009	Case: 2008-CT-031277AXX	Judge Bonavita
Facts:	The defendant was stopped after a call alerted police that a fight had allegedly occurred between the defendant and a female. The officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant stated he had two drinks. He then performed the roadside tasks as requested. For example on the one leg stand, he almost fell over, hopped, and used his arms for balance. On the walk and turn, he stepped off the line, failed to touch heel to toe, and used his arms for balance. After failing all of them, he was arrested for DUI and then refused the breath test.
Result:	The State dropped the DUI.

Jul 14, 2009	Case: 08-009919CF10A	Judge Levenson
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and the defendant swaying. The defendant refused the roadside tests and the breath test. This was the defendant's third offense and he was charged with Felony DUI.
Result:	On the morning of trial, the State Dropped the Felony DUI.

Jul 12, 2009	Case: CT-3997-ELT	Judge Lefler
Facts:	The defendant was stopped for weaving all over the road and driving off the roadway. The defendant fumbled with his paperwork, had slow movements, and had mumbled speech. He performed poorly on the roadside tasks and was arrested for DUI. The officer believed he was impaired by either a chemical or controlled substance. After his arrest, he gave urine which tested positive for Xanax, numerous other prescription medicines, and Oxycodone.
Result:	The State Dropped the DUI.

Jul 12, 2009	Case: 2939-XAV	Judge Miranda
Facts:	The defendant was stopped for driving illegally through a construction zone. The trooper who conducted the stop observed an odor of alcohol. He conducted roadside tests on the defendant and then called for another DUI officer. That officer also conducted roadside tests on the defendant. He observed bloodshot eyes, an odor of alcohol, and slurred speech. The defendant performed poorly on the additional roadside tests was arrested for DUI and then blew a .142 in the breath machine.
Result:	On the morning of trial and due to the above problem with the stopping officer's lack of recollection, the State Dropped the DUI.

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