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

RESULTS

OUR RECENT VICTORIES

Apr 11, 2009	Case: 09-CT-014423AXX	Judge Bonavita
Facts:	The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI.
Result:	Moments before picking a jury, the State Dropped the DUI.

Apr 11, 2009	Case: 2009-CM-017152	Judge Lefler
Facts:	The defendant was stopped for making an improper turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests which were video taped. According to the officer, he performed poorly and was arrested for DUI. Numerous beers were found in the defendant's car. After his arrest, he blew a .091 and .090 in the breath machine.
Result:	The State Dropped the DUI.

Apr 6, 2009	Case: 08-101MM10A	Judge Gehl
Facts:	The defendant was stopped for driving eastbound in the west bound lanes. The defendant also ran a red light. The officer observed an odor of alcohol and glassy eyes. She stated she had three glasses of wine. The defendant refused the roadside tests and the breath test.
Result:	Both motions were granted and the State Dropped the DUI.

Apr 5, 2009	Case: 48-2008-CT-004316-O	Judge Brewer
Facts:	The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had two drinks and fumbled while looking for his driver's license. The defendant was arrested after performing the roadside tasks. He blew a .120 in the breath machine after his arrest for DUI.
Result:	The DUI was Dismissed.

Apr 3, 2009	Case: 2008CT02909	Judge Arnold
Facts:	The defendant was stopped for failure to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and a flushed face. After failing each of the sobriety tests the defendant was arrested for DUI. While in jail, the defendant appeared in front of a judge. Without a lawyer, the defendant was convinced to take a plea to a DUI. After being released from jail, he subsequently retained the firm to undo his plea and defend his case.
Result:	The State dropped the DUI.

Apr 2, 2009	Case: 07-012447MM10A	Judge Lerner-Wren
Facts:	The defendant was the at fault driver in a five car traffic accident. The officers all noticed that the defendant appeared sleepy and incoherent. His speech was slurred and he was stumbling around the accident scene. While the officer observed a flushed face, he stated that he observed no odor of alcohol. He stated that he takes medication for several injuries that he suffered to his back. The defendant was unable to successfully perform any field sobriety tests and was arrested for DUI. He later provided a urine sample which was positive for opiates, and hydrocodone.
Result:	The State dropped the DUI.

Apr 2, 2009	Case: CT-004881-FYR	Judge Dominguez
Facts:	The defendant was involved in a muli-car rear end collision for which he was at fault. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, was slow responding to the officer's questions, and kept repeating himself. Due to the defendant's injuries, he was transported to the hospital. At the hospital, the officer requested that the defendant's blood be drawn. He had previously told the defendant at the scene he would be required to provide blood. The blood results from the lab revealed that the defendant tested positive for alcohol and controlled substances. The defendant was then charged with DUI causing damage to person and/or property while under the influence of alcohol and controlled substances (ie. Xanax and marijuana).
Result:	Prior to the motion, the State dropped the DUI.

Apr 2, 2009	Case: 08-011362MM10A	Judge Seidman
Facts:	The defendant was first seen weaving on the roadway. The officer then observed that she hit the curb before jerking back into her lane. The officer initiated a traffic stop in the parking lot of a gas station. The officer observed a strong odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called to the scene. The defendant performed several field sobriety tests. On the stand and balance test the defendant swayed from side to side. On the finger to nose, she failed to touch her finger to her nose on several attempts. On the walk and turn test, she failed to walk heel to toe and stepped off the line. She was subsequently arrested for DUI.
Result:	The State dropped the DUI.

Mar 30, 2009	Case: 08-010734MM10A	Judge Ireland
Facts:	The defendant was approached by police officers working an undercover drug operation. The defendant just happened to be passing through that area. They approached her car and told her to provide her driver's license. The officers observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant, who was scared because of all the officers around, refused to get out of the car. She was arrested for DUI.
Result:	On the morning of trial and the motion to suppress, the State dropped the DUI.

Mar 30, 2009	Case: CT-009725-XDK	Judge Rice
Facts:	The defendant was stopped after hitting numerous traffic cones in front of an officer. The officer observed an odor of alcohol, bloodshot eyes, and the defendant appeared unsteady and off balance while standing outside of his car. While refusing to do the roadside tasks, the defendant stated, "I am screwed." He was then arrested for DUI. He later refused the breath test. The whole incident was video taped.
Result:	The State dropped the DUI.

Mar 23, 2009	Case: 3872-XDK	Judge Ortiz
Facts:	The defendant was stopped for speeding and failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant refused the roadside tests and the breath test.
Result:	The DUI was Dismissed.

Mar 17, 2009	Case: CT-002342-FTC	Judge Thomas
Facts:	The defendant was stopped for a having a front head light and also a tag light out. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer, the defendant failed the roadsides which included the HGN (eye test), walk and turn, one leg stand, finger to nose, and alphabet tests. The whole incident was video taped. The defendant first admitted to having a few beers, then admitted having six, and finally told the officer he drank eight coronas. He was arrested for DUI.
Result:	The State dropped the DUI.

Mar 16, 2009	Case: 08-022817MM10A	Judge Seidman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform roadside tests to which he complied. He performed the finger to nose and estimation of time tests. According to the officer, he performed poorly. He was arrested for DUI and refused the breath test. The whole incident was video taped.
Result:	The State dropped the DUI on the morning of trial.

Mar 9, 2009	Case: 2009-CT-6032 (JURY TRIAL)	Judge Moran
Facts:	The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI.
Result:	The Jury found the defendant NOT GUILTY.

Mar 6, 2009	Case: 2009-CT-004977AXX (TRIAL)	Judge Marx
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI.
Result:	The defendant was found Not Guilty.

Feb 25, 2009	Case: CT-000364-XCO	Judge Dominguez
Facts:	The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Result:	The State dropped the DUI.

Feb 25, 2009	Case: 08-CT-019208AMB (JURY TRIAL)	Judge Moyle
Facts:	The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08).
Result:	The Jury found the defendant Not Guilty.

Feb 23, 2009	Case: 9218-XEC	Judge Seraphin
Facts:	The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test.
Result:	The DUI was dismissed.

Feb 19, 2009	Case: 48-2007-CT-018159-0	Judge Ansbro
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine.
Result:	The DUI was dismissed.

Feb 17, 2009	Case: CT-008720-XAM	Judge Lefler
Facts:	The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI.
Result:	The State dropped the DUI.

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