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

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RESULTS

OUR RECENT VICTORIES

May 11, 2008 Case: 377152-W Judge Arzola
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and low speech. He admitted to having a couple of drinks. The defendant was asked to perform field sobriety tests. For example, on the walk and turn test, the defendant raised his arms for balance, lost his balance during the instructions, and paused to regain his balance. On the finger to nose, the defendant missed the tip of his nose and used the wrong hand. The defendant also performed the one leg stand and rhomberg balance exercises. He was subsequently arrested for DUI. This was the defendant's second DUI.
Result: THE STATE DROPPED THE DUI ON THE DAY OF JURY TRIAL.
May 9, 2008 Case: 07-16892MM10A Judge Murphy
Facts: The defendant was involved in an accident. The investigating deputy smelled an odor of alcohol and bloodshot eyes. He also admitted to drinking two Bacardi and cokes. The defendant then submitted to field sobriety tests. On the walk and turn test he missed heel to toe and stepped off the line. On the one leg stand he dropped his foot four times. He was subsequently arrested for DUI. This was his 3rd DUI.
Result: The State conceded the motion and dropped the DUI.
May 9, 2008 Case: 08-CT0007745-0 Judge Miller
Facts: The defendant was allegedly involved in a single car accident. Upon arrival the officer observed two men sitting on the curb. The officer asked who was the driver of the vehicle. The defendant responded that he was the driver. The officer observed an obvious odor of alcohol, bloodshot watery eyes and a sway to his stance. In addition, the officer stated that his dexterity was very poor. He then performed four field sobriety exercises. On the walk and turn, the defendant failed to touch heel to toe seven times. He stumbled on steps three and six and he failed to turn correctly. On the one leg stand, he dropped his foot several times and began to hop. On the rhomberg balance test he swayed from side to side. On the finger to nose he failed to touch the tip of his nose on each attempt. He was arrested for DUI and blew a .122 in the breath machine.
Result: The motion was granted and all of the evidence was thrown out.
May 5, 2008 Case: 07-8733MM10A Judge Ireland
Facts: The defendant was accused of crossing the median into oncoming traffic causing an accident with possible injuries. The DUI officer observed an odor of alcohol, red and watery eyes, slurred and mumbled speech and unsteadiness. When asked questions, the officer stated that he was disoriented. He refused to perform any testing and was arrested for DUI.
Result: The State dropped the DUI.
May 5, 2008 Case: CT-001677-FMP Judge Lefler
Facts: The defendant was stopped for weaving a striking a curb. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant failed the walk and turn, one leg stand, and finger to nose tests. All the tests were video taped. After his arrest for DUI, the defendant blew a .085 in the breath machine.
Result: THE STATE DROPPED THE DUI.
Apr 30, 2008 Case: 07-CT-030469AXX Judge Corlew
Facts: The defendant was stopped for fishtailing, driving over a curb, and driving on the fog line. The officer observed thick/slurred speech and glassy eyes. The defendant performed very poorly on roadside tests which were video taped. The defendant denied drinking and denied taking any medication. The arresting officer was also a Drug Recognition Expert with specialized training. The arresting officer could not smell any odor of alcohol on the defendant due to a sinus infection. However, there were other officers on the video tape as back ups. The defendant was arrested for DUI and subsequenlty refused the breath test. This was the defendant's second DUI and he was also charged with refusing the breath test for the second time.
Result: The State conceded the motion to suppress and DISMISSED THE DUI AND REFUSAL CHARGE.
Apr 29, 2008 Case: 06-12896MM10A Judge Lerner-Wren
Facts: The defendant was the driver in a "roll over" accident. The officer observed an odor of alcohol, bloodshot eyes and droopy eyelids. Despite the accident, the officer still administered field sobriety tests. Based on his performance he was arrested for DUI. He blew a .159 in the breath machine.
Result: The State dropped the DUI.
Apr 28, 2008 Case: 05-016456MM10A Judge Lerner-Wren
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes and that he was unsteady on his feet. He stated he had three beers at "Chili's". On the one leg stand he placed his foot down 4 different times. On the walk and turn test he lost his balance and had gaps on each step. On the finger to nose test he missed the tip of his nose with his finger. He was arrested for DUI and blew a .113 in the breath machine.
Result: The State dropped the DUI.
Apr 28, 2008 Case: 89-031278MM10A Judge Ireland
Facts: The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, and bloodshot eyes. He also had an open container of beer in the car. The defendant allegedly failed the walk and turn test and was arrested for DUI. He subsequently blew a .160 in the breath machine.
Result: On the morning of trial the State dismissed the DUI.
Apr 28, 2008 Case: 07-CF21727 Judge Reese
Facts: The defendant was stopped for speeding. When the officer spoke with the defendant he observed a strong odor of alcohol, bloodshot eyes, dilated pupils and slurred speech. In addition, the officer noticed a clear cup in the center console containing an alcoholic beverage. The defendant performed the one leg stand, walk and turn test as well as the finger to nose. Based on his performance he was arrested for DUI. Also in the center console was a plastic bag with cocaine. He was arrested for DUI and possession of cocaine.
Result: The State dropped the DUI. In addition, the defendant was not convicted of the cocaine charge.
Apr 23, 2008 Case: 06-022389MM10A Judge Gehl
Facts: The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI.
Result: The State dropped the DUI.
Apr 15, 2008 Case: 07-CT-7907 Judge Epperson
Facts: The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident.
Result: On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge.
Apr 15, 2008 Case: 386338-W (JURY TRIAL) Judge Fernandez
Facts: The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 14, 2008 Case: 5398-XDI Judge Arzola
Facts: The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI.
Result: THE DUI WAS DISMISSED.
Apr 9, 2008 Case: 2008-CT-001848 Judge Scaglione
Facts: The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine.
Result: PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI.
Apr 6, 2008 Case: 06-002941MM10A Judge Lazarus
Facts: The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI.
Result: The State dropped the DUI.
Apr 2, 2008 Case: 07-016156MM10A Judge Seidman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test.
Result: Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI.
Apr 2, 2008 Case: 359805-X Judge Newman
Facts: The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI.
Result: The State dropped the DUI on the morning of trial.
Mar 31, 2008 Case: 2710-XDP Judge Lindsey
Facts: The defendant was stopped for speeding and weaving. It took more than one officer to get the defendant stopped as he was not responding to lights, sirens and a P.A. system. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to coming from a party and drinking. He could not do any roadside tasks due to his highly intoxicated condition.
Result: On the morning of jury trial, the STATE DROPPED THE DUI.
Mar 27, 2008 Case: 06-008818MM10A (JURY TRIAL) Judge Cowart
Facts: The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES.

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