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

RESULTS

OUR RECENT VICTORIES

Jul 14, 2006	Case: 05-020015	Judge Gehl
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. The officer also discovered marijuana on the defendant. She also admitted to taking anti-anxiety medication. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She subsequently blew a .084 in the breath machine and refused to give a urine sample.
Result:	The State dropped the DUI.

Jul 14, 2006	Case: 06-009685TCA08	Judge Moyle
Facts:	The defendant was stopped for weaving on the roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech, and unsteadiness. The defendant admitted to drinking two glasses of wine and one vodka drink. The defendant performed poorly on field sobriety tests on video tape. For example, on the walk and turn, the defendant could not keep her balance and stepped off the line. On the one leg stand, she used her arms for balance, put her foot down, and did not count as instructed. After her arrest for DUI, the defendant blew a .117 in the breath machine.
Result:	The Judge GRANTED the motion to suppress and threw out all of the evidence.

Jul 12, 2006	Case: 06-009690MM10A	Judge Cohen
Facts:	The defendant was stopped for speeding and failing to use a turn signal. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A bottle of rum was found in the car and the defendant was very argumentative. The defendant refused the roadsides tests and the breath test.
Result:	On the morning of Jury trial, the State DISMISSED THE DUI.

Jul 12, 2006	Case: 2005-CF-59168 (JURY TRIAL)	Judge Holcomb
Facts:	The defendant was stopped for driving off the roadway and weaving within his lane. The officer observed an odor of alcohol, mumbled speech, and balance problems. The defendant had to lean against his vehicle to prevent himself from falling. He performed poorly on roadside tests. For example, on the one leg stand he put his foot down three times, counted improperly, and swayed. After his arrest for DUI, the defendant refused the breath test. The defendant was charged with FELONY DUI as this was his FOURTH OFFENSE.
Result:	The Jury found the defendant NOT GUILTY.

Jul 11, 2006	Case: 04-026293MM10A (JURY TRIAL)	Judge Zack
Facts:	The defendant was stopped for speeding. When the officer turned on his police lights, the defendant did not stop immediately. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face. A DUI task officer was called to the scene to conduct a DUI investigation. The defendant performed the walk and turn and finger to nose test. All of the exercises were captured on video at the scene. The defendant was arrested for DUI and refused the breath test.
Result:	The jury found the defendant NOT GUILTY IN ELEVEN MINUTES.

Jul 8, 2006	Case: 266809-X	Judge Arzola
Facts:	The defendant was stopped for weaving five times. Once the officer stopped him, he noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn exercise, the defendant took the incorrect number of steps and did not walk heel to toe. After the defendant's arrest for DUI, he blew a .149 in the breath machine.
Result:	Based on Florida case law, the Judge GRANTED the motion to suppress and the State DROPPED THE DUI.

Jul 3, 2006	Case: 05-002241MM10A (JURY TRIAL)	Judge Cowart
Facts:	The defendant was observed sitting at a green light while it cycled several times. The officer approached the vehicle and noticed that the defendant had bloodshot eyes and a flushed face. After rolling down the window the officer noticed a strong odor of alcohol. The defendant admitted to drinking 5 vodka tonics and being under the influence of alcohol. The arresting deputy stated that the defendant performed and failed the field sobriety tests. He was subsequently arrested for DUI. The defendant blew a .161 in the breath machine.
Result:	After the second witness testified at trial, the state dropped the DUI.

Jul 3, 2006	Case: 05-20324MM10A	Judge Ross
Facts:	The defendant was stopped for driving erratically and making a wide right turn. The stopping officer noticed an odor of alcohol, bloodshot eyes, slurred speech and slow movements. The defendant was unsteady when she exited the vehicle, and stumbled onto the grass. On the walk and turn test she couldn't walk more than three steps without stumbling. On the one leg stand test she put her foot down 3 times within the first 4 seconds. The defendant was subsequently arrested for DUI. At the breath facility she picked up a garbage can attempted to pee in it.
Result:	Motion granted, case dismissed.

Jul 2, 2006	Case: 503623-X	Judge McWhorter
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The officer asked the defendant to perform field sobriety exercises. On the one leg stand, the defendant put his foot down and raised his arms nine times for balance. On the finger to nose test, he never touched the tip of his nose. On the balance exercise, he swayed five to six inches and estimated seventeen for thirty seconds. The defendant refused the breath test.
Result:	On the afternoon of trial and just before jury selection, the State dropped the DUI.

Jun 26, 2006	Case: 2006-CT-3158-0	Judge Wixtrom
Facts:	The defendant was stopped for making a left turn from the center lane cutting off another car. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to taking Lexipro as well as another drug consistent with anxiety. The defendant performed the walk and turn test as well as the one leg stand. On the walk and turn test the defendant failed to walk in a straight line, failed to walk heel to toe, and took the wrong number of tests. On the one leg stand test the he dropped his foot and counted incorrectly. The defendant was arrested for DUI and provided a urine sample for the drugs.
Result:	The DUI was Dismissed.

Jun 26, 2006	Case: 289859-X	Judge Bloom
Facts:	The defendant was involved in a rear-end accident. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. Upon exiting the car he was swaying back and forth holding onto the door for balance. Because of the obvious and extreme intoxication, field sobriety tests were not conducted. The defendant was arrested for DUI and blew a .219 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Jun 23, 2006	Case: 05-035786TCA99	Judge Marx
Facts:	The defendant was stopped for driving northbound across the front lawn of the Greenacres Police Department. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted he was coming from a bar and he had 3 grey goose and sours. The officer took the defendant inside the police station to conduct the investigation. As he walked down the hall staggering and swaying. After performing three field sobriety tests the defendant was arrested for DUI. He blew a .095 in the breath machine.
Result:	The State conceded the motion and dropped the DUI.

Jun 22, 2006	Case: 05-009168MM10A	Judge Murphy
Facts:	The defendant was involved in a rollover crash. She was wobbly exiting the vehicle. During a conversation with the investigating officer her speech was extremely slurred and she had mood swings. The Trooper noticed a strong odor of alcohol and bloodshot eyes. The defendant was arrested for DUI and blew a .131 in the breath machine.
Result:	The motion was granted and the case was DISMISSED.

Jun 21, 2006	Case: 05-001709CF10A	Judge M. Kaplan
Facts:	The defendant lost control of his vehicle, drove across 3 lanes of traffic and crashed into a construction truck. The officer noticed a "very" strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. After exiting the vehicle the defendant was stumbling all over the roadway. Because this was a 4th offense the defendant was charged with felony DUI and DUI property damage.
Result:	The state conceded the motions and dropped both the felony DUI as well as the DUI with property damage.

Jun 20, 2006	Case: 05-018784TCA02 (JURY TRIAL)	Judge Corlew
Facts:	The defendant was passed out behind the wheel of his car with the engine running. The officer observed an odor of alcohol, bloodshot eyes and he was drooling all over his face. After exiting the car the officer stated that the defendant was stumbling all over the place. The defendant refused to perform all sobriety tests and was arrested for DUI. This was the defendant's 3rd DUI.
Result:	The Jury found the defendant NOT GUILTY.

Jun 18, 2006	Case: 05-010429MM10A	Judge Ross
Facts:	The defendant was stopped for hitting the curb several times and driving onto the sidewalk. The officer noticed a flushed face and a strong odor of alcohol. The defendant admitted to drinking scotch. The officer stated that the defendant failed all of the roadside tests and was arrested for DUI. The defendant blew a .111 in the breath machine.
Result:	The motion was granted and the breath test was thrown out.

Jun 15, 2006	Case: 05-012730MM10A	Judge Murphy
Facts:	The defendant was stopped for driving in and out of traffic going 115mph in a 65mph zone. The DUI task force officer observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant was asked to exit the vehicle and was completely unsteady. After the eye test he was arrested for both DUI and Reckless Driving. The defendant blew a .148 in the breath machine after his arrest for DUI. This was his 2nd DUI.
Result:	After the motion the state conceded and dropped the DUI.

Jun 14, 2006	Case: 2005CT023142SC	Judge Denkin
Facts:	The investigating officer first noticed the defendant cut off another car while attempting to make a u-turn. The defendant then proceeded to make the u-turn, this time cutting off the officer. He then activated his lights and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot eyes and extremely slurred speech. While exiting the car he was noticeably unsteady on his feet. During a conversation with the officer, the defendant admitted to taking medication as well as drinking. The officer had him perform field sobriety tests. The video clearly showed that the defendant was unable to perform any of the exercises and was subsequently arrested for DUI. This was his 2nd DUI. It should be noted that our firm took over the case after the defendant's first lawyer told him to plead guilty.
Result:	The Court agreed, the motion was granted and the field sobriety tests were thrown out.

Jun 13, 2006	Case: 05-14438MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was stopped for driving out of his lane and on the grass on three separate occasions. The initial officer noticed an odor of alcohol and blood-shot eyes. Based on those observations, a DUI task force officer was called. The DUI task force officer also made similar observations which were consistent with driving under the influence. The deputy believed that the defendant performed poorly on the roadside tests and arrested the defendant for DUI. The deputy asked the defendant if he would take a breath test and the defendant responded that "it is was not in his best interest."
Result:	The Jury found the defendant NOT GUILTY.

Jun 11, 2006	Case: 489145-X	Judge Mills-Francis
Facts:	The defendant was found in her vehicle by police in the middle of the road. No one saw her actually driving the car. The car had severe front end damage to the tires and rim. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to have the defendant performed roadside tests. The defendant failed the tests and was arrested for DUI. She refused the breath test subsequent to her arrest for DUI.
Result:	THE STATE DISMISSED THE DUI.

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