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

RESULTS

OUR RECENT VICTORIES

Oct 28, 2011	Case: 11-CT-500650	Judge Mann
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. A DUI investigator was called to the scene and made similar observations. He was asked by the DUI officer if he had anything to drink and the defendant stated nothing at all. When he exited the car, he used the door for balance. He was then asked to perform field sobriety tests and he refused. He was then arrested for DUI and refused the breath test.
Result:	The State Dropped the DUI.

Oct 27, 2011	Case: 10-11893MM10A	Judge Brown
Facts:	The defendant was stopped for driving too slow and obstructing traffic. The initial officer observed a strong odor of alcohol and glassy watery eyes. He then observed the defendant having trouble exiting the vehicle and almost fell onto the street. The DUI officer made the same observations and administered several sobriety tests. After the walk and turn and one leg stand the defendant was arrested for DUI.
Result:	On the morning of the motion the State dropped the DUI.

Oct 25, 2011	Case: 11-CT-000890000AKW (JURY TRIAL)	Judge Miller
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. There were open containers of alcohol in the the car and the defendant admitted to having three to four drinks prior to driving. According to the officer, the defendant admitted that she may have been impaired, but was sober enough to drive home. According to the officer, she failed the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
Result:	The Jury found the Defendant Not Guilty.

Oct 24, 2011	Case: 10-027224MM10A	Judge Ross
Facts:	The defense rear-ended another vehicle resulting in a three car crash. The first officer conducted the accident investigation and turned the DUI investigation over to another officer. The second officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed several field sobriety tests including the one leg stand and the walk and turn test. On the one leg stand test the defendant failed to keep his foot off the ground and used his arms for balance. On the walk and turn test he stepped off the line several times and failed to touch heel to toe several times. The defendant was arrested for DUI and refused to submit to a breath test.
Result:	The motion was Granted and all of the evidence was thrown out. The DUI was dropped.

Oct 18, 2011	Case: 2009-CT-018411-A-O	Judge Craner
Facts:	The defendant was stopped for running a red light. The officers observed an odor of alcohol, glassy eyes, slurred speech, and slow movements. The defendant used both hands while exiting the vehicle and was unsteady on his feet. He admitted to drinking two beers and then submitted to the roadside tasks which according to the officers he failed. He was then arrested for DUI.
Result:	Based on the above, the State Dropped the DUI on the morning of trial.

Oct 17, 2011	Case: 3406-XED	Judge Denaro
Facts:	The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred/confused speech, and a flushed face. She showed severe signs of impairment on all the field sobriety tests and was then arrested for DUI. After her arrest, she refused the breath test.
Result:	Based on the above, the State Dropped the DUI.

Oct 14, 2011	Case: 2010-CT-029597AXXX	Judge Damico
Facts:	The defendant was stopped for failing to maintain a single lane and driving 40 miles per hour in a 55 mile per hour zone. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. He was unsteady on his feet and appeared confused. The defendant showed major signs of impairment on the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .167 in the breath machine. This was the defendant's Third offense.
Result:	The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI.

Oct 8, 2011	Case: 2011-CT-006831-O	Judge Plogstedt
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and she was swaying. The defendant admitted to drinking. According to the officer she performed poorly on the roadside tests which were video taped. For example, on the walk and turn, she lost her balance and stepped off the line. On the one leg stand, she raised her arms for balance and put her foot down. The defendant was arrested for DUI and then refused the breath test.
Result:	On the morning of jury trial, the State Dismissed the DUI.

Oct 8, 2011	Case: 48-2011-CT-006847-O	Judge Plogstedt
Facts:	The defendant was stopped for speeding and drifting. The officer observed and odor of alcohol, she advised she drank beers, and she had red eyes. According to the officer, she performed poorly on the roadside tests which were video taped. She was then arrested for DUI.
Result:	After announcing ready for jury trial, on the morning of trial the State Dismissed the DUI.

Oct 5, 2011	Case: 10-CT-00190801XXLD	Judge Griffin
Facts:	The defendant was stopped for weaving a couple of times. The officer observed and odor of alcohol, bloodshot eyes, and she admitted to drinking Long Island Iced Teas. She performed poorly on the field sobriety tests. For example, on the walk and turn, she lost her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and then refused the breath test.
Result:	Prior to filing a motion to suppress, the State Dropped the DUI.

Oct 2, 2011	Case: 10-CM-015864	Judge Conrad
Facts:	The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia.
Result:	The DUI was Dropped and the drug charges were Dismissed.

Oct 1, 2011	Case: 8071-XEE	Judge Schwartz
Facts:	The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
Result:	On the day of trial, the DUI was dismissed based on the Statute of Limitations.

Oct 1, 2011	Case: 3210-XEJ	Judge Newman
Facts:	The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
Result:	On the day of trial and prior to arguing the motion, the State Dropped the DUI.

Oct 1, 2011	Case: 7815-XEJ	Judge Gayles
Facts:	The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
Result:	On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.

Oct 1, 2011	Case: CT-000301-XEH	Judge Lefler
Facts:	The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Result:	Prior to trial, the State Dropped the DUI.

Sep 28, 2011	Case: CT-004244-XEP	Judge Dominguez
Facts:	The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
Result:	The State Dropped the DUI.

Sep 19, 2011	Case: 4522-XDY	Judge Seraphin
Facts:	The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Result:	Just before jury selection, the State Dropped the DUI.

Sep 19, 2011	Case: 2011-CT-019871AXXX	Judge Evans
Facts:	The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
Result:	The DUI was Dismissed.

Sep 15, 2011	Case: CT-005157-XEP	Judge Greco
Facts:	The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
Result:	The State Dropped the DUI.

Sep 14, 2011	Case: CT-002590-XEJ	Judge Mcneil
Facts:	The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
Result:	The State Dropped the DUI.

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