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

RESULTS

OUR RECENT VICTORIES

Feb 13, 2007	Case: 04-20289CF10A (JURY TRIAL)	Judge M. Kaplan
Facts:	The defendant was involved in a rear end crash. When the first officer arrived on scene he observed a strong odor of alcohol, bloodshot eyes and extremely slurred and mumbled speech. In addition, he noticed that the defendant was having a difficult time standing up and walking without stumbling. After making these observations he called for a DUI task force officer. The task force officer observed all of the same signs and then conducted field sobriety tests. He stated that after failing each field sobriety test, including the one leg stand, finger to nose and rhomberg balance test, the defendant was arrested and charged with a Felony DUI 4th offense, and 2 counts of DUI causing injury and/or property damage.
Result:	The Jury found the defendant NOT GUILTY ON ALL CHARGES.

Feb 10, 2007	Case: 07-006668-CT	Judge Duryea
Facts:	The defendant was involved in a traffic crash whereby he hit a power pole. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having five drinks. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He blew a .148 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Feb 10, 2007	Case: 2007-CT-1885	Judge Tanner
Facts:	The defendant was stopped for attempting to drive into a U.S. Naval Base. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 4 beers. The defendant allegedly failed field sobriety tests and was asked to provide a breath test. He subsequently blew a .108 in the breath machine.
Result:	The State dropped the DUI.

Feb 7, 2007	Case: 03-030181MM10A	Judge Robinson
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine.
Result:	The motion was granted and the DUI was dropped.

Feb 7, 2007	Case: 07-001536MM10A	Judge Ross
Facts:	The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI.
Result:	Rather than put the officer on the stand, the state dropped the DUI.

Feb 7, 2007	Case: 05-024487MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped at a DUI checkpoint. The officer observed swaying, slurred speech and dilated eyes. The defendant failed each sobriety test and was arrested for DUI. The defendant gave a urine sample which revealed several controlled substances in his system.
Result:	The motion was granted and the DUI was dismissed.

Feb 7, 2007	Case: 06-014831MM10A	Judge Ireland
Facts:	The defendant was stopped for speeding as well as weaving on the roadway. The trooper observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant admitted to drinking four "jack and cokes." Prior to performing the sobriety tests, the trooper said the defendant was swaying from side to side. On video the defendant was unsteady on both the walk and turn and the one leg stand test. He was arrested for DUI and blew a .081 in the breath machine.
Result:	The State dropped the DUI.

Feb 4, 2007	Case: 04-008314MM10A	Judge Diaz
Facts:	The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine.
Result:	The motion to exclude the breath test was granted and the State dropped the DUI.

Feb 4, 2007	Case: 377205-W	Judge Newman
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine.
Result:	ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI.

Feb 4, 2007	Case: 188014-J	Judge Arzola
Facts:	The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Jan 30, 2007	Case: 05-016533MM10A (JURY TRIAL)	Judge Lerner-Wren
Facts:	The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids.
Result:	The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers.

Jan 24, 2007	Case: 06-003147MM10A	Judge Murphy
Facts:	The defendant was stopped for making a wide turn across 3 lanes of traffic and then weaving on the roadway. After observing a strong odor of alcohol, bloodshot eyes and slurred speech, the officer called for a DUI deputy. The deputy made the same observations, as well as a lack of balance. The defendant failed the field sobriety tests and was subsequently arrested for DUI. He later blew a .121 in the breath machine.
Result:	The State dropped the DUI on the morning of trial.

Jan 19, 2007	Case: 06-CT-1228-XAM	Judge Barber
Facts:	The defendant was initially seen by an officer standing outside her car. The defendant's car was obstructing traffic at the time the officer came upon the scene. The officer approached the defendant and asked if it was her car in which the defendant told her "yes". The officer noticed and odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called and made similar observations. The defendant was asked to perform field sobriety tests which she failed. After her arrest for DUI, the defendant blew a .215 in the breath machine.
Result:	On the day of the motion hearing, the STATE DROPPED THE DUI.

Jan 19, 2007	Case: 06-CT-1908-XAM	Judge Barber
Facts:	The defendant was stopped for weaving and almost hitting a curb which was captured on video. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests which were also video taped. After his arrest for DUI, the defendant blew a .195 in the breath machine.
Result:	The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case.

Jan 17, 2007	Case: 05-11405MM10A	Judge Cowart
Facts:	The defendant was stopped for speeding. The officer stated there was a delay in the defendant responding to his police lights. He observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant refused the roadside tests. The defendant was slow and sluggish in answering the officer's questions. He subsequently tested positive for marijuana in a urine test.
Result:	On the morning of jury trial, the STATE DROPPED THE DUI.

Jan 16, 2007	Case: 4673-XAP	Judge Newman
Facts:	The defendant lost control of her vehicle and was involved in an accident. The officers noticed an odor of alcohol, bloodshot eyes and slurred speech. Because of the physical condition of the defendant, a breath test was impractical. The blood test revealed a .186 alcohol level.
Result:	The blood test was excluded and the State dropped the DUI.

Jan 10, 2007	Case: 07-CT-009168-XDK	Judge Rice
Facts:	The defendant was sleeping in a vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and bloodshot eyes. She failed the one leg stand as well as the walk and turn tests. She was arrested for DUI and blew a .163 in the breath machine.
Result:	The State dropped the DUI.

Jan 10, 2007	Case: 07-CT-0289-EZH	Judge Rice
Facts:	The defendant ran a red light causing a traffic crash. The Deputy observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness on his feet. In addition to providing the defendant with field sobriety tests, the deputy also had him blow into a portable breath machine called an alco-sensor. The alco-sensor registered positive for alcohol and the defendant was arrested for DUI. At the police station, the defendant blew a .158 in the breath machine.
Result:	The State dropped the DUI.

Jan 10, 2007	Case: 07-CT-8304-XCF	Judge Rice
Facts:	The defendant was stopped for failing to maintain a single lane 6 times with a quarter of a mile. The officer detected an odor of alcohol and the defendant admitted to drinking 2 beers and taking anxiety medication. The defendant was unsteady on her feet and allegedly failed the field sobriety tests. She was subsequently arrested for DUI. She blew a .113 in the breath machine.
Result:	The State dropped the DUI.

Jan 3, 2007	Case: 06-CT-030599ASB (TRIAL)	Judge Marx
Facts:	The defendant was stopped for crossing over lanes of traffic without signaling, hitting his brakes numerous times, and driving at different speeds. The officer observed an odor of alcohol, thick/slurred speech, and bloodshot eyes. The defendant was also argumentative with the officer. The defendant refused the roadside tests and breath test.
Result:	The defendant was found NOT GUILTY AT TRIAL.

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