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

RESULTS

OUR RECENT VICTORIES

Mar 23, 2006	Case: 05-002270MM10A	Judge Cowart
Facts:	The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI and Open Container charges.

Mar 17, 2006	Case: 05-11672MM10A	Judge Gehl
Facts:	The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI.
Result:	The Motion was granted, the DUI was DISMISSED.

Mar 17, 2006	Case: 412774-X	Judge Mills-Francis
Facts:	The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine.
Result:	The DUI was dismissed.

Mar 10, 2006	Case: 550675-X	Judge Ortiz
Facts:	The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense.
Result:	The DUI was dismissed.

Mar 10, 2006	Case: 06-CT-001228-XCA	Judge Ober
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test.
Result:	The State dropped the DUI.

Mar 8, 2006	Case: 06-3504-MMA	Judge Marblestone
Facts:	The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI.
Result:	The State conceded the motion and DROPPED THE DUI.

Mar 4, 2006	Case: 04-11131MM10A	Judge Gehl
Facts:	The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI.
Result:	After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI.

Mar 2, 2006	Case: 05-025643TCA04	Judge Marx
Facts:	The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine.
Result:	The State dropped the DUI.

Feb 28, 2006	Case: CT-002328-XAM (JURY TRIAL)	Judge Barber
Facts:	An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years.
Result:	On the second day of trial, the State dropped the DUI.

Feb 21, 2006	Case: 05-009515MM10A (JURY TRIAL)	Judge Feiner
Facts:	The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal.
Result:	After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test.

Feb 13, 2006	Case: 04-025307MM10A	Judge Feiner
Facts:	The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI.
Result:	The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense.

Feb 5, 2006	Case: 05-018449MM10A	Judge Feiner
Facts:	The defendant was stopped for weaving on the road. She had an odor of alcohol, bloodshot eyes, slurred speech and was extremely unsteady on her feet. The defendant admitted to taking anxiety medication and appeared confused. The defendant failed field sobriety tests and was arrested for DUI. This was the defendant's 2nd offense for DUI.
Result:	The motion was granted the case was DISMISSED.

Feb 2, 2006	Case: 01-9748MM10A (JURY TRIAL)	Judge Gehl
Facts:	The deputy testified at trial that he stopped the defendant because he exhibited signs of impairment when he saw him 30 minutes prior in a parking lot. After stopping the defendant the deputy testified that he noticed bloodshot eyes, flushed face and an odor of alcohol on his breath. He also testified in trial that the defendant appeared to be unsteady as he walked. On the walk and turn the deputy stated the defendant failed to walk heel to toe throughout the test. On the one leg stand he testified that the defendant kept tapping his foot on the ground and repeating numbers. The defendant was arrested for DUI and blew a .098 in the breath machine. He also refused a urine test.
Result:	The motion was granted. The State appealed, and the judge affirmed the opinion. All charges were DISMISSED.

Jan 31, 2006	Case: 04-003872MM10A (JURY TRIAL)	Judge Lazarus
Facts:	The defendant was stopped for driving 90 mph. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The DUI task force requested the defendant to perform field sobriety tests. On the finger to nose test the defendant failed to touch the tip of his nose and never took his finger off of his face. On the walk and turn the defendant failed to maintain his balance in the heel to toe position. He was unsteady on the turn and used his arms for balance. He was arrested for DUI and blew over the legal limit in the breath machine.
Result:	The Jury found the defendant NOT GUILTY in less than 1 minute.

Jan 31, 2006	Case: 508695-X (JURY TRIAL)	Judge Krieger-Martin
Facts:	The defendant was stopped for running a red light. The officer who stopped the defendant, observed an odor of alcohol, bloodshot eyes, slightly slurred speech, and a sway to his stance.
Result:	The jury found the defendant NOT GUILTY in TEN MINUTES on his THIRD OFFENSE.

Jan 30, 2006	Case: 575287-X	Judge Bloom
Facts:	The defendant was stopped for driving on a blown out shredded flat tire. Once stopped by police, the officers observed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant had to hold on to the car for balance. He performed poorly on roadside tests. Specifically, he failed to touch the tip of his nose on all attempts on the finger to nose exercise. On the walk and turn, he took the incorrect number of steps and stepped off the line throughout the exercise. The defendant was subsequently arrested for DUI.
Result:	On the morning of trial, the State conceded the motion. The State dropped the DUI.

Jan 30, 2006	Case: 04-012837MM10A	Judge Gehl
Facts:	The defendant was stopped for running a red light. The initial officer noticed an odor of alcohol, bloodshot eyes and a flushed face. He then requested a DUI task force member to conduct the investigation. The defendant performed 3 field sobriety tests. On the walk and turn test the defendant repeatedly stumbled off the line. He was subsequently arrested for DUI.
Result:	The State approached the defense and dropped the DUI on the day of trial.

Jan 30, 2006	Case: 550517-X	Judge Bloom
Facts:	The defendant was stopped for turning into an intersection and almost colliding with other traffic. The officers, observed slurred speech, an odor of alcohol, and the defendant stumbled as he exited the car. On the field sobriety exercises, such as the walk and turn, the defendant never touched heel to toe and stepped off the line at least six times. On the one leg stand, the defendant put his foot down four times. After performing the rest of the tests poorly, he was arrested for DUI. The defendant refused the breath test and this was his Second DUI.
Result:	After announcing ready for trial, the State dropped the DUI. The State dropped the DUI.

Jan 27, 2006	Case: 04-20009MM10A	Judge Berman
Facts:	The defendant was stopped for driving at a high rate of speed while squealing his tires. In addition, the defendant made two quick u-turns. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant stated that he had a few beers. Believing that the defendant might be DUI she asked him to perform field sobriety tests. After conducting the finger to nose, walk and turn as well as the one leg stand test, the defendant was arrested for DUI.
Result:	The state conceded the motion and dropped the DUI.

Jan 23, 2006	Case: CT-5666-XAM	Judge Ober
Facts:	The defendant was first seen in the center lane driving through a red light. Next, the defendant swerved to his left side almost colliding with the concrete medium. The defendant was allegedly swerving his vehicle over the next mile. The officer stated that the defendant ran through another light blocking the entire intersection. Upon contact with the driver, the officer stated that he was staggering and swaying as he walked. He also stated that the defendant almost fell over when his keys dropped to the ground. His speech was supposedly slurred and thick. He noticed an odor of alcohol and bloodshot eyes. The officer called for a member of the DUI task force. The task force officer placed the defendant on video and conducted field sobriety tests. The defendant was arrested for DUI and blew a .085 in the breath machine. He also admitted on video to taking Vicodin.
Result:	The State dropped the DUI on the morning of trial.

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