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

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321.593.0222
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Free Consultations
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OUR RECENT VICTORIES

Nov 18, 2009 Case: CT-003142-FTB Judge Dominguez
Facts: The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI.
Result: The DUI was Dismissed.
Nov 13, 2009 Case: CT-006378-XAM Judge Lefler
Facts: The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine.
Result: The State Dropped the DUI.
Nov 13, 2009 Case: CT-006378-XAM Judge Lefler
Facts: The defendant was stopped for going 90 miles per hour in a 45 mile per hour zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant admitted to drinking two beers and a shot. He was arrested for DUI and subsequently blew a .126 and .121 in the breath machine.
Result: The State Dropped the DUI.
Nov 9, 2009 Case: 08-014310MM10A Judge Lazarus
Facts: The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine.
Result: The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI.
Nov 9, 2009 Case: 08-014310MM10A Judge Lazarus
Facts: The defendant was stopped for making an illegal u-turn. The officer observed an odor of alcohol, slurred speech, and the defendant stated he had a few drinks. The defendant performed very poorly on the roadside tests almost falling down. He was then arrested for DUI and subsequently blew a .160 and .149 in the breath machine.
Result: The Judge granted the motion and threw out all of the evidence. The State then Dismissed the DUI.
Nov 6, 2009 Case: 08-7749MM10A Judge Cowart
Facts: The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene.
Result: The State dropped the DUI.
Nov 6, 2009 Case: 08-012530MM10A Judge Ireland
Facts: The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital.
Result: On the day of the motion hearing, the State Dropped the DUI.
Nov 6, 2009 Case: 08-7749MM10A Judge Cowart
Facts: The defendant was sleeping inside a vehicle in the middle of the road. The light cycled several times and the officers approached the car in an effort to wake up the driver. The officers observed an odor of alcohol, bloodshot eyes and slurred speech. On scene, the defendant performed the field sobriety tests, but they were not on video. After performing the one leg stand and walk and turn test she was arrested for DUI. At the jail, she performed the tests. There was a slight discrepancy between the video and the performance at the roadside scene.
Result: The State dropped the DUI.
Nov 6, 2009 Case: 08-012530MM10A Judge Ireland
Facts: The defendant was found passed out in her car by police. EMS had to wake her up. The officers observed an odor of alcohol and vomit on her front passenger seat. She also stated she drank two shots of bourbon. She was transported to the hospital for clearance. She performed the field sobriety tests at the hospital which she failed all of them. For example, on the walk and turn, she took 24 steps up the line and 23 back instead of the required 9 steps. She also stepped off the line and lost her balance. She subsequently refused the breath test after being released from the hospital.
Result: On the day of the motion hearing, the State Dropped the DUI.
Nov 3, 2009 Case: 2008-CT-029025AXX Judge Marx
Facts: The defendant was involved in a crash in which he rear ended another car. The officer observed an odor of alcohol, slurred/slow speech, and the defendant had a hard time keeping his balance. The defendant refused the roadside tests and the breath test.
Result: The State dropped the DUI.
Nov 3, 2009 Case: 2008-CT-029025AXX Judge Marx
Facts: The defendant was involved in a crash in which he rear ended another car. The officer observed an odor of alcohol, slurred/slow speech, and the defendant had a hard time keeping his balance. The defendant refused the roadside tests and the breath test.
Result: The State dropped the DUI.
Oct 29, 2009 Case: 08-019731MM10A Judge Cowart
Facts: The defendant failed to stop at a stop sign and almost collided with a police officer. The officer observed a strong odor of alcohol and the defendant was asked to exit the car. The defendant told the officer that she had a long island ice tea and the officer would be sorry. The defendant performed a series of field sobriety tests. On the walk and turn test she counted improperly and failed to stay on the line during the heel to toe portion of the test. On the one leg stand test she complained that her hip was hurting and it was discontinued. The defendant was arrested for DUI and blew a .131 in the breath machine.
Result: The Judge agreed and threw out the breath test. The State subsequently dropped the DUI.
Oct 29, 2009 Case: 08-019731MM10A Judge Cowart
Facts: The defendant failed to stop at a stop sign and almost collided with a police officer. The officer observed a strong odor of alcohol and the defendant was asked to exit the car. The defendant told the officer that she had a long island ice tea and the officer would be sorry. The defendant performed a series of field sobriety tests. On the walk and turn test she counted improperly and failed to stay on the line during the heel to toe portion of the test. On the one leg stand test she complained that her hip was hurting and it was discontinued. The defendant was arrested for DUI and blew a .131 in the breath machine.
Result: The Judge agreed and threw out the breath test. The State subsequently dropped the DUI.
Oct 23, 2009 Case: 07-027271MM10A Judge Robinson
Facts: The defendant was stopped while driving through a multi-jurisdictional DUI checkpoint. The initial officer who made contact with her observed a strong odor of alcohol and glassy bloodshot eyes. The DUI officer also noticed a flushed face as well as slurred speech. She then admitted that she was at a club and had three drinks. She performed three field sobriety tests. On the HGN (eye test), the officer observed jerking in the defendant's eyes. On the one leg stand, the defendant placed her foot down four different times. On the walk and turn test the defendant failed to walk heel to toe in a straight line. The defendant was arrested for DUI and blew a .083 in the breath machine.
Result: The motion was granted and all of the evidence was thrown out. The State took an appeal. The appeal was subsequently dismissed and the DUI was dismissed.
Oct 23, 2009 Case: 07-027271MM10A Judge Robinson
Facts: The defendant was stopped while driving through a multi-jurisdictional DUI checkpoint. The initial officer who made contact with her observed a strong odor of alcohol and glassy bloodshot eyes. The DUI officer also noticed a flushed face as well as slurred speech. She then admitted that she was at a club and had three drinks. She performed three field sobriety tests. On the HGN (eye test), the officer observed jerking in the defendant's eyes. On the one leg stand, the defendant placed her foot down four different times. On the walk and turn test the defendant failed to walk heel to toe in a straight line. The defendant was arrested for DUI and blew a .083 in the breath machine.
Result: The motion was granted and all of the evidence was thrown out. The State took an appeal. The appeal was subsequently dismissed and the DUI was dismissed.
Oct 22, 2009 Case: 2009-06705MMAWS Judge Marshall
Facts: The defendant was stopped for driving to slow and swerving. The officer observed an odor of alcohol and he fumbled with his paperwork. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, he put his foot down, swayed, and used his arms for balance. On the walk and turn, he paused to regain his balance, took the incorrect number of steps, and stepped off the line. He was then arrested for DUI.
Result: The State Dropped the DUI.
Oct 22, 2009 Case: 09-MM-450 Judge Green
Facts: The defendant was involved in a one car traffic crash. The car became airborne and struck several trees. The defendant was ejected from the car and the other two people in the car were outside the car when paramedics arrived. They, as well as the defendant, were transported to the hospital. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He admitted drinking while playing golf. Blood was drawn from the defendant which revealed a blood alcohol level of .21.
Result: The DUI was Dismissed.
Oct 22, 2009 Case: 2009-06705MMAWS Judge Marshall
Facts: The defendant was stopped for driving to slow and swerving. The officer observed an odor of alcohol and he fumbled with his paperwork. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, he put his foot down, swayed, and used his arms for balance. On the walk and turn, he paused to regain his balance, took the incorrect number of steps, and stepped off the line. He was then arrested for DUI.
Result: The State Dropped the DUI.
Oct 22, 2009 Case: 09-MM-450 Judge Green
Facts: The defendant was involved in a one car traffic crash. The car became airborne and struck several trees. The defendant was ejected from the car and the other two people in the car were outside the car when paramedics arrived. They, as well as the defendant, were transported to the hospital. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. He admitted drinking while playing golf. Blood was drawn from the defendant which revealed a blood alcohol level of .21.
Result: The DUI was Dismissed.
Oct 21, 2009 Case: 2009-CM-003275 Judge Lefler
Facts: The defendant was stopped after almost nearly colliding with the center median. The officer observed an odor of alcohol and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 in the breath machine.
Result: Prior to the motion hearing, the State dropped the DUI.

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