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

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321.593.0222
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OUR RECENT VICTORIES

Sep 25, 2009 Case: 08-019731MM10A Judge Cowart
Facts: The defendant was stopped for running a stop sign and failing to yield right of way to a police car. The officer observed an odor of alcohol and requested the defendant to perform field sobriety tests. She performed the one leg stand and was unsteady throughout the exercise. On the walk and turn, she stepped off of the line and counted her steps incorrectly. She was arrested for DUI and blew a .131 in the breath machine.
Result: The Court Granted the motion. The breath test was excluded from evidence.
Sep 25, 2009 Case: 08-019226CF10A Judge Levenson
Facts: The defendant was involved in a front end crash with a tree. An off duty officer ran outside and noticed the defendant behind the wheel with the engine running. He observed signs of intoxication and advised the defendant to remain in his vehicle while the officer retrieved his police radio from his house. The defendant (who lived 5 houses from the officer) left the scene and went home. After getting permission from the defendant's wife to enter the residence, the officers found the defendant buried under his clothing in his closet refusing to get out. Eventually, the defendant was taken outside of the house and he refused all testing. This was a 4TH DUI (felony).
Result: The State dropped the DUI.
Sep 25, 2009 Case: 08-019731MM10A Judge Cowart
Facts: The defendant was stopped for running a stop sign and failing to yield right of way to a police car. The officer observed an odor of alcohol and requested the defendant to perform field sobriety tests. She performed the one leg stand and was unsteady throughout the exercise. On the walk and turn, she stepped off of the line and counted her steps incorrectly. She was arrested for DUI and blew a .131 in the breath machine.
Result: The Court Granted the motion. The breath test was excluded from evidence.
Sep 23, 2009 Case: CT-6801-XAM Judge Courtney
Facts: The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped.
Result: Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI.
Sep 23, 2009 Case: CT-1093-XCM Judge Courtney
Facts: The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Result: The State dropped the DUI.
Sep 23, 2009 Case: CT-6801-XAM Judge Courtney
Facts: The defendant was stopped for crossing over the center line four times and stopping past the stop bar. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She stumbled backwards as she stood outside the car. The defendant refused the roadside tests and was arrested for DUI. The entire incident was video taped.
Result: Prior to filing a motion to dismiss for destruction of evidence (ie. the video tape), the State Dropped the DUI.
Sep 23, 2009 Case: CT-1093-XCM Judge Courtney
Facts: The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He had slow movements and had to be asked things over and over. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Result: The State dropped the DUI.
Sep 15, 2009 Case: CT-2259-XDY Judge Conrad
Facts: The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test.
Result: The State Dropped the DUI.
Sep 15, 2009 Case: CT-2259-XDY Judge Conrad
Facts: The defendant was stopped or speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were video taped. On the walk and turn, the defendant lost his balance during the instructions, stepped off the line, and did not touch heel to toe. On the one leg stand, he put his foot down and swayed. He also did not perform to standards the finger to nose and balance tests according to the officer. He was arrested for DUI and then refused the breath test.
Result: The State Dropped the DUI.
Sep 14, 2009 Case: 7794-XEJ (JURY TRIAL) Judge Bloom
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine.
Result: The Jury found the defendant NOT GUILTY.
Sep 14, 2009 Case: 7794-XEJ (JURY TRIAL) Judge Bloom
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot eyes. He then called for a DUI officer. That officer made similar observations and then asked the defendant to perform the roadside tasks to which the defendant complied. For example, on the walk and turn, he did not touch heel to toe, paused to regain his balance, and started to early. On the one leg stand, he swayed, hopped, and raised his arms for balance. On the estimation of time, he estimated 45 seconds for 30 seconds. After his arrest for DUI, he blew a .091 and .105 in the breath machine.
Result: The Jury found the defendant NOT GUILTY.
Sep 12, 2009 Case: 2009-CT-19218 Judge Drake
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine.
Result: The State Dropped the DUI.
Sep 12, 2009 Case: 2009-CT-19218 Judge Drake
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. Due to the defendant's speed (117 mph), he was ordered at gun point off his motorcycle. The defendant stated he had three drinks. He was arrested for DUI without any roadsides being conducted. He then blew a .102 in the breath machine.
Result: The State Dropped the DUI.
Sep 9, 2009 Case: CT-0531-XCM Judge Courtney
Facts: The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
Result: The State Dropped the DUI.
Sep 9, 2009 Case: CT-0531-XCM Judge Courtney
Facts: The defendant was stopped for running a red light. This was captured on video tape as was the entire incident. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests for the officer as requested. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn, he lost his balance on the turn, took the incorrect number of steps, and failed to maintain his balance during the instructions. He was then arrested for DUI.
Result: The State Dropped the DUI.
Sep 7, 2009 Case: 09-CT-391 Judge Burgess
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
Result: The State Dropped the DUI.
Sep 7, 2009 Case: 09-CT-391 Judge Burgess
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and unsteadiness. While exiting the car, the defendant stated he had two rum drinks. The defendant performed the roadside tasks at the request of the officer. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .178 in the breath machine.
Result: The State Dropped the DUI.
Sep 6, 2009 Case: 48-2007-CT-1332A Judge Clark
Facts: The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
Result: On the morning of trial, the DUI was Dismissed.
Sep 6, 2009 Case: 08-14310MM10A Judge Lazarus
Facts: The defendant was stopped for making an illegal u-turn as well as fishtailing for 5 seconds. The officer observed an odor of alcohol, bloodshot glassy eyes and slurred speech. The defendant stated he had a few drinks and agreed to perform field sobriety tests. He subsequently failed the finger to nose, walk and turn test and the HGN (eye test). He allegedly failed all three and was arrested for DUI. He then blew a .160 in the breathalyzer.
Result: The motion was granted. All of the evidence was thrown out.
Sep 6, 2009 Case: 48-2007-CT-1332A Judge Clark
Facts: The defendant was stopped for weaving and driving up on a curb. The officer noticed an odor of alcohol, the defendant had trouble locating his license, and glassy eyes. The defendant performed the roadside tests. For example, on the walk and turn, he could not hold the instructional stance, stepped off the line, and used his car to regain his balance. After all the roadsides were performed, he was arrested for DUI and then blew .135 in the breath machine.
Result: On the morning of trial, the DUI was Dismissed.

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