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

OUR RECENT VICTORIES

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 3, 2009 Case: 1588-XED Judge Seraphin
Facts: The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
Result: The State dropped the DUI.
Sep 3, 2009 Case: 1588-XED Judge Seraphin
Facts: The defendant was involved in a crash in which the person that hit her left the scene. When the police arrived, they noticed the defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .190 and a .168 in the breath machine.
Result: The State dropped the DUI.
Sep 2, 2009 Case: 8662-XCM Judge Newman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
Result: On the morning of trial, the DUI was dismissed.
Sep 2, 2009 Case: 8662-XCM Judge Newman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. On the walk and turn, she did not touch heel to toe and turned incorrectly. On the one leg stand test, she put her foot down four times. On the balance exercise, she estimated 10 seconds for 30 seconds. She was then arrested for DUI.
Result: On the morning of trial, the DUI was dismissed.
Sep 1, 2009 Case: 07-019193MM10A Judge Lerner-Wren
Facts: The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
Result: The DUI was dismissed.
Sep 1, 2009 Case: 2008CT026134AXX Judge Keyser
Facts: The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
Result: After the State read the deposition of the officer and the motion, the DUI was dismissed.
Sep 1, 2009 Case: 07-019193MM10A Judge Lerner-Wren
Facts: The defendant was stopped for speeding and making a wide right turn. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. A can and bottle of beer were found in the defendant's car. The defendant further admitted to taking the pain medication Percocet. The defendant submitted to field sobriety tests at the request of the officer. For example, on the walk and turn test, she lost her balance during the instructions, raised her arms for balance, and did not touch heel to toe. On the finger to nose, she missed the tip of her nose, did not keep her eyes closed, and swayed.She was arrested for DUI.
Result: The DUI was dismissed.
Sep 1, 2009 Case: 2008CT026134AXX Judge Keyser
Facts: The defendant was stopped by the police as he was driving slowly through a residential neighborhood stopping at different houses. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having 4-5 drinks. When he exited the car, he was off balance. The defendant refused all further DUI testing. This was his second DUI.
Result: After the State read the deposition of the officer and the motion, the DUI was dismissed.
Aug 24, 2009 Case: 2009-CT-006143AXXX Judge Derke
Facts: The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Result: Prior to trial, the State Dropped the DUI.
Aug 24, 2009 Case: 2009-CT-006143AXXX Judge Derke
Facts: The officer stopped the defendant after receiving a call about a disturbance in a lounge. The officer previously observed the defendant staggering to his car. After the stop, the officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused the roadsides and was arrested for DUI. This was the defendant's Third DUI offense.
Result: Prior to trial, the State Dropped the DUI.
Aug 19, 2009 Case: CT-3325-XCO Judge McNeil
Facts: The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
Result: The State Dropped the DUI.
Aug 19, 2009 Case: CT-3325-XCO Judge McNeil
Facts: The defendant was stopped for speeding and drifting in and out of his lane of travel. The officer observed an odor of alcohol, watery eyes, and he fumbled with his driver's license. Upon exiting the car, he was unsteady on his feet. He performed the roadside tests at the request of the officer. For example, on the walk and turn, he did not touch heel to toe, stepped off the line, and turned incorrectly. On the one leg stand, he swayed and used his arms for balance. The entire incident at the scene was video taped. The defendant was subsequently arrested for DUI and this was his second DUI.
Result: The State Dropped the DUI.
Aug 17, 2009 Case: 9374-XEC Judge Fernandez
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI on the morning of trial.
Aug 17, 2009 Case: 9374-XEC Judge Fernandez
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. An open beer can was found in the car. The defendant performed the field sobriety tests as requested. For example, on the walk and turn, he stepped off the line and failed to touch heel to toe. On the one leg stand, he put his foot down, raised his arms, and swayed. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI on the morning of trial.
Aug 6, 2009 Case: 341771-W Judge Fernandez
Facts: The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
Result: The DUI was Dismissed.
Aug 6, 2009 Case: 6997-XDG Judge Fernandez
Facts: The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
Result: The State dropped the DUI.
Aug 6, 2009 Case: CT-8314-XAM Judge Lefler
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, glassy eyes, and she appeared disoriented. She performed the field sobriety tests at the request of the officer which were video taped. According to the officer, she failed and was arrested for DUI. After her arrest, she blew a .087 in the breath machine.
Result: The State Dropped the DUI.
Aug 6, 2009 Case: 341771-W Judge Fernandez
Facts: The defendant was stopped for speeding. The officers observed an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance getting out of the car. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. For example, on the one leg stand, he put his foot down, swayed, and raised his arms. On the finger to nose, he never touched his nose. After his arrest, he refused the breath test.
Result: The DUI was Dismissed.
Aug 6, 2009 Case: 6997-XDG Judge Fernandez
Facts: The defendant was involved in a crash in which she failed to yield. The officers observed an odor of alcohol, slurred speech, and watery eyes. Every roadside test was stopped for her safety because she was so off balance and almost falling down. After her arrest for DUI, she blew a .212 in the breath machine.
Result: The State dropped the DUI.

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