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

OUR RECENT VICTORIES

Apr 24, 2009 Case: 08-025744MM10A Judge Ross
Facts: The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test.
Result: The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote.
Apr 23, 2009 Case: 98-033226MM10A Judge Diaz
Facts: The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine.
Result: The State dropped the DUI.
Apr 23, 2009 Case: 98-033226MM10A Judge Diaz
Facts: The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine.
Result: The State dropped the DUI.
Apr 22, 2009 Case: 08-007523MM10A Judge Gehl
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test.
Result: The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired."
Apr 22, 2009 Case: 08-007523MM10A Judge Gehl
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test.
Result: The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired."
Apr 20, 2009 Case: 2571-XDP Judge Bloom
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI.
Result: The State dropped the DUI.
Apr 20, 2009 Case: 0067-XDK Judge Seraphin
Facts: The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test.
Result: The State read the sworn deposition on the morning of trial and then Dismissed the DUI.
Apr 20, 2009 Case: 2571-XDP Judge Bloom
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI.
Result: The State dropped the DUI.
Apr 20, 2009 Case: 0067-XDK Judge Seraphin
Facts: The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test.
Result: The State read the sworn deposition on the morning of trial and then Dismissed the DUI.
Apr 14, 2009 Case: 08-CT-509074 Judge Adams
Facts: The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
Result: Prior to trial, the State agreed and dropped the DUI.
Apr 14, 2009 Case: 08-6648MM10A Judge Cowart
Facts: The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine.
Result: The State dismissed the DUI prior to the motion being heard.
Apr 14, 2009 Case: 08-017281MM10A Judge Cowart
Facts: The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI.
Result: The DUI was dismissed.
Apr 14, 2009 Case: 08-CT-509074 Judge Adams
Facts: The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test.
Result: Prior to trial, the State agreed and dropped the DUI.
Apr 14, 2009 Case: 08-6648MM10A Judge Cowart
Facts: The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine.
Result: The State dismissed the DUI prior to the motion being heard.
Apr 14, 2009 Case: 08-017281MM10A Judge Cowart
Facts: The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI.
Result: The DUI was dismissed.
Apr 13, 2009 Case: 3959-XDK Judge Miranda
Facts: The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit).
Result: The DUI was Dismissed on speedy trial grounds.
Apr 13, 2009 Case: 9003-XEJ Judge Krieger-Martin
Facts: The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test.
Result: The State dropped the DUI.
Apr 13, 2009 Case: 3959-XDK Judge Miranda
Facts: The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit).
Result: The DUI was Dismissed on speedy trial grounds.
Apr 13, 2009 Case: 9003-XEJ Judge Krieger-Martin
Facts: The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test.
Result: The State dropped the DUI.
Apr 11, 2009 Case: 09-CT-014423AXX Judge Bonavita
Facts: The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI.
Result: Moments before picking a jury, the State Dropped the DUI.

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