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

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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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239.217.3723
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OUR RECENT VICTORIES

Feb 17, 2009 Case: 9984-XDJ Judge Miranda
Facts: The defendant was stopped for failing to maintain a single lane and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had to use the door for balance upon exiting the car. He performed the walk and turn and one leg stand tests. For example, on the one leg stand, he put his foot down three times and used his arms for balance. On the walk and turn exercise, it was not conducted for the defendant's safety after he kept losing his balance during the instructional phase. He was then arrested for DUI.
Result: After speaking to the officer, the State dropped the DUI.
Feb 9, 2009 Case: CT-1011-XCM Judge Courtney
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was unsteady on his feet. He refused to perform the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Feb 9, 2009 Case: CT-1011-XCM Judge Courtney
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was unsteady on his feet. He refused to perform the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Feb 3, 2009 Case: 2670-XDP Judge Ortiz
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant needed the car to support himself as he exited. He then performed poorly on the roadside tests. For example, on the walk and turn, he took the incorrect number of steps and stepped off the line numerous times. On the one legs stand, he put his foot down and could not make it passed the count of nine without the officer stopping the test. The defendant was arrested for DUI. This was the defendant's second DUI.
Result: The State dropped the DUI.
Feb 3, 2009 Case: 08-010794MM10A Judge Diaz
Facts: The defendant was involved in a traffic crash where she left her lane of travel, drove on a center median, and hit a sign. She continued to drive off after the crash. When the officers caught up to her, she was out of the car. The officers noticed an odor of alcohol, slurred speech, and a flushed face. She was off balance and failed every field sobriety test. She was then arrested for DUI and Leaving the Scene of an Accident (LSA). After her arrest, she blew a .148 in the breath machine.
Result: The State dropped the DUI and dismissed the LSA.
Feb 3, 2009 Case: 2670-XDP Judge Ortiz
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant needed the car to support himself as he exited. He then performed poorly on the roadside tests. For example, on the walk and turn, he took the incorrect number of steps and stepped off the line numerous times. On the one legs stand, he put his foot down and could not make it passed the count of nine without the officer stopping the test. The defendant was arrested for DUI. This was the defendant's second DUI.
Result: The State dropped the DUI.
Feb 3, 2009 Case: 08-010794MM10A Judge Diaz
Facts: The defendant was involved in a traffic crash where she left her lane of travel, drove on a center median, and hit a sign. She continued to drive off after the crash. When the officers caught up to her, she was out of the car. The officers noticed an odor of alcohol, slurred speech, and a flushed face. She was off balance and failed every field sobriety test. She was then arrested for DUI and Leaving the Scene of an Accident (LSA). After her arrest, she blew a .148 in the breath machine.
Result: The State dropped the DUI and dismissed the LSA.
Feb 2, 2009 Case: 08-CT-504431 Judge Hayward, Jr.
Facts: The defendant was stopped by an officer who was patrolling outside his jurisdiction pursuant to written multi-jurisdictional traffic task force guidelines. She was stopped for having a broken front head light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She performed poorly on roadside tasks. For example, on the HGN (eye test), she had an angle of onset before 45 degrees and lack of smooth pursuit in both eyes. On the walk and turn, she did not touch heel to toe and was confused by the various instructions. On the one leg stand test, she swayed put her foot down two times. After her arrest for DUI, she admitted to feeling under the influence of alcohol and then blew a .176 in the breath machine.
Result: Prior to the motion, the State dropped the DUI.
Feb 2, 2009 Case: 08-CT-504431 Judge Hayward, Jr.
Facts: The defendant was stopped by an officer who was patrolling outside his jurisdiction pursuant to written multi-jurisdictional traffic task force guidelines. She was stopped for having a broken front head light. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She performed poorly on roadside tasks. For example, on the HGN (eye test), she had an angle of onset before 45 degrees and lack of smooth pursuit in both eyes. On the walk and turn, she did not touch heel to toe and was confused by the various instructions. On the one leg stand test, she swayed put her foot down two times. After her arrest for DUI, she admitted to feeling under the influence of alcohol and then blew a .176 in the breath machine.
Result: Prior to the motion, the State dropped the DUI.
Jan 30, 2009 Case: 2008-CT-001125AXX Judge Cohen
Facts: The defendant crashed through a guard gate. Upon the officer's arrival, he observed an odor of alcohol and bloodshot eyes. The defendant was injured and taken to the hospital after being extracted from the car by fire rescue. At the hospital, the officer requested blood be drawn because a breath test was impossible. The lab results revealed blood alcohol results of .089 and .090. After the blood results were obtained, the defendant was arrested for DUI.
Result: The State dropped the DUI.
Jan 30, 2009 Case: 2008-CT-001125AXX Judge Cohen
Facts: The defendant crashed through a guard gate. Upon the officer's arrival, he observed an odor of alcohol and bloodshot eyes. The defendant was injured and taken to the hospital after being extracted from the car by fire rescue. At the hospital, the officer requested blood be drawn because a breath test was impossible. The lab results revealed blood alcohol results of .089 and .090. After the blood results were obtained, the defendant was arrested for DUI.
Result: The State dropped the DUI.
Jan 27, 2009 Case: 08-CT-506341 Judge Adams
Facts: The defendant was stopped for weaving and drifting several times. The officer noticed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant staggered once out of the car. She performed the HGN (eye test), walk and turn, and one leg stand tests. According to the officer, she performed poorly and was arrested for DUI. For example, on the walk and turn, she used her arms for balance and did not touch heel to toe. On the one leg stand, she put her foot down every five seconds. She later refused the breath test. None of the exercises were video taped.
Result: The State dropped the DUI.
Jan 27, 2009 Case: 08-CT-506341 Judge Adams
Facts: The defendant was stopped for weaving and drifting several times. The officer noticed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant staggered once out of the car. She performed the HGN (eye test), walk and turn, and one leg stand tests. According to the officer, she performed poorly and was arrested for DUI. For example, on the walk and turn, she used her arms for balance and did not touch heel to toe. On the one leg stand, she put her foot down every five seconds. She later refused the breath test. None of the exercises were video taped.
Result: The State dropped the DUI.
Jan 22, 2009 Case: CT-0363-XCO Judge Thomas
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, balance problems, and slurred speech. The defendant performed roadside tasks which were captured on video tape. For example, on the walk and turn, the defendant stepped off the line, used his arms for balance, and turned incorrectly. On the one leg stand test, he swayed and put his foot down. After his arrest for DUI, the defendant blew a .091 and .090 in the breath machine.
Result: The State dropped the DUI.
Jan 22, 2009 Case: CT-0363-XCO Judge Thomas
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, balance problems, and slurred speech. The defendant performed roadside tasks which were captured on video tape. For example, on the walk and turn, the defendant stepped off the line, used his arms for balance, and turned incorrectly. On the one leg stand test, he swayed and put his foot down. After his arrest for DUI, the defendant blew a .091 and .090 in the breath machine.
Result: The State dropped the DUI.
Jan 21, 2009 Case: 31-2008-MM-002376-A (JURY TRIAL) Judge Wild
Facts: The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka.
Result: The Jury found the defendant NOT GUILTY.
Jan 21, 2009 Case: 08-CT6410 Judge Epperson
Facts: The defendant was stopped while driving through a DUI sobriety checkpoint. The officer observed glossy red eyes, an odor of alcohol and slurred speech. The defendant was then asked to step out of his vehicle. The officer stated that he stumbled and swayed from side to side. The defendant agreed to perform field sobriety tests. On the HGN (eye test), the officer observed dilated eyes and lack of smooth pursuit. On the walk and turn test the officer stated that the defendant failed to touch heel to toe and stepped off the line. On the one leg stand he lost his balance and dropped his foot. On the finger to nose he failed to touch his finger to the tip of his nose. The tests were all captured on video.
Result: The Court Granted the motion, and all of the evidence was thrown out. The DUI was dismissed.
Jan 21, 2009 Case: 31-2008-MM-002376-A (JURY TRIAL) Judge Wild
Facts: The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka.
Result: The Jury found the defendant NOT GUILTY.
Jan 21, 2009 Case: 08-CT6410 Judge Epperson
Facts: The defendant was stopped while driving through a DUI sobriety checkpoint. The officer observed glossy red eyes, an odor of alcohol and slurred speech. The defendant was then asked to step out of his vehicle. The officer stated that he stumbled and swayed from side to side. The defendant agreed to perform field sobriety tests. On the HGN (eye test), the officer observed dilated eyes and lack of smooth pursuit. On the walk and turn test the officer stated that the defendant failed to touch heel to toe and stepped off the line. On the one leg stand he lost his balance and dropped his foot. On the finger to nose he failed to touch his finger to the tip of his nose. The tests were all captured on video.
Result: The Court Granted the motion, and all of the evidence was thrown out. The DUI was dismissed.
Jan 20, 2009 Case: CT-008747-XAM Judge Conrad
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, difficulty following directions, bloodshot eyes, and swaying. The defendant only performed the walk and turn exercise. On that exercise, he stepped off the line, took the incorrect number of steps, and used his arms for balance according to the officer's reports. He was then arrested for DUI and refused the breath test.
Result: The State dismissed the DUI.

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