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

OUR RECENT DUI VICTORIES

The following is a list of the firm’s most recent DUI wins. Parks & Braxton provides the case number, the judge’s name, as well as the date the DUI was won for authenticity purposes.

Feb 13, 2007	Case: 04-20289CF10A (JURY TRIAL)	Judge M. Kaplan
Facts:	The defendant was involved in a rear end crash. When the first officer arrived on scene he observed a strong odor of alcohol, bloodshot eyes and extremely slurred and mumbled speech. In addition, he noticed that the defendant was having a difficult time standing up and walking without stumbling. After making these observations he called for a DUI task force officer. The task force officer observed all of the same signs and then conducted field sobriety tests. He stated that after failing each field sobriety test, including the one leg stand, finger to nose and rhomberg balance test, the defendant was arrested and charged with a Felony DUI 4th offense, and 2 counts of DUI causing injury and/or property damage.
Result:	The Jury found the defendant NOT GUILTY ON ALL CHARGES.

Feb 10, 2007	Case: 07-006668-CT	Judge Duryea
Facts:	The defendant was involved in a traffic crash whereby he hit a power pole. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having five drinks. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He blew a .148 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Feb 10, 2007	Case: 2007-CT-1885	Judge Tanner
Facts:	The defendant was stopped for attempting to drive into a U.S. Naval Base. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 4 beers. The defendant allegedly failed field sobriety tests and was asked to provide a breath test. He subsequently blew a .108 in the breath machine.
Result:	The State dropped the DUI.

Feb 10, 2007	Case: 07-006668-CT	Judge Duryea
Facts:	The defendant was involved in a traffic crash whereby he hit a power pole. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having five drinks. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He blew a .148 in the breath machine after his arrest for DUI.
Result:	The State dropped the DUI.

Feb 10, 2007	Case: 2007-CT-1885	Judge Tanner
Facts:	The defendant was stopped for attempting to drive into a U.S. Naval Base. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 4 beers. The defendant allegedly failed field sobriety tests and was asked to provide a breath test. He subsequently blew a .108 in the breath machine.
Result:	The State dropped the DUI.

Feb 7, 2007	Case: 03-030181MM10A	Judge Robinson
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine.
Result:	The motion was granted and the DUI was dropped.

Feb 7, 2007	Case: 07-001536MM10A	Judge Ross
Facts:	The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI.
Result:	Rather than put the officer on the stand, the state dropped the DUI.

Feb 7, 2007	Case: 05-024487MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped at a DUI checkpoint. The officer observed swaying, slurred speech and dilated eyes. The defendant failed each sobriety test and was arrested for DUI. The defendant gave a urine sample which revealed several controlled substances in his system.
Result:	The motion was granted and the DUI was dismissed.

Feb 7, 2007	Case: 06-014831MM10A	Judge Ireland
Facts:	The defendant was stopped for speeding as well as weaving on the roadway. The trooper observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant admitted to drinking four "jack and cokes." Prior to performing the sobriety tests, the trooper said the defendant was swaying from side to side. On video the defendant was unsteady on both the walk and turn and the one leg stand test. He was arrested for DUI and blew a .081 in the breath machine.
Result:	The State dropped the DUI.

Feb 7, 2007	Case: 03-030181MM10A	Judge Robinson
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. On the walk and turn test the defendant took too many steps and had to catch himself from falling. On the finger to nose test he missed his nose four out of six times. He was arrested for DUI and blew a .118 in the breath machine.
Result:	The motion was granted and the DUI was dropped.

Feb 7, 2007	Case: 07-001536MM10A	Judge Ross
Facts:	The defendant was stopped for driving off of the roadway four times. The officer observed a strong odor of alcohol and bloodshot eyes. When he exited the vehicle, he was unsteady on his feet swaying side to side. On the walk and turn test he stepped off the line and failed to touch heel to toe. On the finger to nose test he wobbled and failed to touch his nose at all. On the one leg stand, he put his foot down during the test. He was arrested for DUI.
Result:	Rather than put the officer on the stand, the state dropped the DUI.

Feb 7, 2007	Case: 05-024487MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped at a DUI checkpoint. The officer observed swaying, slurred speech and dilated eyes. The defendant failed each sobriety test and was arrested for DUI. The defendant gave a urine sample which revealed several controlled substances in his system.
Result:	The motion was granted and the DUI was dismissed.

Feb 7, 2007	Case: 06-014831MM10A	Judge Ireland
Facts:	The defendant was stopped for speeding as well as weaving on the roadway. The trooper observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant admitted to drinking four "jack and cokes." Prior to performing the sobriety tests, the trooper said the defendant was swaying from side to side. On video the defendant was unsteady on both the walk and turn and the one leg stand test. He was arrested for DUI and blew a .081 in the breath machine.
Result:	The State dropped the DUI.

Feb 4, 2007	Case: 04-008314MM10A	Judge Diaz
Facts:	The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine.
Result:	The motion to exclude the breath test was granted and the State dropped the DUI.

Feb 4, 2007	Case: 377205-W	Judge Newman
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine.
Result:	ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI.

Feb 4, 2007	Case: 188014-J	Judge Arzola
Facts:	The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Feb 4, 2007	Case: 04-008314MM10A	Judge Diaz
Facts:	The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, and that he was sweating profusely. The defendant fumbled through his paperwork and had difficulty providing his license and registration. The officer then called for a DUI task force deputy. The deputy had the defendant perform the one leg stand, walk and turn test and arrested him for DUI. He subsequently blew a .151 in the breath machine.
Result:	The motion to exclude the breath test was granted and the State dropped the DUI.

Feb 4, 2007	Case: 377205-W	Judge Newman
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and staggering. A DUI officer was called to the scene to conduct field sobriety exercises. The defendant stated to the DUI officer "he had 6-7 beers, probably too much, but he was okay." The defendant started doing the tests but stopped stating he could not do them. After his arrest for DUI, he blew a .220 in the breath machine.
Result:	ON THE MORNING OF TRIAL, THE STATE CONCEDED THE MOTION AND DROPPED THE DUI.

Feb 4, 2007	Case: 188014-J	Judge Arzola
Facts:	The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test.
Result:	The State dropped the DUI.

Jan 30, 2007	Case: 05-016533MM10A (JURY TRIAL)	Judge Lerner-Wren
Facts:	The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids.
Result:	The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers.

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