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

ALSO SERVING ST. JOHNS, CLAY, FLAGLER, NASSAU COUNTIES
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ALSO SERVING ST. JOHNS, CLAY, FLAGLER, NASSAU COUNTIES
904.450.5220
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RESULTS

OUR RECENT VICTORIES

May 3, 2007 Case: 403753-X Judge Krieger-Martin
Facts: The defendant was involved in a rear-end traffic crash. The officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests. For example, the defendant stepped off the line five times on the walk and turn, nearly fell on the one leg stand, and could not touch the tip of his nose on the finger to nose any of the six times. After his arrest for DUI, the defendant blew a .160 in the breath machine.
Result: On the morning of Jury Trial, the STATE DISMISSED THE DUI.
May 3, 2007 Case: 489993-X Judge Newman
Facts: The defendant was stopped for violating the State's "Move Over Law." Once stopped, the officer observed an odor of alcohol, slurred speech and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .145 in the breath machine after his arrest for DUI.
Result: The Judge GRANTED THE MOTION TO SUPPRESS AN THREW OUT ALL THE EVIDENCE. The State dropped the DUI.
May 3, 2007 Case: 376733-W Judge Krieger-Martin
Facts: The defendant was stopped for weaving and driving to closely to a City of Miami Police Car. Once stopped the defendant became aggressive and the Miami cop handcuffed him and placed him in the back of a patrol car. A Metro Dade DUI officer was called who observed an odor of alcohol and slurred speech. The defendant performed poorly on roadside tests and blew a .154 in the breath machine. The defendant also admitted smoking pot and drinking five beers.
Result: On the morning of trial, the STATE CONCEDED THE MOTION AND DROPPED THE DUI.
May 3, 2007 Case: 0925-XDK Judge Newman
Facts: The defendant was stopped for driving without headlights. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant swayed while outside the car and a DUI officer was called to do roadside tests. The defendant performed the balance exercise in which he estimated 20 seconds for 30 seconds. He then refused further field sobriety testing, and refused breath test after his arrest for DUI.
Result: The State dropped the DUI.
May 3, 2007 Case: 285984-X Judge Krieger-Martin
Facts: The defendant was involved in a traffic crash in which she hit a guardrail. When the officer arrived, she was talking on a cell phone outside the car. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer and blew a .130 in the breath machine.
Result: The DUI was dismissed.
May 2, 2007 Case: 05-014812MM10A (JURY TRIAL) Judge Diaz
Facts: The defendant was stopped for driving over a sidewalk and a curb. The defendant also drove on the wrong side of the road. The stopping officer observed an odor of alcohol, slurred speech and red eyes. A DUI unit was called who made similar observations. Further, the defendant almost fell in getting out of his car. He admitted to drinking two beers and refused to perform roadside tasks and the breath test.
Result: THE STATE DROPPED THE DUI IN THE MIDDLE OF TRIAL.
May 2, 2007 Case: 129412-J Judge Arzola
Facts: The defendant was stopped for weaving. Once the defendant was stopped, he allegedly used the car for balance. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests and blew a .10 in the breath machine.
Result: THE DUI WAS DISMISSED ON STATUTE OF LIMITATIONS GROUNDS.
May 2, 2007 Case: 377385-W Judge Arzola
Facts: The defendant was stopped for almost striking the shoulder and weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to feeling buzzed, drinking long island iced teas, and feeling the effects of the alcohol at the time of driving. The defendant failed all the roadside tests and blew a .157 in the breath machine after her arrest for DUI.
Result: The State dropped the DUI.
Apr 30, 2007 Case: 4034-XDK Judge Ortiz
Facts: The defendant was stopped for speeding and weaving. The officers observed an odor of alcohol, slurred speech, and bloodshot-eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, he lost his balance during the instructions, did not touch heel to toe, and took the incorrect number of steps up and down the line. On the one leg stand, he put his foot down several times and used his arms for balance. The defendant blew a .198 in the breath machine.
Result: The State dropped the DUI.
Apr 25, 2007 Case: 2006-CF-026464 Judge Wolfe
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and swaying. He refused the roadside tests and the breath test. After his arrest, the officers found percocet pills in the car. The defendant was charged with DUI and Felony Possession of a Controlled Substance.
Result: The State DISMISSED the felony charge and they also DROPPED the DUI charge. The defendant received no convictions on his record.
Apr 23, 2007 Case: 489636-X Judge Bloom
Facts: The defendant was stopped by police after he allegedly hit a parked car and then left the scene. The officers observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tasks. For example on the walk and turn test, he stepped off the line, did not touch heel to toe numerous times, and took the incorrect number of steps. On the one leg stand, the defendant put his foot down more than once and used his arms for balance. He refused the breath test after the arrest for DUI. The defendant was also charged with leaving the scene of an accident.
Result: The State dropped the DUI.
Apr 17, 2007 Case: 05-10709MM10A (JURY TRIAL) Judge Cowart
Facts: The defendant was stopped for driving too slow, weaving numerous times, and hitting his brakes for no reason. The officer had to put his lights and sirens to get the defendant's attention to stop his vehicle. Once stopped, the officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant could not find his driver's license or registration when asked by the officer. He performed poorly on roadside tasks. For example, on the walk and turn, he fell off the line at least four times, did not touch heel to toe, and took the incorrect number of steps up and down the line. Furthermore, on the finger nose test, he missed the tip of his nose on almost every attempt. After his arrest for DUI, he refused the breath test. This was the defendant's second offense within one year of his last DUI. The whole incident, including the driving pattern, was captured on videotape.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 16, 2007 Case: 05-024487MM10A Judge Lerner-Wren
Facts: The defendant was stopped while driving through a DUI checkpoint. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Another officer conducted the field sobriety tests and noticed the following. On the one leg stand he placed his foot down and swayed during the exercise. On the walk and turn test he failed to walk heel to toe and stepped off the line several times. On the finger to nose he failed to touch his nose on three of the attempts. He was arrested and provided a urine sample. The toxicology report showed marijuana, valium and hydrocodone.
Result: The motion was Granted and all of the evidence was thrown out.
Apr 16, 2007 Case: 06-CT-033286ASB (JURY TRIAL) Judge Cohen
Facts: The defendant came into contact with police while she was stopped in a turning lane with a flat tire and broken rim. The officer observed an odor of alcohol, slurred/mumbled speech, and blood-shot eyes. The defendant admitted to having three drinks and exhibited several mood swings throughout the night. According to the officer, she performed poorly on field sobriety tasks. For example, she stated the alphabet wrong on two occasions and on the one leg stand almost fell backwards. Also, on the walk and turn, the defendant stepped off the line, didn't touch heel to toe and on the finger to nose test she did not touch the tip of her nose. After her arrest for DUI, she refused the breath test.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY IN FIFTEEN MINUTES.
Apr 12, 2007 Case: 07-CT-002843-XCM Judge Conrad
Facts: The defendant was stopped by police after driving off the roadway, hitting a bus stop bench and sign, and also observed leaving the scene of the crash. When the officer finally stopped him, he observed an odor of alcohol, bloodshot eyes, and the defendant told him that he lost traction and was showing off. The defendant was asked to perform roadside tasks. For example, on the walk and turn test, he did not touch heel to toe, lost his balance on the turn, and took the incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI and refused the breath test. The defendant was also charged with Leaving the Scene of an Accident Involving Property Damage.
Result: THE STATE DROPPED THE DUI. Also, the defendant received NO CONVICTION and NO POINTS on the Leaving the Scene Charge.
Apr 10, 2007 Case: CT-O70175503 Judge Christensen
Facts: The defendant was stopped for swerving all over the road and almost striking another car. The officer observed an odor of alcohol, slurred speech, and slow reactions. The defendant was very unsteady prior to roadside tasks. He performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test.
Result: The State dropped the DUI.
Apr 9, 2007 Case: 1523-XDK Judge Lindsey
Facts: The defendant was stopped for driving too slow and allegedly backing up traffic. An officer stopped the defendant and observed an odor of alcohol, slurred speech, and watery eyes. A DUI officer was called to the scene and made similar observations, along with the fact that the defendant stated he had six beers. The defendant performed roadside tasks at the DUI officer's request. The walk and turn and one leg stand tests were not conducted due to the defendant's weight. The only tests that were done were the HGN (eye tests) and balance exercise. On the balance test, the defendant swayed and estimated 1:28 minutes for 30 seconds. He was arrested for DUI and refused the breath test.
Result: On the morning of trial, the STATE DROPPED THE DUI.
Apr 9, 2007 Case: 3045-XDH Judge Ortiz
Facts: The defendant was stopped by police after being flagged down by a security guard who claimed the defendant drove through a security gate. The officer observed the defendant use the car for balance, an odor of alcohol, and slurred speech. The defendant performed poorly on roadside tasks according to the officer. For example, on the walk an turn test, the defendant raised his arms for balance, took and incorrect number of steps and did not touch heel to toe. On the one leg stand test, the defendant put his foot down and swayed. The defendant was arrested for Leaving the Scene of an Accident and DUI. He refused the breath test after his arrest.
Result: On the morning of jury trial, THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS. In addition, the defense also got the Leaving the Scene of an Accident charge dismissed a month prior to the DUI charge being dismissed.
Apr 6, 2007 Case: 0960-XDK Judge Arzola
Facts: The police came into contact with the defendant when he was passed out on the side of the road. A person had called in that there was an individual who was unresponsive which prompted the police to arrive. The keys were in the ignition and the engine was running. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had to lean against the car for balance. The defendant refused the roadside tests and the breath test. This was the defendant's third DUI.
Result: The DUI was dismissed.
Apr 6, 2007 Case: 1478-XDK Judge Miranda
Facts: The defendant was involved in a crash whereby he hit a tree. When the officer's found the defendant, he was running into his house. The officer that first found the defendant smelled an odor of alcohol. A DUI officer was called and he smelled alcohol, noticed slurred speech, and watery eyes. The defendant performed poorly on field sobriety tests. For example , on the walk and turn test, the defendant took the incorrect number of steps and stepped off the line numerous times. The defendant refused the breath test. He was charged with DUI and Leaving the Scene an Accident.
Result: THE STATE DROPPED THE DUI AND THE LEAVING THE SCENE OF THE ACCIDENT CHARGE WAS DISMISSED.
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