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

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ALSO SERVING MARTIN, ST. LUCIE & INDIAN RIVER COUNTIES
Local
Call 24/7 Nights, Weekends & Holidays
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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

Mar 9, 2009 Case: 2009-CT-6032 (JURY TRIAL) Judge Moran
Facts: The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI.
Result: The Jury found the defendant NOT GUILTY.
Mar 9, 2009 Case: 2009-CT-6032 (JURY TRIAL) Judge Moran
Facts: The defendant was stopped for driving the wrong way, cutting across three lanes of traffic, and almost causing a collision. The officer observed an odor of alcohol, bloodshot eyes, lethargic movements, and slurred speech. The defendant performed poorly on roadside tests according to the officer. The defendant stated on video that he had a total of between 5-7 drinks. He also told the officer he had too much to drink and that is why he did not drive earlier. He was arrested for DUI and then refused the breath test. This was the defendant's second DUI.
Result: The Jury found the defendant NOT GUILTY.
Mar 6, 2009 Case: 2009-CT-004977AXX (TRIAL) Judge Marx
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI.
Result: The defendant was found Not Guilty.
Mar 6, 2009 Case: 2009-CT-004977AXX (TRIAL) Judge Marx
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed some field sobriety tests at the request of the officer. For example, on the one leg stand, he put his foot down four times and on the alphabet test he stopped at the letter "v". After he was arrested for DUI, he blew a .084 in the breath machine. This was the defendant's second DUI.
Result: The defendant was found Not Guilty.
Feb 25, 2009 Case: CT-000364-XCO Judge Dominguez
Facts: The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Result: The State dropped the DUI.
Feb 25, 2009 Case: 08-CT-019208AMB (JURY TRIAL) Judge Moyle
Facts: The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08).
Result: The Jury found the defendant Not Guilty.
Feb 25, 2009 Case: CT-000364-XCO Judge Dominguez
Facts: The defendant was stopped for speeding and drifting. The officer noticed an odor of alcohol, swaying, slurred speech, and bloodshot eyes. Also, the defendant was slow to respond to the officer's requests. The defendant stated he drank one Budweiser beer. Furthermore, he performed the walk and turn, one leg stand, and finger to nose tests. The entire incident, including driving pattern, was captured on video tape. According to the officer, the defendant performed poorly and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Result: The State dropped the DUI.
Feb 25, 2009 Case: 08-CT-019208AMB (JURY TRIAL) Judge Moyle
Facts: The defendant was stopped for a inoperable tag light. The officer who stopped him testified he observed an odor of alcohol and the defendant was fumbling with his items in the car. A DUI unit arrived within seconds. That officer stated he noticed an odor of alcohol, glassy eyes, slow movements, and slow/slurred speech. The defendant was asked to perform field sobriety tests. He performed the walk and turn, one leg stand, finger to nose, and alphabet tests. There was no video tape at the scene. According to the officer, he did not perform to standards and was arrested for DUI. After his arrest, and on video at the station, he admitted to drinking Hennessey and slightly feeling the affects of the alcohol. Furthermore, he complied with the arresting officer's request to take a breath test. The defendant blew a .106 and a .106 in the breath machine. (both tests were over the legal limit of .08).
Result: The Jury found the defendant Not Guilty.
Feb 23, 2009 Case: 9218-XEC Judge Seraphin
Facts: The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test.
Result: The DUI was dismissed.
Feb 23, 2009 Case: 9218-XEC Judge Seraphin
Facts: The defendant was stopped for failing to use his turn signal. The officer observed an odor of alcohol, slurred speech, and a flushed face. He performed the field sobriety tests at the request of the officer. For example, on the walk and turn test, he lost his balance during the turn and did not touch heel to toe. On the finger to nose, he missed the tip of nose all six times, did not remove his finger from his nose, and kept his eyes open. He was arrested for DUI and then refused to take the breath test.
Result: The DUI was dismissed.
Feb 19, 2009 Case: 48-2007-CT-018159-0 Judge Ansbro
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine.
Result: The DUI was dismissed.
Feb 19, 2009 Case: 48-2007-CT-018159-0 Judge Ansbro
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, unsteadiness, and heavy eye lids. The defendant performed the roadside tests at the officer's request. On the walk and turn, she did not touch heel to toe and stepped off the line. On the HGN (eye test), the officer noticed and angle of onset prior to 45 degrees and a lack of smooth pursuit in her eyes. Also, on the one leg stand test, she counted wrong and swayed. After her arrest, she blew a .125 in the breath machine.
Result: The DUI was dismissed.
Feb 17, 2009 Case: CT-008720-XAM Judge Lefler
Facts: The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI.
Result: The State dropped the DUI.
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 17, 2009 Case: CT-008720-XAM Judge Lefler
Facts: The defendant was stopped after allegedly pulling out in front of a police officer causing him to take evasive action in order to avoid a collision. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and an unsteady appearance. She performed roadside tests at the request of the officer. All of the tests were video taped. After allegedly performing the walk and turn, one leg stand, alphabet, and count backwards (100-75) tests poorly, she was arrested for DUI.
Result: The State dropped the DUI.
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.

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