| Dec 12, 2005 | Case: 05-004972MMA04 | Judge Damico |
| Facts: | The defendant was parked while asleep in a church parking lot. The officers arrived on scene with their overhead lights because a BOLO (be on the lookout) had gone out about a disturbance on the road and possibly impaired driver (ie. the defendant). No other specifics were given in the BOLO. When the officers arrived, they never spoke to the other deputies on the scene and never spoke to the alleged victim about what allegedly happened. They went straight up to the defendant's car and ordered the defendant to roll down his window. They then observed drug paraphernalia (a pipe) and an odor of alcohol. The defendant admitted to having 5-6 beers and was very off balance, staggering, and had slurred speech. He refused the roadside tests and refused the breath test. | |
Parks & Braxton, PA: Brevard DUI Lawyer
ALSO SERVING VOLUSIA, Saint Lucie, Seminole, Orange and Osceola counties
Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Dec 12, 2005 | Case: 05-016119MM10A | Judge Zack |
| Facts: | The defendant lost control of his vehicle and crashed into another car. The officer noticed that the defendant had an odor of alcohol and bloodshot watery eyes. The defendant stated that the passengers in his vehicle were even more trashed than he was. He also stated that he had a few beers at hooters. It should be noted that the defendant was also on felony probation for burglary, grand theft and drugs. | |
| Result: | The Judge threw out the statements and the State dropped the DUI. He was also reinstated on probation. | |
| Dec 12, 2005 | Case: 05-004267TCA02 | Judge Evans |
| Facts: | The defendant was stopped for tailgating and driving in a careless manner. The officers who stopped the defendant were undercover officers and not DUI officers. They observed an odor of alcohol, bloodshot eyes, and slurred speech. They stated the defendant performed poorly on roadside tests (no video at the scene) and he blew a .181 in the breath machine after his arrest for DUI. The breath test was video taped at the breath testing facility. | |
| Result: | The State read the depositions, watched the video, and conceded the motions. The State dropped the DUI. | |
| Nov 30, 2005 | Case: 04-026609MM10A | Judge Berman |
| Facts: | The defendant was stopped for crossing three lanes of traffic without putting on her signal and then running a red light. A DUI task force deputy was subsequently asked to perform a criminal investigation for DUI. He observed a strong odor of alcohol, bloodshot eyes and a flushed face. On video, the defendant stated she had come from a club and had a couple of drinks. The defendant refused to perform any sobriety testing and was arrested for DUI. | |
| Result: | On the morning of trial, the State Attorney's Office dropped the DUI. | |
| Nov 28, 2005 | Case: 297124-X | Judge Gayles |
| Facts: | The defendant was stopped for careless driving and speeding. The officer who made the traffic stop observed an odor of alcohol, slurred speech, and wrote the defendant was completely off balance and used the car to maintain his balance. A DUI officer was called to conduct roadside tests and the defendant was arrested for DUI. He refused the breath test and this was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Nov 21, 2005 | Case: 061297-J | Judge Ortiz |
| Facts: | The defendant was involved in a crash in which she hit a barrier wall on the highway. When the trooper arrived on scene, he observed an odor of alcohol, slightly slurred speech, and a sway. The roadside exercises were video taped by the trooper which is very rarely done in Dade County. She was arrested for DUI and blew a .108 in the breath machine after her arrest. | |
| Result: | The State dropped the DUI. | |
| Nov 15, 2005 | Case: 05-002010MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving 105mph. The Trooper observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady on his feet as he walked to the rear of his car. The defendant was asked to perform a series of field sobriety tests and was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2005 | Case: 05-016303TCAO4 | Judge Damico |
| Facts: | The defendant was involved in a traffic crash after driving at a high rate of speed. The defendant ended up smashing into a median and then a tree. The air bags deployed and the vehicle was mangled. Paramedics and the police arrived on scene. The officer on scene noticed an odor of alcohol on the defendant, slurred speech, and he was completely unsteady. The paramedics put him on a stretcher due to his head injuries. In the ambulance, the officer asked the defendant for a blood sample since a breath test would have been impossible as the defendant was going to be transported to the hospital. The blood tests revealed a blood alcohol level of .26 which is over three times the legal limit. The defendant was not arrested until after the blood results came back from the lab. | |
| Result: | The Judge agreed after reading the Statute and case law provided, granted the motion, and threw out the blood result. | |
| Nov 14, 2005 | Case: 286034-X | Judge Newman |
| Facts: | The defendant was stopped for driving at a high rate of speed and almost colliding with another vehicle. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he looked disoriented. He refused the roadside tests and breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Nov 8, 2005 | Case: 05-1140MM10A | Judge Zack |
| Facts: | The defendant was stopped for failing to maintain a single lane, not signaling, and making wide turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .157 in the breath machine after his arrest for DUI. | |
| Result: | The Judge GRANTED the motion and threw out all the evidence in the case. | |
| Nov 7, 2005 | Case: 574171-X | Judge Ortiz |
| Facts: | The defendant was stopped for weaving. Once stopped , the officers observed an odor of alcohol, slurred speech, and unsteadiness. The defendant did not perform roadside tests stating he had too much to drink and then he refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2005 | Case: 129409-J | Judge Gayles |
| Facts: | The defendant was stopped for speeding and weaving by FHP. Once stopped, the officer observed an odor of alcohol and staggering. The defendant allegedly performed poorly on roadside tests and blew a .159 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2005 | Case: 05-009285MMA | Judge Herr |
| Facts: | The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, he fumbled getting his driver's license paperwork, and had bloodshot eyes. Further, the defendant had urine on his crotch area and he admitted having a few drinks. He refused roadside testing and he also refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Sep 27, 2005 | Case: 2005-CT-003163 | Judge Spoto |
| Facts: | The defendant was stopped for accelerating out of a parking lot at a high rate of speed. The officer observed an odor of alcohol, glassy eyes, slurred speech, and a dazed look on his face. The defendant was unsteady upon exiting his vehicle and then performed poorly on roadside tests. The defendant blew a .094 (above the legal limit of .08) after his arrest for DUI. | |
| Result: | The Judge granted the motion and threw out all the evidence in the case. | |
| Sep 23, 2005 | Case: 03-031656TCA04 | Judge Cohen |
| Facts: | The defendant was stopped by police for making an alleged improper u-turn at an intersection. The officer observed and odor of alcohol, slurred speech, and glassy eyes. The defendant admitted drinking two beers along with stating she took Vicodin and Zoloft. She performed poorly on roadside tasks and refused the breath test after her arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2005 | Case: 04-22314MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped by police due to a dispatch about a "drunk driver" who was driving erratically and slow on I-75. The officer located the vehicle driven by the defendant which matched the description given by the anonymous caller. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also saw two plastic cups with alcohol under the driver's seat and a bottle of wine in back seat area. The defendant could not perform roadside tasks and she was arrested for DUI. The defendant blew a .160, twice the legal limit, in the breath machine after her arrest for DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 19, 2005 | Case: 2005-CT-001807A | Judge Yacucci |
| Facts: | The defendant was stopped for swerving into another lane almost colliding with a police officer. The officer smelled an odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having a couple of beers. After conducting the first field sobriety test, the defendant refused to continue. He was subsequently arrested for DUI. This was the defendant's 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Sep 19, 2005 | Case: 306659-X | Judge McWhorter |
| Facts: | The defendant was stopped for running a red light. The initial officer observed an odor of alcohol, slurred speech, and unsteadiness on his feet. The DUI officer observed the same characteristics. The defendant refused the field sobriety tests and was arrested for DUI. This was the defendant's 3rd offense for DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 19, 2005 | Case: 082808-J | Judge Gayles |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. The defendant initially refused roadsides tests and then while being hand cuffed agreed to perform them. According to the officer, he performed poorly. After his arrest for DUI, he blew a .179 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Sep 19, 2005 | Case: 285935-X | Judge Ortiz |
| Facts: | The defendant was involved in an accident whereby he ran a red light and struck another car. The officer's observed an odor of alcohol and slurred speech. He allegedly performed poorly on roadside tests and blew a .210 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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