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

Jun 1, 2021 Case: 20-CT-002478 Judge Conrad
Facts: The defendant crashed his car into a mailbox and ended up in a ditch. The officer came into contact with the defendant about an hour and half later, down the road from the crash scene. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .233 in the breath machine. This was the defendant's Second DUI.
Defense: The State could not prove that the defendant was under the influence of alcohol at the time of the crash due to the time frame and distance from the crash scene.
Result: The State Dropped the defendant's Second DUI.
May 27, 2021 Case: 20-CT-011010 Judge Gutman
Facts: The defendant was found by police sitting in his car with a flat tire and fresh damage to the passenger side mirror. He exited his car and began urinating in front of the officer. Officers observed an odor of alcohol, slurred/mumbled nonsensical speech, and glassy eyes. He became belligerent and had trouble following instructions. He couldn't perform any roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm raised issues with the State as to whether the the defendant was impaired prior to the vehicle being inoperable.
Result: The State dropped the DUI.
May 27, 2021 Case: 20-CT-011010 Judge Gutman
Facts: The defendant was found by police sitting in his car with a flat tire and fresh damage to the passenger side mirror. He exited his car and began urinating in front of the officer. Officers observed an odor of alcohol, slurred/mumbled nonsensical speech, and glassy eyes. He became belligerent and had trouble following instructions. He couldn't perform any roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm raised issues with the State as to whether the the defendant was impaired prior to the vehicle being inoperable.
Result: The State dropped the DUI.
May 24, 2021 Case: 20-CT-016247 Judge Panse
Facts: The defendant was stopped for speeding, weaving, and cutting all over lanes of traffic. Officers observed an odor of alcohol, a flushed red face, and slurred speech. The defendant appeared nonresponsive to the officer’s questions. After performing roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
Defense: The firm pointed out to the State that on tape the officer had his mind made up to arrest the defendant prior to any DUI investigation being conducted. He was talking very fast and the defendant couldn't follow what he was saying. It was very clear that he was just going though the motions.
Result: The State Dropped the defendant's Second DUI.
May 24, 2021 Case: 20-CT-016247 Judge Panse
Facts: The defendant was stopped for speeding, weaving, and cutting all over lanes of traffic. Officers observed an odor of alcohol, a flushed red face, and slurred speech. The defendant appeared nonresponsive to the officer’s questions. After performing roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest.
Defense: The firm pointed out to the State that on tape the officer had his mind made up to arrest the defendant prior to any DUI investigation being conducted. He was talking very fast and the defendant couldn't follow what he was saying. It was very clear that he was just going though the motions.
Result: The State Dropped the defendant's Second DUI.
May 20, 2021 Case: ABW48OE Judge Szematowicz
Facts: The defendant was stopped for weaving. Officers observed an odor of alcohol, bloodshot/watery eyes, and a dazed look. Her speech was mumbled, she swayed while she stood, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew. a .103 and a .098 in the breath machine.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit. In addition, when the officer performed the HGN (eye test) on the defendant, he did not get an angle of onset prior to 45 degrees. What that means is that the defendant could have been under the legal limit at the time of driving pursuant to Tharpe's formula. Also, many observations the officer wrote were contradicted by the video tape.
Result: The State dropped the DUI.
May 20, 2021 Case: ABW48OE Judge Szematowicz
Facts: The defendant was stopped for weaving. Officers observed an odor of alcohol, bloodshot/watery eyes, and a dazed look. Her speech was mumbled, she swayed while she stood, and she fumbled with her documents. After performing various field sobriety tests, she was arrested for DUI. She later blew. a .103 and a .098 in the breath machine.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place one of the defendant's breath results under the legal limit. In addition, when the officer performed the HGN (eye test) on the defendant, he did not get an angle of onset prior to 45 degrees. What that means is that the defendant could have been under the legal limit at the time of driving pursuant to Tharpe's formula. Also, many observations the officer wrote were contradicted by the video tape.
Result: The State dropped the DUI.
May 18, 2021 Case: 21-CT-001454 Judge Farr
Facts: The defendant was stopped for being stopped in a lane of traffic asleep at the wheel. Officers noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He also was unsteady and admitted to having drank alcohol. He then performed roadside tests and was arrested for DUI. He later blew. a 133 and a .126 in the breath machine.
Defense: The initial seizure by police was unlawful when they ordered him out of the car because they made no DUI observations while he was still seated in the car.
Result: The State dropped the DUI.
May 18, 2021 Case: 20-CT-008692 Judge Farr
Facts: The defendant was stopped after he almost collided with a police car. Officers observed an odor of alcohol, slurred speech, and he appeared sleepy. They also noticed slow/deliberate movements, watery eyes, and a dazed/blank stare. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Defense: Many observations the officer wrote in his reports were contradicted by the video tape.
Result: The State dropped the DUI.
May 18, 2021 Case: 21-CT-001454 Judge Farr
Facts: The defendant was stopped for being stopped in a lane of traffic asleep at the wheel. Officers noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He also was unsteady and admitted to having drank alcohol. He then performed roadside tests and was arrested for DUI. He later blew. a 133 and a .126 in the breath machine.
Defense: The initial seizure by police was unlawful when they ordered him out of the car because they made no DUI observations while he was still seated in the car.
Result: The State dropped the DUI.
May 18, 2021 Case: 20-CT-008692 Judge Farr
Facts: The defendant was stopped after he almost collided with a police car. Officers observed an odor of alcohol, slurred speech, and he appeared sleepy. They also noticed slow/deliberate movements, watery eyes, and a dazed/blank stare. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Defense: Many observations the officer wrote in his reports were contradicted by the video tape.
Result: The State dropped the DUI.
May 12, 2021 Case: 20-CT-011107 Judge Farr
Facts: The defendant was stopped for driving the wrong way and swerving. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He was asked to perform roadside tests to which he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The credibility of the officers was called into question as to whether or not the defendant actually had an odor of alcohol. One officer can he heard on tape saying he did not smell anything even as he was up close. Also, the defendant's speech did not appear slurred on tape.
Result: The State Dropped the Defendant's Second DUI.
May 12, 2021 Case: 20-CT-011107 Judge Farr
Facts: The defendant was stopped for driving the wrong way and swerving. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He was asked to perform roadside tests to which he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The credibility of the officers was called into question as to whether or not the defendant actually had an odor of alcohol. One officer can he heard on tape saying he did not smell anything even as he was up close. Also, the defendant's speech did not appear slurred on tape.
Result: The State Dropped the Defendant's Second DUI.
May 7, 2021 Case: 20-004566MU10A1 Judge Szematowicz
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol and bloodshot/watery eyes, After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test.
Defense: On tape, it was clear the arresting officer was being trained by a field training officer. At one point on tape, after all the roadside tests were completed by the trainee, the trainee was overheard saying to his superior, "I am not sure." The arresting officer can be heard, "use your training and experience. " Well, he has none.
Result: The State dropped the DUI.
May 7, 2021 Case: 20-004566MU10A1 Judge Szematowicz
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol and bloodshot/watery eyes, After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test.
Defense: On tape, it was clear the arresting officer was being trained by a field training officer. At one point on tape, after all the roadside tests were completed by the trainee, the trainee was overheard saying to his superior, "I am not sure." The arresting officer can be heard, "use your training and experience. " Well, he has none.
Result: The State dropped the DUI.
May 6, 2021 Case: 20-004566MU10A Judge Solomon
Facts: The defendant was the at fault driver in a crash and then fled the scene. When officers caught the defendant, they observed an odor of alcohol, glassy eyes, and he had a hard time keeping his eyes open. He appeared very unsteady, used the car door for support, and had a dazed look. The defendant refused to perform roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused the breath test.
Defense: The firm filed a pretrial motion to suppress any and all of the defendant's statements to police based on a violation of Miranda. On the day of the motion, the State agreed to Drop the DUI. He also received no conviction on the leaving the scene of an accident charge.
Result: The State dropped the DUI.
May 6, 2021 Case: 20-CT-016822 Judge Eissey
Facts: The defendant crashed his car into another car after backing out of a driveway. Officers observed the defendant to have an odor of alcohol, slightly slurred speech, and he admitted to having drank beer. He was unsteady and had trouble focusing. He kept repeating the same story over and over. After performing field sobriety tests, he was arrested for DUI. He later blew a .123 and a .127 in the breath machine.
Defense: legal issues were raised by the firm about whether the defendant was coerced into taking a breath test.
Result: The State dropped the DUI.
May 6, 2021 Case: 20-004566MU10A Judge Solomon
Facts: The defendant was the at fault driver in a crash and then fled the scene. When officers caught the defendant, they observed an odor of alcohol, glassy eyes, and he had a hard time keeping his eyes open. He appeared very unsteady, used the car door for support, and had a dazed look. The defendant refused to perform roadside tests and was arrested for DUI and leaving the scene of an accident. He later refused the breath test.
Defense: The firm filed a pretrial motion to suppress any and all of the defendant's statements to police based on a violation of Miranda. On the day of the motion, the State agreed to Drop the DUI. He also received no conviction on the leaving the scene of an accident charge.
Result: The State dropped the DUI.
May 6, 2021 Case: 20-CT-016822 Judge Eissey
Facts: The defendant crashed his car into another car after backing out of a driveway. Officers observed the defendant to have an odor of alcohol, slightly slurred speech, and he admitted to having drank beer. He was unsteady and had trouble focusing. He kept repeating the same story over and over. After performing field sobriety tests, he was arrested for DUI. He later blew a .123 and a .127 in the breath machine.
Defense: legal issues were raised by the firm about whether the defendant was coerced into taking a breath test.
Result: The State dropped the DUI.
May 5, 2021 Case: 20-CT-008124 Judge Gutman
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, glassy eyes, and he used his truck for balance. After performing only the HGN (eye test) , he refused to perform any others. He was then arrested for DUI and later refused the breath test.
Defense: Parks & Braxton raised issues as to a lack of probable cause to make the arrest based on the video tape evidence.
Result: The State dropped the DUI.

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