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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
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OUR RECENT VICTORIES

May 5, 2021 Case: 20-CT-011110 Judge Gutman
Facts: The defendant was stopped for speeding and crossing over lane markers. The officer observed an odor of alcohol, bloodshot/glassy eyes, and a flushed face. He admitted to having drank beer. He was also unsteady and he swayed while standing. After performing roadside tests, he was arrested for DUI. He later blew a .156 and a .145 in the breath machine.
Defense: The firm raised various contradictions in the reports versus the video tape.
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.
May 5, 2021 Case: 20-CT-011110 Judge Gutman
Facts: The defendant was stopped for speeding and crossing over lane markers. The officer observed an odor of alcohol, bloodshot/glassy eyes, and a flushed face. He admitted to having drank beer. He was also unsteady and he swayed while standing. After performing roadside tests, he was arrested for DUI. He later blew a .156 and a .145 in the breath machine.
Defense: The firm raised various contradictions in the reports versus the video tape.
Result: The State dropped the DUI.
Apr 27, 2021 Case: 20-CT-012321 Judge Conrad
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton raised issues as to the lawfulness of the arrest due to a lack of probable cause.
Result: The State dropped the DUI.
Apr 27, 2021 Case: 20-CT-012321 Judge Conrad
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton raised issues as to the lawfulness of the arrest due to a lack of probable cause.
Result: The State dropped the DUI.
Apr 20, 2021 Case: 20-CT-012002 Judge Farr
Facts: The defendant was found passed out in the driver's seat of his car in the middle of an intersection. Upon awakening the defendant, officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. He also had displaced motor skills and was unsteady. After performing roadside tests, he was arrested for DUI. He later blew a .197 and a .188 in the breath machine.
Defense: The firm brought contradictions between the reports and the video to the State's attention.
Result: The State dropped the DUI.
Apr 20, 2021 Case: 20-CT-012002 Judge Farr
Facts: The defendant was found passed out in the driver's seat of his car in the middle of an intersection. Upon awakening the defendant, officers observed an odor of alcohol, slurred speech, and watery/glassy eyes. He also had displaced motor skills and was unsteady. After performing roadside tests, he was arrested for DUI. He later blew a .197 and a .188 in the breath machine.
Defense: The firm brought contradictions between the reports and the video to the State's attention.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-054364 Judge Jacobus
Facts: The defendant was stopped for failing to yield to an oncoming vehicle and almost causing a crash. Officers noticed the defendant to have an odor of alcohol, mumbling speech, and watery eyes. His movements were slow, he stumbled, and he also swayed. After performing field sobriety tests, he was arrested for DUI. He later blew a .149 and a .142 in the breath machine.
Defense: There were issues as to whether the defendant actually failed to yield calling into question the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-051685 Judge Garagozlo
Facts: The defendant was found by police asleep behind the wheel of his car. He was slumped over the wheel. When they awoke him, they noticed an odor of alcohol, glassy eyes, and his movements were slow. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant was not in actual physical control as he had no capability to operate the vehicle while he was sleeping.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-012631 Judge Conrad
Facts: The defendant crashed his car off an embankment. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He made inconsistent statements and appeared confused. He admitted to drinking and performed poorly on roadside tests. He was arrested for DUI and later refused the breath test.
Defense: There were issues as to whether the State could prove that the defendant was in actual physical control because he was not behind the wheel when officers arrived on scene.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-048275 Judge Garagozlo
Facts: The defendant was stopped for driving with no headlights. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he appeared clumsy. He was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
Defense: The defendant was never advised of any adverse consequences when he refused to perform field sobriety tests as required by law.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 21-CT-010118 Judge Garagozlo
Facts: The defendant was stopped for failing to maintain a single lane. Once stopped, officers noticed an odor of alcohol, watery eyes, and a flushed face. He admitted to having drank two beers and he swayed. After performing field sobriety tests, he was arrested for DUI. He alter refused the breath test.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop based on the video and the reports.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-048275 Judge Garagozlo
Facts: The defendant was stopped for driving with no headlights. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he appeared clumsy. He was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
Defense: The defendant was never advised of any adverse consequences when he refused to perform field sobriety tests as required by law.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-051685 Judge Garagozlo
Facts: The defendant was found by police asleep behind the wheel of his car. He was slumped over the wheel. When they awoke him, they noticed an odor of alcohol, glassy eyes, and his movements were slow. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant was not in actual physical control as he had no capability to operate the vehicle while he was sleeping.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 21-CT-010118 Judge Garagozlo
Facts: The defendant was stopped for failing to maintain a single lane. Once stopped, officers noticed an odor of alcohol, watery eyes, and a flushed face. He admitted to having drank two beers and he swayed. After performing field sobriety tests, he was arrested for DUI. He alter refused the breath test.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop based on the video and the reports.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-012631 Judge Conrad
Facts: The defendant crashed his car off an embankment. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He made inconsistent statements and appeared confused. He admitted to drinking and performed poorly on roadside tests. He was arrested for DUI and later refused the breath test.
Defense: There were issues as to whether the State could prove that the defendant was in actual physical control because he was not behind the wheel when officers arrived on scene.
Result: The State dropped the DUI.
Apr 14, 2021 Case: 20-CT-054364 Judge Jacobus
Facts: The defendant was stopped for failing to yield to an oncoming vehicle and almost causing a crash. Officers noticed the defendant to have an odor of alcohol, mumbling speech, and watery eyes. His movements were slow, he stumbled, and he also swayed. After performing field sobriety tests, he was arrested for DUI. He later blew a .149 and a .142 in the breath machine.
Defense: There were issues as to whether the defendant actually failed to yield calling into question the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Apr 13, 2021 Case: 5521-XEB Judge Lawhorne
Facts: The defendant backed into a car and fled the scene. Officers observed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, swayed, and staggered. After performing poorly on the roadside tests he was arrested for DUI. He later refused the breath test. He was also charged with leaving he scene of an accident.
Defense: During discovery, the defense learned that the officer used some type of hand held video camera. It was discovered that the video was destroyed. Prior to filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and also the Leaving the Scene charge.
Result: The State dropped the DUI.
Apr 13, 2021 Case: AD0BYCE Judge Lawhorne
Facts: The defendant was stopped for speeding. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared lethargic. After performing roadside tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: There was a lack of probable cause to arrest the defendant based on the video tape and police report evidence. This was presented to the prosecutor.
Result: The State Dropped the defendant's Second DUI.
Apr 13, 2021 Case: 5521-XEB Judge Lawhorne
Facts: The defendant backed into a car and fled the scene. Officers observed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, swayed, and staggered. After performing poorly on the roadside tests he was arrested for DUI. He later refused the breath test. He was also charged with leaving he scene of an accident.
Defense: During discovery, the defense learned that the officer used some type of hand held video camera. It was discovered that the video was destroyed. Prior to filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and also the Leaving the Scene charge.
Result: The State dropped the DUI.

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