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

Mar 25, 2021 Case: 19-012366MU10A Judge Lerner-Wren
Facts: The defendant was stopped for improper backing. The officer observed an odor of alcohol, bloodshot eyes, and he stated that he had consumed two drinks. The officer also noticed the defendant to sway. He refused to perform any field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: There were many conflicts between the video and the police reports. We pointed out that there was also a lack of probable cause to arrest the defendant.
Result: The State Dropped the Defendant's Second DUI.
Mar 24, 2021 Case: 19-CT-014406 Judge Gutman
Facts: The defendant was stopped for serving and driving too slowly on the highway. Upon being stopped, officers noticed the defendant had an odor of marijuana, bloodshot eyes, and his speech was low and slow. He then performed field sobriety tests and was arrested for DUI. He later gave a urine sample which revealed marijuana.
Defense: Based on the the defendant's video, the firm was able to show that there was a lack of probable cause to arrest the Defendant.
Result: The State dropped the DUI.
Mar 24, 2021 Case: 20-CT-OOO483 Judge Horton
Facts: Citizens called 911 stating that the defendant was driving all over the road and almost striking other cars. Officers then conducted a traffic stop. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He was unsteady exiting the car and also while standing. After performing poorly on the roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: There was no video of the DUI investigation, only audio. Many observations alleged in the reports were contradicted by the audio of the investigation.
Result: The State dropped the DUI.
Mar 24, 2021 Case: 20-CT-011256 Judge Gutman
Facts: The defendant was stopped after she almost hit a police car. The officer observed an odor of alcohol, severely slurred speech, and she seemed disoriented. She was arrested for DUI after performing poorly on roadside tests. She later blew a .159 and a .146 in the breath machine.
Defense: During pretrial discovery, the defense uncovered that the arresting officer had some internal affairs issues. This called into question his credibility.
Result: The State dropped the DUI.
Mar 24, 2021 Case: 19-CT-014406 Judge Gutman
Facts: The defendant was stopped for serving and driving too slowly on the highway. Upon being stopped, officers noticed the defendant had an odor of marijuana, bloodshot eyes, and his speech was low and slow. He then performed field sobriety tests and was arrested for DUI. He later gave a urine sample which revealed marijuana.
Defense: Based on the the defendant's video, the firm was able to show that there was a lack of probable cause to arrest the Defendant.
Result: The State dropped the DUI.
Mar 24, 2021 Case: 20-CT-011256 Judge Gutman
Facts: The defendant was stopped after she almost hit a police car. The officer observed an odor of alcohol, severely slurred speech, and she seemed disoriented. She was arrested for DUI after performing poorly on roadside tests. She later blew a .159 and a .146 in the breath machine.
Defense: During pretrial discovery, the defense uncovered that the arresting officer had some internal affairs issues. This called into question his credibility.
Result: The State dropped the DUI.
Mar 24, 2021 Case: 20-CT-OOO483 Judge Horton
Facts: Citizens called 911 stating that the defendant was driving all over the road and almost striking other cars. Officers then conducted a traffic stop. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He was unsteady exiting the car and also while standing. After performing poorly on the roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: There was no video of the DUI investigation, only audio. Many observations alleged in the reports were contradicted by the audio of the investigation.
Result: The State dropped the DUI.
Mar 19, 2021 Case: 20-007055CF10A Judge Usan
Facts: The defendant was approached by police after he was observed revving his engine multiple times in a McDonalds's parking lot. When officers first approached, they noticed a large Vodka bottle in drivers side of the car and it was half filled. They noticed the defendant to have an odor of alcohol, red/bloodshot eyes, and he seemed confused as to his location. Once out of the car, he stumbled backwards and had to stabilize himself to keep from falling. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. He was charged with Felony DUI as this was his Fifth (5th) DUI.
Defense: Parks & Braxton took pretrial depositions of all the officers at the scene. As each officer came in and gave sworn testimony, they all not only contradicted themselves upon our questioning, but also their police reports. The State then Dropped the defendant's Fifth (5th) DUI.
Result: The State dropped the DUI.
Mar 19, 2021 Case: 20-007055CF10A Judge Usan
Facts: The defendant was approached by police after he was observed revving his engine multiple times in a McDonalds's parking lot. When officers first approached, they noticed a large Vodka bottle in drivers side of the car and it was half filled. They noticed the defendant to have an odor of alcohol, red/bloodshot eyes, and he seemed confused as to his location. Once out of the car, he stumbled backwards and had to stabilize himself to keep from falling. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. He was charged with Felony DUI as this was his Fifth (5th) DUI.
Defense: Parks & Braxton took pretrial depositions of all the officers at the scene. As each officer came in and gave sworn testimony, they all not only contradicted themselves upon our questioning, but also their police reports. The State then Dropped the defendant's Fifth (5th) DUI.
Result: The State dropped the DUI.
Mar 18, 2021 Case: 20-CT-041975 Judge Friedland
Facts: The defendant was stopped for driving northbound in the southbound lane. The defendant had an odor of alcohol, red eyes, and he admitted to having drank beer. He also had slurred speech and swayed while he stood. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .131 and a .129 in the breath machine.
Defense: The defendant's video of his roadside tests clearly showed that he may be been absorbing alcohol and under the legal limit at the time of driving.
Result: The State dropped the DUI.
Mar 18, 2021 Case: ACEV6GE Judge Hessinger
Facts: The defendant was found sleeping in her car. A caller had stated that an individual was sleeping in her car on the side of the road in their neighborhood. When police awoke the defendant, they observed an odor of alcohol, watery eyes, and mumbled speech. She swayed, stumbled, and was unsteady. She failed the roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's second DUI and third arrest for DUI.
Defense: The defendant was simply sitting in her car sleeping. She was not in actual physical control of the motor vehicle as she had no capability of operating the car.
Result: The State Dropped her Second DUI.
Mar 18, 2021 Case: 20-CT-041975 Judge Friedland
Facts: The defendant was stopped for driving northbound in the southbound lane. The defendant had an odor of alcohol, red eyes, and he admitted to having drank beer. He also had slurred speech and swayed while he stood. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .131 and a .129 in the breath machine.
Defense: The defendant's video of his roadside tests clearly showed that he may be been absorbing alcohol and under the legal limit at the time of driving.
Result: The State dropped the DUI.
Mar 18, 2021 Case: ACEV6GE Judge Hessinger
Facts: The defendant was found sleeping in her car. A caller had stated that an individual was sleeping in her car on the side of the road in their neighborhood. When police awoke the defendant, they observed an odor of alcohol, watery eyes, and mumbled speech. She swayed, stumbled, and was unsteady. She failed the roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's second DUI and third arrest for DUI.
Defense: The defendant was simply sitting in her car sleeping. She was not in actual physical control of the motor vehicle as she had no capability of operating the car.
Result: The State Dropped her Second DUI.
Mar 17, 2021 Case: 19-011338MU10A Judge Carpenter-Toye
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed various field sobriety tests whereby the officer stated that he failed each exercise. He was subsequently arrested for DUI. He later refused the breath test.
Defense: After obtaining the evidence, it was clear that the video was a complete contradiction to the officer's testimony. Both the one leg stand as well as the walk and turn test differed exponentially from what the officer stated. After announcing ready for trial, the prosecutor agreed to drop the DUI.
Result: The State dropped the DUI.
Mar 17, 2021 Case: 19-011338MU10A Judge Carpenter-Toye
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed various field sobriety tests whereby the officer stated that he failed each exercise. He was subsequently arrested for DUI. He later refused the breath test.
Defense: After obtaining the evidence, it was clear that the video was a complete contradiction to the officer's testimony. Both the one leg stand as well as the walk and turn test differed exponentially from what the officer stated. After announcing ready for trial, the prosecutor agreed to drop the DUI.
Result: The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-002964 Judge Gutman
Facts: The defendant was stopped for speeding, weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He also admitted to having drank vodka. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .161 and a .151 in the breath machine.
Defense: Prior to obtaining the defendant's breath results of .161 and .151, the defendant had blown in the machine at least four other times. The breath readings were showing up as volume not met (not sufficient samples) and also outside of the .02 margin of error. This was all documented on the machine printouts. The firm point this out to the the State that the machine could have been erroneously reading the defendant's breath alcohol level.
Result: The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-3844 Judge Conrad
Facts: The defendant was the at fault driver in a head on crash. The defendant was transported to the hospital prior to the police arriving on scene. When officers arrived at the hospital, they noticed an an odor of alcohol coming from the defendant. She was later charged with DUI.
Defense: There was no probable cause to charge the defendant with DUI baaed on odor being the only DUI observation.
Result: The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-3844 Judge Conrad
Facts: The defendant was the at fault driver in a head on crash. The defendant was transported to the hospital prior to the police arriving on scene. When officers arrived at the hospital, they noticed an an odor of alcohol coming from the defendant. She was later charged with DUI.
Defense: There was no probable cause to charge the defendant with DUI baaed on odor being the only DUI observation.
Result: The State dropped the DUI.
Mar 15, 2021 Case: 20-CT-002964 Judge Gutman
Facts: The defendant was stopped for speeding, weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He also admitted to having drank vodka. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .161 and a .151 in the breath machine.
Defense: Prior to obtaining the defendant's breath results of .161 and .151, the defendant had blown in the machine at least four other times. The breath readings were showing up as volume not met (not sufficient samples) and also outside of the .02 margin of error. This was all documented on the machine printouts. The firm point this out to the the State that the machine could have been erroneously reading the defendant's breath alcohol level.
Result: The State dropped the DUI.
Mar 12, 2021 Case: 20-CT-013703 Judge Panse
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, very slurred speech, and red/glassy eyes. He had a red face and droopy eyes. He refused to perform field sobriety tests and was arrested for DUI. He later blew a. 132 and a .120 in the breath machine.
Defense: Based on all evidence, there was a lack of probable cause to arrest the defendant. Thus, the breath test would have been suppressed.
Result: The State dropped the DUI.

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