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
Call 24/7 Nights, Weekends & Holidays
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OUR RECENT VICTORIES

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.
Mar 10, 2021 Case: 19-CM-012583 Judge Jeske
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery/bloodshot eyes, and droopy eyelids. He had dilated pupils and admitted to having consumed 2 to 3 beers. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test. He was also charged with resisting an officer without violence for attempting to knock the officer down.
Defense: The firm pointed out to the State that any mishaps on the roadside tests were not due to impairment by alcohol, but rather the aggressive nature of the officer. The State Dropped the DUI and the resisting charge was Dismissed.
Result: The State dropped the DUI.
Mar 10, 2021 Case: 19-CT-001908 Judge Crown
Facts: The defendant was stopped by police after hotel staff called 911 at the resort where they were staying. The caller stated that the defendant and his girlfriend were causing a disturbance at the pool due to alcohol intoxication and were throwing them out. The officer, prior to stopping the defendant, also observed no working taillights on the car. The officer observed an odor of alcohol, slurred speech, and he was profusely sweating. He also had glassy eyes and stated he should have been at home sleeping. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer. At the depo, we were able to gain testimony from the officer that contradicted his reports. In addition, after the depo it was clear the officer did not advise the defendant of any adverse consequences when he refused to perform roadside tests, as required by law.
Result: The State dropped the DUI.
Mar 10, 2021 Case: 19-CM-012583 Judge Jeske
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery/bloodshot eyes, and droopy eyelids. He had dilated pupils and admitted to having consumed 2 to 3 beers. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test. He was also charged with resisting an officer without violence for attempting to knock the officer down.
Defense: The firm pointed out to the State that any mishaps on the roadside tests were not due to impairment by alcohol, but rather the aggressive nature of the officer. The State Dropped the DUI and the resisting charge was Dismissed.
Result: The State dropped the DUI.
Mar 10, 2021 Case: 19-CT-001908 Judge Crown
Facts: The defendant was stopped by police after hotel staff called 911 at the resort where they were staying. The caller stated that the defendant and his girlfriend were causing a disturbance at the pool due to alcohol intoxication and were throwing them out. The officer, prior to stopping the defendant, also observed no working taillights on the car. The officer observed an odor of alcohol, slurred speech, and he was profusely sweating. He also had glassy eyes and stated he should have been at home sleeping. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI arrest.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer. At the depo, we were able to gain testimony from the officer that contradicted his reports. In addition, after the depo it was clear the officer did not advise the defendant of any adverse consequences when he refused to perform roadside tests, as required by law.
Result: The State dropped the DUI.
Mar 5, 2021 Case: 20-CT-011093 Judge Bonavita
Facts: A citizen called 911 that the defendant was driving erratically in a parking lot and appeared intoxicated. Officers spotted the defendant's car and followed him until conducting a traffic stop. They observed an odor of alcohol, slurred speech, red eyes, and he appeared off balance. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense: The officers followed the defendant for a long time. There was no erratic driving pattern observed by the officers. The lawfulness of the traffic stop was called into question as there was no corroboration. In addition, the officer did not advise the defendant of any adverse consequences when he refused to perform the field sobriety tests. Also, all the observations alleged in the police report were contradicted by the video.
Result: The State Dropped the defendant's Third DUI.
Mar 5, 2021 Case: AD0B71E Judge Szematowicz
Facts: A caller dialed 911 that the defendant's car lights were off and she appeared drunk. Officers spotted the defendant and stopped her after she proceeded through an intersection. They observed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a flushed face and appeared unsteady. After refusing to perform the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The caller on 911 stated only a conclusory statement that the defendant appeared drunk with no other supporting facts. When there is a only a conclusory statement about the defendant being drunk, the officers must observe some type of erratic driving pattern. The lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Mar 5, 2021 Case: AD0B71E Judge Szematowicz
Facts: A caller dialed 911 that the defendant's car lights were off and she appeared drunk. Officers spotted the defendant and stopped her after she proceeded through an intersection. They observed an odor of alcohol, slurred speech, and bloodshot eyes. She also had a flushed face and appeared unsteady. After refusing to perform the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The caller on 911 stated only a conclusory statement that the defendant appeared drunk with no other supporting facts. When there is a only a conclusory statement about the defendant being drunk, the officers must observe some type of erratic driving pattern. The lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Mar 5, 2021 Case: 20-CT-011093 Judge Bonavita
Facts: A citizen called 911 that the defendant was driving erratically in a parking lot and appeared intoxicated. Officers spotted the defendant's car and followed him until conducting a traffic stop. They observed an odor of alcohol, slurred speech, red eyes, and he appeared off balance. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense: The officers followed the defendant for a long time. There was no erratic driving pattern observed by the officers. The lawfulness of the traffic stop was called into question as there was no corroboration. In addition, the officer did not advise the defendant of any adverse consequences when he refused to perform the field sobriety tests. Also, all the observations alleged in the police report were contradicted by the video.
Result: The State Dropped the defendant's Third DUI.
Mar 4, 2021 Case: 20-CT-006699 Judge Farr
Facts: The defendant was found passed out in a Home Depot parking lot with his head against the horn causing it to go off. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, slurred speech, and red eyes. He also had lethargic movements. After performing the field sobriety tests, he was arrested for DUI. He later blew .202 and .193 in the breath machine.
Defense: There was no reasonable suspicion to believe the defendant was sick, injured or impaired justifying ordering him out of his car. He could have just as easily been sleeping. The DUI observations weren't made until after they got him out of the car. Thus, the initial search and seizure was unlawful.
Result: The State dropped the DUI.
Mar 4, 2021 Case: 20-CT-006699 Judge Farr
Facts: The defendant was found passed out in a Home Depot parking lot with his head against the horn causing it to go off. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, slurred speech, and red eyes. He also had lethargic movements. After performing the field sobriety tests, he was arrested for DUI. He later blew .202 and .193 in the breath machine.
Defense: There was no reasonable suspicion to believe the defendant was sick, injured or impaired justifying ordering him out of his car. He could have just as easily been sleeping. The DUI observations weren't made until after they got him out of the car. Thus, the initial search and seizure was unlawful.
Result: The State dropped the DUI.
Mar 3, 2021 Case: 20-CT-004138 Judge Jeske
Facts: The defendant was the at fault driver in a rear end crash. The officers observed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he appeared unsteady. The defendant exhibited an orbital sway and was yelling at the officers. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: After performing the walk and turn, the defendant started to perform the one leg stand then refused. He was immediately arrested without being given any adverse consequences. Thus, his refusal to perform the rest of the roadsides would have been excluded from evidence.
Result: The State dropped the DUI.
Mar 3, 2021 Case: 20-CT-004138 Judge Jeske
Facts: The defendant was the at fault driver in a rear end crash. The officers observed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he appeared unsteady. The defendant exhibited an orbital sway and was yelling at the officers. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: After performing the walk and turn, the defendant started to perform the one leg stand then refused. He was immediately arrested without being given any adverse consequences. Thus, his refusal to perform the rest of the roadsides would have been excluded from evidence.
Result: The State dropped the DUI.
Mar 1, 2021 Case: 20-CF-011269 Judge Kiser
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. He had trouble fining his documents and had a slight slur to his speech. He then performed various field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. In a search incident to arrest, the officer found a controlled substance, Alprazolam, which was not prescribed to the defendant. He was also charged with felony possession along with the DUI.
Defense: Parks & Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on all the evidence. The State Dropped the DUI and also we were able to get the felony Dismissed.
Result: The State dropped the DUI.
Mar 1, 2021 Case: 20-CF-011269 Judge Kiser
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. He had trouble fining his documents and had a slight slur to his speech. He then performed various field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. In a search incident to arrest, the officer found a controlled substance, Alprazolam, which was not prescribed to the defendant. He was also charged with felony possession along with the DUI.
Defense: Parks & Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on all the evidence. The State Dropped the DUI and also we were able to get the felony Dismissed.
Result: The State dropped the DUI.
Feb 25, 2021 Case: ACEV1YE Judge Komninos
Facts: The defendant was stopped for weaving and almost hitting other vehicles. The officer observed an odor of alcohol, bloodshot eyes. and slurred /slow speech. He appeared disoriented and was sweating. The defendant performed various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense: Many of the observations written by the officer were contradicted by the video tape.
Result: The State dropped the DUI.
Feb 25, 2021 Case: 20-CT-012371 Judge Farr
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also exhibited unstable balance. He then performed field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks and Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on the video tape evidence
Result: The State dropped the DUI.
Feb 25, 2021 Case: 20-CT-012371 Judge Farr
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, slurred speech, and red/glassy eyes. He also exhibited unstable balance. He then performed field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks and Braxton pointed out to the State that there was a lack of probable cause to arrest the defendant based on the video tape evidence
Result: The State dropped the DUI.
Feb 25, 2021 Case: ACEV1YE Judge Komninos
Facts: The defendant was stopped for weaving and almost hitting other vehicles. The officer observed an odor of alcohol, bloodshot eyes. and slurred /slow speech. He appeared disoriented and was sweating. The defendant performed various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense: Many of the observations written by the officer were contradicted by the video tape.
Result: The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007529 Judge Mcneil
Facts: The defendant was stopped in the roadway with fresh damage to her car and only one working taillight. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She had difficulty with her balance and admitted to having drank beer and vodka. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .183 and a .177 in the breath machine.
Defense: An initial call for service went out over dispatch about the defendant's driving prior to her being stopped. There was no corroboration of any driving pattern by the officer. Thus, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.

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