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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

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

OUR RECENT VICTORIES

Feb 24, 2021 Case: 20-CT-007451 Judge Weis
Facts: The defendant was the at fault driver in a crash. He struck a golf cart while driving erratically. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had some balance issues as well. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .108 and a .105 in the breath machine.
Defense: There was doubt as to whether the defendant's breath alcohol level was above the legal limit at the time of the crash since it was administered hours later. It was unknown if he was absorbing or eliminating alcohol due to the time frame. Also, many written observations in the reports were also contradicted by the video.
Result: The State dropped the DUI.
Feb 24, 2021 Case: 20-CT-007451 Judge Weis
Facts: The defendant was the at fault driver in a crash. He struck a golf cart while driving erratically. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had some balance issues as well. He refused to perform field sobriety tests and was arrested for DUI. He later blew a .108 and a .105 in the breath machine.
Defense: There was doubt as to whether the defendant's breath alcohol level was above the legal limit at the time of the crash since it was administered hours later. It was unknown if he was absorbing or eliminating alcohol due to the time frame. Also, many written observations in the reports were also contradicted by the video.
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.
Feb 18, 2021 Case: 20-CT-500966 Judge Gagliardi
Facts: The defendant was stopped by police at a DUI roadblock checkpoint. Officers observed the defendant to have an odor of alcohol, glassy/watery eyes, and slurred speech. He then started to perform the roadside tests but did not continue to perform them. He was then arrested for DUI and later refused the breath test.
Defense: Under Florida law, there must be a specific set for written guidelines for each individual roadblock. Here, they were somewhat vague as to specifics and did not meet with Florida Supreme court standards.
Result: The State dropped the DUI.
Feb 18, 2021 Case: 20-CT-500966 Judge Gagliardi
Facts: The defendant was stopped by police at a DUI roadblock checkpoint. Officers observed the defendant to have an odor of alcohol, glassy/watery eyes, and slurred speech. He then started to perform the roadside tests but did not continue to perform them. He was then arrested for DUI and later refused the breath test.
Defense: Under Florida law, there must be a specific set for written guidelines for each individual roadblock. Here, they were somewhat vague as to specifics and did not meet with Florida Supreme court standards.
Result: The State dropped the DUI.
Feb 16, 2021 Case: 20-MM-001747 Judge J. Steele
Facts: The defendant was stopped on his boat for speeding and for a safety inspection. Officers noticed the defendant to have an odor of alcohol, slurred speech, and sluggish movements. He then performed various field sobriety tests such as the palm pat and finger to nose. He was then arrested for boating under the influence and later blew a .146 and a .142 in the breath machine.
Defense: The firm pointed out that there were issues with the breathalyzer machine. Right before he blew there was a failure readout in the machine. Thus the results could not be trusted
Result: The State Dropped the BUI.
Feb 16, 2021 Case: 20-MM-001747 Judge J. Steele
Facts: The defendant was stopped on his boat for speeding and for a safety inspection. Officers noticed the defendant to have an odor of alcohol, slurred speech, and sluggish movements. He then performed various field sobriety tests such as the palm pat and finger to nose. He was then arrested for boating under the influence and later blew a .146 and a .142 in the breath machine.
Defense: The firm pointed out that there were issues with the breathalyzer machine. Right before he blew there was a failure readout in the machine. Thus the results could not be trusted
Result: The State Dropped the BUI.
Feb 9, 2021 Case: 20-CT-000067 Judge Gutman
Facts: The defendant was the at fault driver in a crash whereby he ran a stop sign and caused a crash with another car. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank one glass of wine. After performing roadside tests, he was arrested for DUI. He later blew a .090 and a .089 in the breath machine.
Defense: The firm pointed out to the State that the defendant had brake issues which caused the car not to stop. Also, we pointed out there is a .02 margin of error in the breath machine. Thus, we were were able to place his breath test results under the legal limit.
Result: The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-003805 Judge Conrad
Facts: The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and blood shot eyes. He was confused about his location and admitted to having 4 shots of alcohol. He was taken to the hospital for injuries and later charged with DUI. He refused to provide a blood sample.
Defense: The firm pointed out that some of the injuries that the defendant sustained could have as equally been attributable to any impairment from the crash versus alcohol.
Result: The State dropped the DUI.
Feb 9, 2021 Case: AB0B20E Judge Bedinghaus
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test.
Defense: The firm pointed out that the defendant had trouble with roadside tests because he had an injured leg. One could actually see the defendant limping around on the video tape.
Result: The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-017699 Judge Gutman
Facts: The defendant was found passed out in his car by police in the middle of the night behind a closed business. Upon awakening the defendant, the officers observed an odor of alcohol, slurred speech, and glossy eyes. He admitted to having drank alcohol at a club. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .216 and a .214 in the breath machine.
Defense: Prior to trial, the frim filed a motion to suppress the lawfulness of the initial detention. In our motion we put forth there was no reasonable suspicion of a crime justifying ordering the defendant out of the car as he was simply sleeping. Also, there were many contradictions in the officers' reports. One officer stated that the defendant was found sleeping while another stated he saw the defendant getting in and out of his car as well as driving around the parking. lot. Their credibility was now called into question. The State Dropped the DUI prior any motion hearing.
Result: The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-003805 Judge Conrad
Facts: The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and blood shot eyes. He was confused about his location and admitted to having 4 shots of alcohol. He was taken to the hospital for injuries and later charged with DUI. He refused to provide a blood sample.
Defense: The firm pointed out that some of the injuries that the defendant sustained could have as equally been attributable to any impairment from the crash versus alcohol.
Result: The State dropped the DUI.
Feb 9, 2021 Case: AB0B20E Judge Bedinghaus
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test.
Defense: The firm pointed out that the defendant had trouble with roadside tests because he had an injured leg. One could actually see the defendant limping around on the video tape.
Result: The State dropped the DUI.
Feb 9, 2021 Case: 19-CT-017699 Judge Gutman
Facts: The defendant was found passed out in his car by police in the middle of the night behind a closed business. Upon awakening the defendant, the officers observed an odor of alcohol, slurred speech, and glossy eyes. He admitted to having drank alcohol at a club. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .216 and a .214 in the breath machine.
Defense: Prior to trial, the frim filed a motion to suppress the lawfulness of the initial detention. In our motion we put forth there was no reasonable suspicion of a crime justifying ordering the defendant out of the car as he was simply sleeping. Also, there were many contradictions in the officers' reports. One officer stated that the defendant was found sleeping while another stated he saw the defendant getting in and out of his car as well as driving around the parking. lot. Their credibility was now called into question. The State Dropped the DUI prior any motion hearing.
Result: The State dropped the DUI.
Feb 9, 2021 Case: 20-CT-000067 Judge Gutman
Facts: The defendant was the at fault driver in a crash whereby he ran a stop sign and caused a crash with another car. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank one glass of wine. After performing roadside tests, he was arrested for DUI. He later blew a .090 and a .089 in the breath machine.
Defense: The firm pointed out to the State that the defendant had brake issues which caused the car not to stop. Also, we pointed out there is a .02 margin of error in the breath machine. Thus, we were were able to place his breath test results under the legal limit.
Result: The State dropped the DUI.
Feb 3, 2021 Case: 20-CT-045024 Judge Babb
Facts: The defendant was stopped at a red light. When the light turned green, she did not move for several seconds. The officer then initiated a traffic stop. He observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .179 and a .177 in the breath machine.
Defense: Although the defendant did not drive immediately, there was no infraction since no traffic was affected. In today's day and age with technology, one could have been looking at their cell phone or radio etc. The lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Feb 3, 2021 Case: 20-CT-045024 Judge Babb
Facts: The defendant was stopped at a red light. When the light turned green, she did not move for several seconds. The officer then initiated a traffic stop. He observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .179 and a .177 in the breath machine.
Defense: Although the defendant did not drive immediately, there was no infraction since no traffic was affected. In today's day and age with technology, one could have been looking at their cell phone or radio etc. The lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Feb 2, 2021 Case: 19-016495MU10A Judge Gottlieb
Facts: He had a flushed face and appeared very sleepy. As the investigation went on, officers believed that the defendant was impaired by drugs, and not alcohol. He then performed field sobriety tests and was arrested for DUI. He later provided a urine sample which tested positive for marijuana.
Defense: The firm took pretrial depositions of the officers. After lengthy questioning, we were able to establish that there was no "reasonable cause" pursuant to the DUI Statute for the officers to have even requested urine to begin with. Due to the fact the State could lose the urine test, they Dropped the DUI.
Result: The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-009386 Judge Conrad
Facts: The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having drank beer and smoked marijuana. There were several empty beer cans in the car. After performing roadside tests, he was arrested for DUI. He later blew a .20 and a .182 in the breath machine.
Defense: Many observations written by the officer were contradicted by the video tape.
Result: The State dropped the DUI.
Feb 2, 2021 Case: 20-CT-010050 Judge Conrad
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then performed numerous roadside tests on tape. He was then arrested for DUI and later refused the breath test.
Defense: The firm pointed out that any impairment could have just as easily been caused by the defendant's very high blood sugar taken by EMS at the scene versus alcohol.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.