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
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239.217.3723
Call 24/7 Nights, Weekends & Holidays
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OUR RECENT VICTORIES

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.
Jan 29, 2021 Case: 19-005269MU10A Judge Gottlieb
Facts: The defendant was stopped for failing to stop at a stop sign. Officers observed an overwhelming odor of alcohol. He was lethargic in his actions, slow to respond, and had bloodshot eyes. The defendant admitted to having drank jack and coke, was unsteady, and also exhibited slurred speech. The defendant was arrested for DUI after performing the field sobriety tests. He later blew a .087 and a .085 in the breath machine.
Defense: Parks & Braxton took a pre trial deposition of the arresting officer. We were able to establish many inconsistencies in his testimony versus his reports. Also, the firm was able to place the defendant's breath alcohol level under the legal limit by pointing out the .02 margin of error in the breath machine.
Result: The State dropped the DUI.
Jan 29, 2021 Case: 19-005269MU10A Judge Gottlieb
Facts: The defendant was stopped for failing to stop at a stop sign. Officers observed an overwhelming odor of alcohol. He was lethargic in his actions, slow to respond, and had bloodshot eyes. The defendant admitted to having drank jack and coke, was unsteady, and also exhibited slurred speech. The defendant was arrested for DUI after performing the field sobriety tests. He later blew a .087 and a .085 in the breath machine.
Defense: Parks & Braxton took a pre trial deposition of the arresting officer. We were able to establish many inconsistencies in his testimony versus his reports. Also, the firm was able to place the defendant's breath alcohol level under the legal limit by pointing out the .02 margin of error in the breath machine.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-502723 Judge Swett
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and mumbled speech. He also had to brace himself for balance. He then performed various field sobriety tests, such as the walk and turn and finger to nose. He was then arrested for DUI.
Defense: Prior to trial, the firm pointed out to the State that the defendant's balance issues had to do with his age and medical issues.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-501557 Judge Swett
Facts: The defendant was involved in a crash whereby by she had hit numerous mailboxes and left the scene of the accidents. When officers located her, she appeared impaired. There was no odor of alcohol, however, officers noticed her to be confused, her eyes were watery and glassy, and her speech was mush mouthed and slurred. She was also very slow in her responses and gave incomplete answers to questions. She performed very poorly on roadside tests an was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was sent to FDLE and was positive for marijuana.
Defense: After her arrest, another officer conducted a DRE (drug recognition exam) to determine what class of drugs may be impairing her. The officer did not conclude that she was impaired by marijuana, but CNS Depressants. The firm pointed out that he was wrong and we called his credibility into question. The State Dropped the DUI and she received no conviction on the leaving the scene of an accident.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-009793 Judge Moses-Stephens
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He also appeared very nervous. After performing the field sobriety tests, he was arrested for DUI. He later blew a .089 and a .087 in the breath machine.
Defense: The firm was able to place the defendant's breath alcohol levels under the legal limit due to the .02 margin of error in the breath machine. The State Dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-502723 Judge Swett
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and mumbled speech. He also had to brace himself for balance. He then performed various field sobriety tests, such as the walk and turn and finger to nose. He was then arrested for DUI.
Defense: Prior to trial, the firm pointed out to the State that the defendant's balance issues had to do with his age and medical issues.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-501557 Judge Swett
Facts: The defendant was involved in a crash whereby by she had hit numerous mailboxes and left the scene of the accidents. When officers located her, she appeared impaired. There was no odor of alcohol, however, officers noticed her to be confused, her eyes were watery and glassy, and her speech was mush mouthed and slurred. She was also very slow in her responses and gave incomplete answers to questions. She performed very poorly on roadside tests an was arrested for DUI and leaving the scene of an accident. She later provided a urine sample which was sent to FDLE and was positive for marijuana.
Defense: After her arrest, another officer conducted a DRE (drug recognition exam) to determine what class of drugs may be impairing her. The officer did not conclude that she was impaired by marijuana, but CNS Depressants. The firm pointed out that he was wrong and we called his credibility into question. The State Dropped the DUI and she received no conviction on the leaving the scene of an accident.
Result: The State dropped the DUI.
Jan 28, 2021 Case: 20-CT-009793 Judge Moses-Stephens
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He also appeared very nervous. After performing the field sobriety tests, he was arrested for DUI. He later blew a .089 and a .087 in the breath machine.
Defense: The firm was able to place the defendant's breath alcohol levels under the legal limit due to the .02 margin of error in the breath machine. The State Dropped the DUI.
Result: The State dropped the DUI.
Jan 26, 2021 Case: 20-CT-010051 Judge Jeske
Facts: The defendant was stopped for swerving and stopping in the middle of an intersection. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: During pre trial discovery, Parks & Braxton uncovered that the the arresting officer had been suspended after an internal affairs investigation. His credibility was now called into question and the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 26, 2021 Case: 20-CT-010051 Judge Jeske
Facts: The defendant was stopped for swerving and stopping in the middle of an intersection. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: During pre trial discovery, Parks & Braxton uncovered that the the arresting officer had been suspended after an internal affairs investigation. His credibility was now called into question and the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2021 Case: 19-CT-025253 Judge T. Brown
Facts: Officers responded to a call about a reckless driver who had been driving up on curbs and switching lanes erratically. Officers found the defendant in a parking lot with his eyes closed in the driver's seat. Upon awakening him, they noticed an odor of alcohol, he appeared sluggish, and he had mumbled speech. He moved slowly and also swayed. After performing poorly on roadside tests, he was arrested for DUI. Officers concluded based on their observations, that he was impaired not only by alcohol, but drugs so they requested a urine test. That test later came back from FDLE positive for marijuana. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that under the DUI statute there was no "reasonable cause" to believe that the defendant was under the influence of a chemical and/or controlled substance. In other words, they had no right to even request a urine test. The State conceded prior to any motion hearing and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 21, 2021 Case: 19-CT-025253 Judge T. Brown
Facts: Officers responded to a call about a reckless driver who had been driving up on curbs and switching lanes erratically. Officers found the defendant in a parking lot with his eyes closed in the driver's seat. Upon awakening him, they noticed an odor of alcohol, he appeared sluggish, and he had mumbled speech. He moved slowly and also swayed. After performing poorly on roadside tests, he was arrested for DUI. Officers concluded based on their observations, that he was impaired not only by alcohol, but drugs so they requested a urine test. That test later came back from FDLE positive for marijuana. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that under the DUI statute there was no "reasonable cause" to believe that the defendant was under the influence of a chemical and/or controlled substance. In other words, they had no right to even request a urine test. The State conceded prior to any motion hearing and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 20, 2021 Case: 19-CT-020308 Judge Gutman
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton pointed out that there was a lack of probable cause to arrest the Defendant.
Result: The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-005804 Judge Gutman
Facts: The defendant was stopped for driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He admitted to having drank beer. After performing field sobriety tests, he was arrested for DUI. He later blew a .129 and a .129 in the breath machine.
Defense: The officer stated he had stopped the defendant to conduct a welfare check. The lawfulness of the stop was called into question as there was no danger to person or property. In addition, there was no probable cause to believe a traffic infraction had been committed by simply driving on a flat tire.
Result: The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-007970 Judge Gutman
Facts: The defendant was stopped for driving with no illuminated lights on after dark. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant struggled in finding his documents. He then performed roadside tasks such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .137 and a .135 in the breath machine.
Defense: The firm pointed out that many observations written by the officer were contradicted by the video.
Result: The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-005804 Judge Gutman
Facts: The defendant was stopped for driving on a flat tire. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He admitted to having drank beer. After performing field sobriety tests, he was arrested for DUI. He later blew a .129 and a .129 in the breath machine.
Defense: The officer stated he had stopped the defendant to conduct a welfare check. The lawfulness of the stop was called into question as there was no danger to person or property. In addition, there was no probable cause to believe a traffic infraction had been committed by simply driving on a flat tire.
Result: The State dropped the DUI.
Jan 20, 2021 Case: 20-CT-007970 Judge Gutman
Facts: The defendant was stopped for driving with no illuminated lights on after dark. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant struggled in finding his documents. He then performed roadside tasks such as the walk and turn and one leg stand. He was then arrested for DUI and later blew a .137 and a .135 in the breath machine.
Defense: The firm pointed out that many observations written by the officer were contradicted by the video.
Result: The State dropped the DUI.

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