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

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 13, 2021 Case: 20-CT-033349 Judge Ingram
Facts: The defendant was stopped for having an inoperable tag light. The defendant had an odor of alcohol, bloodshot eyes, and fumbled with her documents. She stated she had drank two alcoholic beverages, swayed while she stood, and had changing emotions. After performing field sobriety tests, she was arrested for DUI. She later blew a .205 and a .204 in the breath machine.
Defense: The firm pointed out that the video tape of the defendant showed that her blood alcohol level may have been lower at the time of driving via the theory of absorption and elimination of alcohol.
Result: The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-041524 Judge Ingram
Facts: The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, glassy eyes, mumbled speech, and a flushed face. According to the officer, he fumbled with his wallet and provided the wrong documents. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton was able to establish that there was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, many observations written by the officer were contradicted by the video tape.
Result: The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-033349 Judge Ingram
Facts: The defendant was stopped for having an inoperable tag light. The defendant had an odor of alcohol, bloodshot eyes, and fumbled with her documents. She stated she had drank two alcoholic beverages, swayed while she stood, and had changing emotions. After performing field sobriety tests, she was arrested for DUI. She later blew a .205 and a .204 in the breath machine.
Defense: The firm pointed out that the video tape of the defendant showed that her blood alcohol level may have been lower at the time of driving via the theory of absorption and elimination of alcohol.
Result: The State dropped the DUI.
Jan 13, 2021 Case: 20-CT-041524 Judge Ingram
Facts: The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, glassy eyes, mumbled speech, and a flushed face. According to the officer, he fumbled with his wallet and provided the wrong documents. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton was able to establish that there was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, many observations written by the officer were contradicted by the video tape.
Result: The State dropped the DUI.
Jan 12, 2021 Case: 20-CT-002296 Judge Healis
Facts: A civilian called 911 stating that the defendant was driving all over the road and almost caused a head on collision. Deputies arrived and detained the defendant. They observed an odor of alcohol, slurred speech, and she was so unsteady that she almost fell over. The defendant was asked to perform roadside tests and she refused. She was then arrested for DUI and later refused the breath test.
Defense: When officers arrived on scene, the defendant was parking her car at her house. She was immediately placed in handcuffs prior to the DUI officer even arriving. The firm pointed out to the state that at that point there was no probable cause to cuff her. We explained to the State that it was an illegal defacto arrest as she did not have a weapon nor was she trying to flee. Also, the DUI officer never advised the defendant of any adverse consequences when she refused to perform field sobriety tests as required by law. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 12, 2021 Case: 20-CT-002296 Judge Healis
Facts: A civilian called 911 stating that the defendant was driving all over the road and almost caused a head on collision. Deputies arrived and detained the defendant. They observed an odor of alcohol, slurred speech, and she was so unsteady that she almost fell over. The defendant was asked to perform roadside tests and she refused. She was then arrested for DUI and later refused the breath test.
Defense: When officers arrived on scene, the defendant was parking her car at her house. She was immediately placed in handcuffs prior to the DUI officer even arriving. The firm pointed out to the state that at that point there was no probable cause to cuff her. We explained to the State that it was an illegal defacto arrest as she did not have a weapon nor was she trying to flee. Also, the DUI officer never advised the defendant of any adverse consequences when she refused to perform field sobriety tests as required by law. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2021 Case: 19-CT-016323 Judge Farr
Facts: The defendant was stopped for weaving and driving too fast and then slow. She also almost hit a curb. The officers observed an odor of alcohol, slurred speech, and red eyes. Her movements were lethargic as well. She performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI. The firm also represented her on her first DUI and got that DUI Dropped.
Defense: The video contradicted many of the written observations. The firm also beat her first DUI as well.
Result: The State dropped the DUI.
Jan 8, 2021 Case: 19-016484MU10A Judge Solomon
Facts: The the defendant was the at fault driver in a crash whereby she hit traffic control devices. When officers arrived, they observed an odor of alcohol, slurred speech, and bloodshot eyes. She was crying and admitted to having drank whiskey. After performing poorly on roadside tests, she was arrested for DUI. She later refused the breath test.
Defense: Parks & Braxton took pretrial depositions in the case. After taking sworn testimony, the firm filed a motion to suppress for an unlawful arrest. Prior to any motion hearing, the State conceded and Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2021 Case: 19-016484MU10A Judge Solomon
Facts: The the defendant was the at fault driver in a crash whereby she hit traffic control devices. When officers arrived, they observed an odor of alcohol, slurred speech, and bloodshot eyes. She was crying and admitted to having drank whiskey. After performing poorly on roadside tests, she was arrested for DUI. She later refused the breath test.
Defense: Parks & Braxton took pretrial depositions in the case. After taking sworn testimony, the firm filed a motion to suppress for an unlawful arrest. Prior to any motion hearing, the State conceded and Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2021 Case: 19-CT-016323 Judge Farr
Facts: The defendant was stopped for weaving and driving too fast and then slow. She also almost hit a curb. The officers observed an odor of alcohol, slurred speech, and red eyes. Her movements were lethargic as well. She performed poorly on the roadside tests and was arrested for DUI. This was the defendant's Second DUI. The firm also represented her on her first DUI and got that DUI Dropped.
Defense: The video contradicted many of the written observations. The firm also beat her first DUI as well.
Result: The State dropped the DUI.
Dec 15, 2020 Case: 19-CT-018362 Judge Farr
Facts: The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and he appeared unsteady. His pupils were dilated and he denied drinking. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The description on the defendant's roadsides were vague. Thus, the firm pointed out to the State that there was lack of probable cause to make the arrest.
Result: The State dropped the DUI.
Dec 15, 2020 Case: 19-CT-018362 Judge Farr
Facts: The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and he appeared unsteady. His pupils were dilated and he denied drinking. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The description on the defendant's roadsides were vague. Thus, the firm pointed out to the State that there was lack of probable cause to make the arrest.
Result: The State dropped the DUI.
Dec 14, 2020 Case: 20-CT-007463 Judge Collins
Facts: The defendant was stopped by police after a person called 911 stating that the defendant was driving erratically. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled with his paperwork. He performed very poorly on the roadside tests. For example, he could not state the alphabet properly. On the one leg stand, he put his foot down and raised his arms for balance. He was arrested for DUI and later refused the breath test.
Defense: Due to the caller being vague as to the specific nature of the erratic driving pattern, the lawfulness of the traffic stop was called into question by the firm.
Result: The State dropped the DUI.
Dec 14, 2020 Case: 20-CT-007463 Judge Collins
Facts: The defendant was stopped by police after a person called 911 stating that the defendant was driving erratically. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also fumbled with his paperwork. He performed very poorly on the roadside tests. For example, he could not state the alphabet properly. On the one leg stand, he put his foot down and raised his arms for balance. He was arrested for DUI and later refused the breath test.
Defense: Due to the caller being vague as to the specific nature of the erratic driving pattern, the lawfulness of the traffic stop was called into question by the firm.
Result: The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-500714 Judge George
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and his movements were lethargic. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
Defense: The defendant had told the officer prior to the field sobriety tests that he had both hips replaced. Yet they still had him perform the physical tests. The firm provided the State with numerous medical records supporting the defendant's claim of the hip replacements. There was doubt as to whether or not the impairment that he exhibited was due to alcohol or his injuries.
Result: The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-036615 Judge Peacock
Facts: The defendant was stopped after he drove in between various barricades on a road that was being built. His car eventually got stuck in the sand at the dead end of the road. The officers observed an odor of alcohol, slurred speech, and he also staggered. He also had glassy eyes and swayed while he stood. He refused to perform roadside tests and was arrested for DUI.
Defense: The firm called into question the lawfulness of the detention by the officer. There was no probable cause to order him out of the car.
Result: The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-037546 Judge Peacock
Facts: The defendant was stopped for driving on the solid yellow line dividing the north and south bound lanes. The defendant had an odor of alcohol, watery eyes, and a flushed/red face. He appeared unsteady and swayed. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The lawfulness of the traffic stop was called into question. There was no traffic affected by the defendant's driving, it was unknown how long he drove on the line, and the distance was unknown.
Result: The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-500714 Judge George
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and his movements were lethargic. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test.
Defense: The defendant had told the officer prior to the field sobriety tests that he had both hips replaced. Yet they still had him perform the physical tests. The firm provided the State with numerous medical records supporting the defendant's claim of the hip replacements. There was doubt as to whether or not the impairment that he exhibited was due to alcohol or his injuries.
Result: The State dropped the DUI.
Dec 11, 2020 Case: 20-CT-036615 Judge Peacock
Facts: The defendant was stopped after he drove in between various barricades on a road that was being built. His car eventually got stuck in the sand at the dead end of the road. The officers observed an odor of alcohol, slurred speech, and he also staggered. He also had glassy eyes and swayed while he stood. He refused to perform roadside tests and was arrested for DUI.
Defense: The firm called into question the lawfulness of the detention by the officer. There was no probable cause to order him out of the car.
Result: The State dropped the DUI.

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