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

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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
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OUR RECENT VICTORIES

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 10, 2020 Case: 20-CT-010598 Judge Castor
Facts: The defendant was pulled over for driving all over the road. The officer noticed the defendant to have an odor of alcohol and bloodshot eyes. He was unable to divide his attention and could not focus on the officer’s questions. He performed very poorly on the roadside tests and was arrested for DUI. He later agreed to a blood draw due to having being taken the hospital. The blood was a .178 after being tested.
Defense: The firm brought to the State's attention numerous issues as to whether the blood draw was unlawful.
Result: The State dropped the DUI.
Dec 10, 2020 Case: AD0B1JE Judge Hessinger
Facts: The defendant was found by police sitting in her car. They had responded to call about a female being passed out. The officer noticed an odor of alcohol, glassy/watery eyes, and slurred speech. She also stumbled on her words. She fell while getting out of her car and leaned on the vehicle. She only performed the HGN (eye test) and then refused further roadside tests. She was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: Under Florida law, an officer must advise a defendant of adverse consequences if they refuse roadsides tests. Here, the officer did not advise the defendant of any consequences so the refusal to perform field sobriety tests would have been excluded from evidence. Also, many of the observations the officer wrote in his reports were contradicted by he video tape.
Result: The State Dropped the Defendant's Second DUI.
Dec 10, 2020 Case: AD0B1JE Judge Hessinger
Facts: The defendant was found by police sitting in her car. They had responded to call about a female being passed out. The officer noticed an odor of alcohol, glassy/watery eyes, and slurred speech. She also stumbled on her words. She fell while getting out of her car and leaned on the vehicle. She only performed the HGN (eye test) and then refused further roadside tests. She was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: Under Florida law, an officer must advise a defendant of adverse consequences if they refuse roadsides tests. Here, the officer did not advise the defendant of any consequences so the refusal to perform field sobriety tests would have been excluded from evidence. Also, many of the observations the officer wrote in his reports were contradicted by he video tape.
Result: The State Dropped the Defendant's Second DUI.
Dec 10, 2020 Case: 20-CT-010598 Judge Castor
Facts: The defendant was pulled over for driving all over the road. The officer noticed the defendant to have an odor of alcohol and bloodshot eyes. He was unable to divide his attention and could not focus on the officer’s questions. He performed very poorly on the roadside tests and was arrested for DUI. He later agreed to a blood draw due to having being taken the hospital. The blood was a .178 after being tested.
Defense: The firm brought to the State's attention numerous issues as to whether the blood draw was unlawful.
Result: The State dropped the DUI.
Dec 8, 2020 Case: 20-CT-006676 Judge Damico
Facts: The defendant was stopped for failing to maintain a single lane. In addition, a civilian previously called 911 stating the defendant appeared to be a drunk driver and was driving on the wrong side of the road. The officer observed an odor of alcohol, red eyes, and he admitted to having drank 3 or 4 glasses of wine. After performing poorly on roadside test, he was arrested for DUI. He later refused the breath test.
Defense: The defendant is diabetic and many of his medical symptoms that he exhibited were consistent with alcohol impairment. Thus, there was reasonable doubt as to whether he was impaired from his medical condition versus alcohol.
Result: The State Dropped the DUI.
Dec 8, 2020 Case: 20-CT-009168 Judge Damico
Facts: The defendant was stopped for making a wide turn and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having drank wine. She performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The officer reports contradicted the video tape.
Result: The State dropped the DUI.
Dec 8, 2020 Case: 20-CT-006676 Judge Damico
Facts: The defendant was stopped for failing to maintain a single lane. In addition, a civilian previously called 911 stating the defendant appeared to be a drunk driver and was driving on the wrong side of the road. The officer observed an odor of alcohol, red eyes, and he admitted to having drank 3 or 4 glasses of wine. After performing poorly on roadside test, he was arrested for DUI. He later refused the breath test.
Defense: The defendant is diabetic and many of his medical symptoms that he exhibited were consistent with alcohol impairment. Thus, there was reasonable doubt as to whether he was impaired from his medical condition versus alcohol.
Result: The State Dropped the DUI.
Dec 8, 2020 Case: 20-CT-009168 Judge Damico
Facts: The defendant was stopped for making a wide turn and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having drank wine. She performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The officer reports contradicted the video tape.
Result: The State dropped the DUI.
Dec 3, 2020 Case: 20-CT-008371 Judge Gutman
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, a blank/dazed look, and watery eyes. He had an open beer on the car and moved very slow and deliberate. The defendant refused to perform any field sobriety tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Defense: Parks & Braxton pointed out to the State that based on the video and police reports, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Dec 3, 2020 Case: 19-CT-002608 Judge Inman
Facts: The defendant was stopped for driving with no headlights and flat tires. The officer observed an odor of alcohol, bloodshot eyes, and he also staggered. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The video of the defendant's roadsides contradicted the officer reports as to the level of alleged impairment. Due to the conflicts, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 3, 2020 Case: 20-CT-008371 Judge Gutman
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, a blank/dazed look, and watery eyes. He had an open beer on the car and moved very slow and deliberate. The defendant refused to perform any field sobriety tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Defense: Parks & Braxton pointed out to the State that based on the video and police reports, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Dec 3, 2020 Case: 19-CT-002608 Judge Inman
Facts: The defendant was stopped for driving with no headlights and flat tires. The officer observed an odor of alcohol, bloodshot eyes, and he also staggered. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The video of the defendant's roadsides contradicted the officer reports as to the level of alleged impairment. Due to the conflicts, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 25, 2020 Case: ADB9LKE Judge Szematowicz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot/watery eyes. The defendant also had slurred speech and denied drinking. He then performed various field sobriety tests and was arrested for DUI. He later blew a .132 and a .129 in the breath machine.
Defense: On video, the defendant's speech was not slurred which contradicted the reports. Also, he performed much better on the roadsides on tape than as written. Finally, the firm was able to show the State that the defendant was under the legal limit at the time of driving by extrapolating back the defendant's breath alcohol level to the the time of driving.
Result: The State dropped the DUI.
Nov 25, 2020 Case: AD0AW0E Judge Szematowicz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol. slow/slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .098 and a .094 in the breath machine.
Defense: Parks & Braxton was able to show the State that the defendant was under the legal limit due to the .02 margin of error in the breath machine. Also, we pointed out to the State that based on the video there was no probable cause to arrest the Defendant for DUI.
Result: The State dropped the DUI.
Nov 25, 2020 Case: ADB9LKE Judge Szematowicz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, a flushed face, and bloodshot/watery eyes. The defendant also had slurred speech and denied drinking. He then performed various field sobriety tests and was arrested for DUI. He later blew a .132 and a .129 in the breath machine.
Defense: On video, the defendant's speech was not slurred which contradicted the reports. Also, he performed much better on the roadsides on tape than as written. Finally, the firm was able to show the State that the defendant was under the legal limit at the time of driving by extrapolating back the defendant's breath alcohol level to the the time of driving.
Result: The State dropped the DUI.
Nov 25, 2020 Case: AD0AW0E Judge Szematowicz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol. slow/slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .098 and a .094 in the breath machine.
Defense: Parks & Braxton was able to show the State that the defendant was under the legal limit due to the .02 margin of error in the breath machine. Also, we pointed out to the State that based on the video there was no probable cause to arrest the Defendant for DUI.
Result: The State dropped the DUI.
Nov 20, 2020 Case: 20-CT-000289 Judge Conrad
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slow/stammered speech. The defendant stated he had drank a beer and Jack Daniels with water. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was subsequently arrested for DUI and later blew a .126 and a .121 in the breath machine.
Defense: The firm pointed out that the defendant's performance on the field sobriety tests on the tape clearly showed he was lower than .08. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 20, 2020 Case: 19-CT-020521 Judge Conrad
Facts: The officer stopped the defendant to conduct a welfare check as he was failing to maintain a single lane. The defendant had an odor of alcohol, glassy watery eyes, and slurred speech. He also had fumbling fingers, difficulty opening the car door, vomit on his shirt, and he continuously spit during the investigation. The defendant stated he had drank 3-4 beers along with 2-3 shots of alcohol. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .189 and a .186 in the breath machine.
Defense: The lawfulness of the traffic stop was called into question. The reports were vague as to the length of the driving pattern, distance, and time frame. It was also unclear if any traffic had been affected. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 20, 2020 Case: 20-CT-000289 Judge Conrad
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slow/stammered speech. The defendant stated he had drank a beer and Jack Daniels with water. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was subsequently arrested for DUI and later blew a .126 and a .121 in the breath machine.
Defense: The firm pointed out that the defendant's performance on the field sobriety tests on the tape clearly showed he was lower than .08. The State Dropped the DUI.
Result: The State dropped the DUI.

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