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

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 13, 2020 Case: 19-014349MU10A Judge Solomon
Facts: The defendant was stopped after the officer observed him cross the yellow lane marker a full tire width, nearly strike the center median, and then drifting all over. The officer observed an odor of alcohol, a flushed face, bloodshot eyes, and he stated he had consumed 4 vodka drinks. He performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line, used his arms for balance, and had to stop to steady himself. On the one leg stand, he put his foot down and raised his arms for balance. He was then arrested for DUI and later refused the breath test.
Defense: Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. At the motion hearing, the prosecutor played the video of the incident and put on testimony of the DUI task force officer. The officer testified that the video was not a complete story of the driving pattern. Specifically, the driving pattern prior to the video was more erratic than what the video revealed. The Court agreed with Parks and Braxton in that the video was the best evidence and concluded that while the video did show a vehicle weaving within the lane, the severity did not rise to the level of "significant and continuous" required by case law. The Court granted the motion and excluded all of the evidence. The DUI was Dismissed.
Result: The DUI was dismissed.
Nov 13, 2020 Case: 19-014349MU10A Judge Solomon
Facts: The defendant was stopped after the officer observed him cross the yellow lane marker a full tire width, nearly strike the center median, and then drifting all over. The officer observed an odor of alcohol, a flushed face, bloodshot eyes, and he stated he had consumed 4 vodka drinks. He performed poorly on roadside tests. For example, on the walk and turn, he stepped off the line, used his arms for balance, and had to stop to steady himself. On the one leg stand, he put his foot down and raised his arms for balance. He was then arrested for DUI and later refused the breath test.
Defense: Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. At the motion hearing, the prosecutor played the video of the incident and put on testimony of the DUI task force officer. The officer testified that the video was not a complete story of the driving pattern. Specifically, the driving pattern prior to the video was more erratic than what the video revealed. The Court agreed with Parks and Braxton in that the video was the best evidence and concluded that while the video did show a vehicle weaving within the lane, the severity did not rise to the level of "significant and continuous" required by case law. The Court granted the motion and excluded all of the evidence. The DUI was Dismissed.
Result: The DUI was dismissed.
Nov 5, 2020 Case: 20-CT-006872 Judge Booras
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. His movements were slow and deliberate, he appeared unsteady, and he stated had consumed a few drinks. After performing various field sobriety tests, he was arrested for DUI. He then blew a .080 and a .081 in the breath machine.
Defense: The firm pointed out there is a built in .005 and .02 margins of error with breath readings. We were able to then bring the defendant's results under the legal limit. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 5, 2020 Case: 20-CT-006872 Judge Booras
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. His movements were slow and deliberate, he appeared unsteady, and he stated had consumed a few drinks. After performing various field sobriety tests, he was arrested for DUI. He then blew a .080 and a .081 in the breath machine.
Defense: The firm pointed out there is a built in .005 and .02 margins of error with breath readings. We were able to then bring the defendant's results under the legal limit. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 4, 2020 Case: 20-CT-002010 Judge Farr
Facts: A civilian called police after seeing the defendant swerving and hitting a wall on the bridge. Officers found the defendant asleep in a parking lot with the right front tire shredded. They observed him to have an odor of alcohol, glassy/bloodshot eyes, and he stated that he had drank whiskey. He then performed the walk and turn, one leg stand and HGN (eye test) exercises. He was then arrested for DUI and later refused the breath test.
Defense: When officers found the defendant, he was sleeping in a reclined drivers seat. Since no officer actually saw him driving, he wasn't in actual physical control because he had no capability of operating the car while sleeping. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 4, 2020 Case: 19-CT-016625 Judge Farr
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glass/watery eyes, and slurred speech. The defendant then performed various field sobriety tests including the finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense: Based on the contradictions in all the evidence, the firm was able to show the State that there was a lack of probable cause to make the arrest. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 4, 2020 Case: 20-CT-002010 Judge Farr
Facts: A civilian called police after seeing the defendant swerving and hitting a wall on the bridge. Officers found the defendant asleep in a parking lot with the right front tire shredded. They observed him to have an odor of alcohol, glassy/bloodshot eyes, and he stated that he had drank whiskey. He then performed the walk and turn, one leg stand and HGN (eye test) exercises. He was then arrested for DUI and later refused the breath test.
Defense: When officers found the defendant, he was sleeping in a reclined drivers seat. Since no officer actually saw him driving, he wasn't in actual physical control because he had no capability of operating the car while sleeping. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 4, 2020 Case: 19-CT-016625 Judge Farr
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glass/watery eyes, and slurred speech. The defendant then performed various field sobriety tests including the finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense: Based on the contradictions in all the evidence, the firm was able to show the State that there was a lack of probable cause to make the arrest. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 20-CT-000597 Judge Nicola
Facts: The defendant was stopped for driving with his high beams on. The officer noticed an odor of alcohol, slurred speech, and a flushed face. He also admitted to having drank 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The officer's reports exaggerated all the alleged indicators of impairment prior to and during the roadside tests. This was brought to the State's attention by the firm and they Dropped the Defendant's Second DUI and he received no criminal conviction on his record.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-012953 Judge Myers
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, watery eyes, fumbling fingers, and slurred speech. She had difficulty following instructions and leaned on the car for balance. Roadside tests were stopped for safety concerns, due to her level of intoxication. She was arrested for DUI and later refused the breath test.
Defense: The firm was able to show that the defendant never actually refused to give a breath test and it was due to the machine. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-013373 Judge Myers
Facts: The defendant ran a red light and ended up in an embankment. When officers and fire rescue arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and a sway while he stood. He was asked to perform roadside tests but he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: When a defendant refuses to perform roadside tests, the officer must advise of the adverse consequences for refusing. or the refusal is excluded from evidence. Here, the officer did not give any adverse consequences and immediately arrested the Defendant. The State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 20-CT-000597 Judge Nicola
Facts: The defendant was stopped for driving with his high beams on. The officer noticed an odor of alcohol, slurred speech, and a flushed face. He also admitted to having drank 3 beers. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The officer's reports exaggerated all the alleged indicators of impairment prior to and during the roadside tests. This was brought to the State's attention by the firm and they Dropped the Defendant's Second DUI and he received no criminal conviction on his record.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-012953 Judge Myers
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, watery eyes, fumbling fingers, and slurred speech. She had difficulty following instructions and leaned on the car for balance. Roadside tests were stopped for safety concerns, due to her level of intoxication. She was arrested for DUI and later refused the breath test.
Defense: The firm was able to show that the defendant never actually refused to give a breath test and it was due to the machine. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 28, 2020 Case: 19-CT-013373 Judge Myers
Facts: The defendant ran a red light and ended up in an embankment. When officers and fire rescue arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and a sway while he stood. He was asked to perform roadside tests but he refused. He was then arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: When a defendant refuses to perform roadside tests, the officer must advise of the adverse consequences for refusing. or the refusal is excluded from evidence. Here, the officer did not give any adverse consequences and immediately arrested the Defendant. The State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000303 Judge Jeske
Facts: The defendant was stopped after almost sideswiping an officer and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. After performing some field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: On tape, the officer kept interrupting the defendant. The firm pointed out that this is what caused the defendant's mishaps on the roadside tests, not any alcohol impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-004083 Judge Jeske
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and a blank stare. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton was able to show that there was no probable cause to arrest the defendant for DUI based on all the reports and video tape. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-020145 Judge Farr
Facts: The defendant was stopped after a manager at a bar called police saying that the defendant was intoxicated and refused an Uber ride. Once stopped, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed while he stood and admitted to drinking. He was arrested for DUI after performing roadside tests. He later blew. a .129 and a .126 in the breath machine.
Defense: There was no corroboration by the officer of any erratic driving pattern or intoxication based on the call. Thus, the lawfulness of the traffic stop was called into question. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-003345 Judge Farr
Facts: The defendant was stopped for speeding. The officer noticed her to have an odor of alcohol, slurred speech, and bloodshot eyes. She also stated that she had drank 3 beers. After performing field sobriety tests, she was arrested for DUI. She later blew. a .097 and a .092 in the breath machine.
Defense: The firm was able to take the defendant's breath results below the legal limit due to the .02 margin of error. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 27, 2020 Case: 20-CT-000309 Judge Farr
Facts: The defendant was stopped for running a red light. The officer observed the defendant to have an odor of alcohol, dilated pupils, and watery eyes. He also was nonreactive to light and had unstable balance. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The video contradicted the officer's reports on numerous specifics on the defendant's performance on the roadside tests. The State Dropped the DUI.
Result: The State dropped the DUI.

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