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
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OUR RECENT VICTORIES

Sep 9, 2020 Case: 20-CT-013607 Judge Jacobus
Facts: The defendant was stopped coming out of a bar parking lot. According to the officer, his car lost traction and accelerated heavily. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having drank IPA beers. He then performed roadside tests and was arrested for DUI. He later blew a .08 and a .08 in the breath machine.
Defense: In order to lawfully stop an individual, there must be probable cause to conduct the traffic stop. Here, since no traffic or pedestrians were affected by the defendant's actions of peeling out, the stop was unlawful. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 8, 2020 Case: 20-CT-000066 Judge Farr
Facts: The defendant was stopped for weaving. He was straddling the lane markers and drifting from side to side. The officer noticed an odor of alcohol and bloodshot eyes. He then performed field sobriety tests and the defendant was arrested for DUI. He later blew a .153 and a .139 in the breath machine.
Defense: No traffic was affected by the defendant's driving and he was stopped very quickly. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 8, 2020 Case: 20-CT-000066 Judge Farr
Facts: The defendant was stopped for weaving. He was straddling the lane markers and drifting from side to side. The officer noticed an odor of alcohol and bloodshot eyes. He then performed field sobriety tests and the defendant was arrested for DUI. He later blew a .153 and a .139 in the breath machine.
Defense: No traffic was affected by the defendant's driving and he was stopped very quickly. This called into question the lawfulness of the traffic stop. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 2, 2020 Case: AALGLIE Judge Bedinghaus
Facts: The defendant was stopped for driving erratically. He was driving slow, then fast, and also weaving. The officer observed an odor of alcohol, slurred speech, and he had trouble finding his drivers license. He stated he had drank tequila and beer. After performing the walk and turn and one leg stand tests, he was arrested for DUI.
Defense: The police reports over exaggerated the defendant's level of impairment as compared to the police car dash cam video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 2, 2020 Case: 2018-MM-001126 Judge Hamilton
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 2, 2020 Case: 2018-MM-001126 Judge Hamilton
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 2, 2020 Case: AALGLIE Judge Bedinghaus
Facts: The defendant was stopped for driving erratically. He was driving slow, then fast, and also weaving. The officer observed an odor of alcohol, slurred speech, and he had trouble finding his drivers license. He stated he had drank tequila and beer. After performing the walk and turn and one leg stand tests, he was arrested for DUI.
Defense: The police reports over exaggerated the defendant's level of impairment as compared to the police car dash cam video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001399 Judge Conrad
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001820 Judge Conrad
Facts: The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The video tape contradicted many of the officer’s written reports. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-003251 Judge Conrad
Facts: The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001399 Judge Conrad
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-001820 Judge Conrad
Facts: The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The video tape contradicted many of the officer’s written reports. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 1, 2020 Case: 20-CT-003251 Judge Conrad
Facts: The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-057710 Judge Peacock
Facts: The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine.
Defense: The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-022104 Judge Damico
Facts: The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine.
Defense: There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-016761 Judge Jeske
Facts: The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting.
Defense: A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-022104 Judge Damico
Facts: The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine.
Defense: There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-057710 Judge Peacock
Facts: The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine.
Defense: The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 27, 2020 Case: 19-CT-016761 Judge Jeske
Facts: The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting.
Defense: A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 26, 2020 Case: 19-CM-013013 Judge Jeske
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank beers. The defendant then performed field sobriety tests and was subsequently arrested for DUI. He later refused the breath test.
Defense: The defendant had a pelvic hernia which was supported by medical documentation. Yet, the officer still had him do the one leg stand and walk and turn exercises. There was doubt whether any impairment was due to his injury versus alcohol. The State Dropped the DUI.
Result: The State dropped the DUI.

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