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
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OUR RECENT VICTORIES

Aug 26, 2020 Case: A6WGTQE Judge Dittmer
Facts: The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances.
Defense: Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. 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.
Aug 26, 2020 Case: A6WGTQE Judge Dittmer
Facts: The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances.
Defense: Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-011321MU10A Judge Diaz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests.
Defense: Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 20-CT-019479 Judge Friedland
Facts: The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine.
Defense: There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-016737 Judge Jeske
Facts: The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-016737 Judge Jeske
Facts: The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 20-CT-019479 Judge Friedland
Facts: The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine.
Defense: There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2020 Case: 19-CT-011321MU10A Judge Diaz
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests.
Defense: Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-019539 Judge Farr
Facts: The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine.
Defense: Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 20-CT-002553 Judge Farr
Facts: The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine.
Defense: While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-017861 Judge Farr
Facts: The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine.
Defense: The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-012687 Judge Farr
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-015940 Judge Farr
Facts: The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine.
Defense: There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-015940 Judge Farr
Facts: The defendant was stopped for driving with no lights and speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. Her movements were clumsy and slow, and she had a confused look on her face. After performing roadside tests, she was arrested for DUI. She later blew a .089 and a .089 in the breath machine.
Defense: There is a .02 margin of error in the breath machine. Thus, the firm was able to place the defendant 's breath alcohol level under the legal limit at the time of driving.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 20-CT-002553 Judge Farr
Facts: The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank 5 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .194 and a .190 in the breath machine.
Defense: While conducting the HGN (eye test), one cue that the officer is looking for is to see if the defendant's eyes jerk (called nystagmus) prior to 45 degrees. Under Tharpes formula, if the officer doesn't see an angle of onset prior to 45 degrees, this could indicate the defendant was under the legal limit. Here, the officer never observed an angle prior to 45 degrees leading one to believe he may have been under the legal limit at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-017861 Judge Farr
Facts: The defendant was involved in a traffic crash. It was determined by police he was not the at fault driver. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he fumbled with his documents. He stated he had drank beer. He performed roadside tests and was arrested for DUI. He later blew. a .167 and a .158 in the breath machine.
Defense: The defendant's performance on the field sobriety tests on video contradicted what the officer wrote in the reports. In addition, it was clear from his video that his breath alcohol level was lower at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-012687 Judge Farr
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and he swayed while he stood. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm was able to show many contradictions between the written police reports and video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2020 Case: 19-CT-019539 Judge Farr
Facts: The defendant was stopped for driving with no lights. Officers observed an odor of alcohol, glassy eyes, and he had stated he had drank wine. The defendant agreed to perform the HGN (eye test), walk and turn, and one leg stand exercises. He did not perform to satisfaction and was arrested for DUI. He later blew a .183 and a .177 in the breath machine.
Defense: Under the theory of absorption and elimination of alcohol, the video showed that the defendant may have been under the legal limit at the time of driving. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 11, 2020 Case: 19-CT-014103 Judge Jeske
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, and unstable balance. The defendant stated he had drank beer. He performed poorly on the roadside tests and was arrested for DUI. He later blew a .195 and a .189 in the breath machine.
Defense: The firm was able to demonstrate, that based on various issues on the video, there was a lack of probable cause to make the arrest. The State Dropped the DUI.
Result: The State dropped the DUI.

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