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

Jun 22, 2020 Case: 19-CT-056664 Judge Babb
Facts: The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine.
Defense: Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Jun 11, 2020 Case: AALGFFE Judge Berlin
Facts: The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Jun 11, 2020 Case: AALGFFE Judge Berlin
Facts: The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Jun 2, 2020 Case: 20-CT-500329 Judge Swett
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
Defense: After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
Result: The DUI was dismissed.
Jun 2, 2020 Case: 20-CT-500329 Judge Swett
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility.
Defense: After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI.
Result: The DUI was dismissed.
Mar 10, 2020 Case: 2019-CT-012318 Judge Conrad
Facts: The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Defense: Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
Result: The State dropped the DUI.
Mar 10, 2020 Case: 19-CT-016734 Judge Conrad
Facts: The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
Defense: The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 10, 2020 Case: 2019-CT-012318 Judge Conrad
Facts: The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license.
Defense: Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge.
Result: The State dropped the DUI.
Mar 10, 2020 Case: 19-CT-016734 Judge Conrad
Facts: The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
Defense: The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-048644 Judge Jacobus
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He appeared unsteady and moved slowly. After performing very poorly on the roadside tests, he was arrested for DUI. He later blew a .217 and a .212 in the breath machine.
Defense: The firm raised issues as to the lawfulness of the traffic stop. The State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 9, 2020 Case: 2019-CT-051738 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. He also had slurred speech and a drowsy expression. He then performed roadside tests and was arrested for DUI. He later blew a .083 in the breath machine.
Defense: Due to the margins of error in the breath machine, the firm was able to bring the defendant's breath alcohol under the .08 legal limit. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-029266 Judge Jacobus
Facts: The defendant was pulled over for weaving. The officer observed an odor of alcohol, watery eyes, a flushed face, and slow movements. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The officer did not advise the defendant of any adverse consequences, as required by law, when he refused the roadside tests. Thus, the defendant's refusal would have been suppressed. The State dropped the Second DUI to a civil infraction.
Result: The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-048644 Judge Jacobus
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He appeared unsteady and moved slowly. After performing very poorly on the roadside tests, he was arrested for DUI. He later blew a .217 and a .212 in the breath machine.
Defense: The firm raised issues as to the lawfulness of the traffic stop. The State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 9, 2020 Case: 2019-CT-051738 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. He also had slurred speech and a drowsy expression. He then performed roadside tests and was arrested for DUI. He later blew a .083 in the breath machine.
Defense: Due to the margins of error in the breath machine, the firm was able to bring the defendant's breath alcohol under the .08 legal limit. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 9, 2020 Case: 2019-CT-029266 Judge Jacobus
Facts: The defendant was pulled over for weaving. The officer observed an odor of alcohol, watery eyes, a flushed face, and slow movements. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The officer did not advise the defendant of any adverse consequences, as required by law, when he refused the roadside tests. Thus, the defendant's refusal would have been suppressed. The State dropped the Second DUI to a civil infraction.
Result: The State dropped the DUI.
Mar 5, 2020 Case: 19-CT-013977 Judge Farr
Facts: The defendant was stopped for weaving and braking erratically. The defendant had an odor of alcohol, bloodshot eyes, and he he swayed while he stood. The defendant only agreed to perform HGN (eye test) and then refused further testing. He was arrested for DUI and later refused the breath test.
Defense: Under Florida law, an officer must explain that there are adverse consequences if you refuse to perform field sobriety tests. Here, the officer did not, so the refusal would have been excluded from evidence. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 5, 2020 Case: 19-CT-013977 Judge Farr
Facts: The defendant was stopped for weaving and braking erratically. The defendant had an odor of alcohol, bloodshot eyes, and he he swayed while he stood. The defendant only agreed to perform HGN (eye test) and then refused further testing. He was arrested for DUI and later refused the breath test.
Defense: Under Florida law, an officer must explain that there are adverse consequences if you refuse to perform field sobriety tests. Here, the officer did not, so the refusal would have been excluded from evidence. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-017527 Judge Myers
Facts: The defendant was stopped for following another car too closely and speeding. The officer noticed an odor of alcohol, slurred speech, and unstable balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Prior to trial, the firm pointed out to the State that the the defendant had medical issues, yet the officer still had him do the one leg stand versus non physical exercises. Also, many observations were contradicted by the video as the defendant's speech was not slurred and he was not off balance. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-009766 Judge Jeske
Facts: The defendant was the at fault driver in a rear end traffic crash. There was no odor of alcohol, however, the officer observed the defendant to have pinpoint pupils, slow/slurred speech, and he was falling asleep mid-sentence. He also had a very difficult time focusing. After failing roadside tests, he was arrested for DUI. He later provided a urine sample which tested tested positive at FDLE for various controlled substances. This was the defendant's Second DUI.
Defense: Although the officer stated in his reports that the defendant was falling asleep, that was contradicted by the video where he seemed alert and awake. Also, the officer should have called for a DUI officer who specializes in detecting impairment by specific categories of drugs, called a DRE (drug recognition officer). That was not done. The State dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Mar 4, 2020 Case: 19-CT-009766 Judge Jeske
Facts: The defendant was the at fault driver in a rear end traffic crash. There was no odor of alcohol, however, the officer observed the defendant to have pinpoint pupils, slow/slurred speech, and he was falling asleep mid-sentence. He also had a very difficult time focusing. After failing roadside tests, he was arrested for DUI. He later provided a urine sample which tested tested positive at FDLE for various controlled substances. This was the defendant's Second DUI.
Defense: Although the officer stated in his reports that the defendant was falling asleep, that was contradicted by the video where he seemed alert and awake. Also, the officer should have called for a DUI officer who specializes in detecting impairment by specific categories of drugs, called a DRE (drug recognition officer). That was not done. The State dropped the defendant's Second DUI.
Result: The State dropped the DUI.

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