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

Feb 4, 2020 Case: 19-CT-001164 Judge Bell
Facts: The defendant was stopped for driving erratically. He ran a stop sign, rolled past a stop bar, weaved, and almost caused a crash. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having 2-3 beers. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew .186, .147, and .168 in the breath machine.
Defense: Only two breath samples are required in the State of Florida. Here, the machine was having issues and three were obtained. Two of them were outside the margin of error.
Result: The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-007727 Judge Farr
Facts: The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, slurred speech, and he had fumbling fingers. The defendant had bloodshot eyes and admitted to having consumed a couple of glasses of wine. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The officer's reports exaggerated the defendant's level of impairment as compared to the video tape. The firm pointed out all the specific details to the prosecutor. The State Dropped the DUI.
Result: The State dropped the DUI.
Feb 4, 2020 Case: 19-MM-007569 Judge Collins
Facts: The defendant was seen by civilians driving erratically and into oncoming traffic. When officers arrived, they observed an odor of alcohol, slurred speech, and blood shot eyes. The defendant stated she had consumed 2-3 mixed drinks. After performing the field sobriety tests, she was arrested for DUI.
Defense: When officers arrived, the defendant was outside her car. Since there was no crash, the arrest was unlawful under Florida Statute 901.15 as no officer saw her behind the wheel.
Result: The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-001164 Judge Bell
Facts: The defendant was stopped for driving erratically. He ran a stop sign, rolled past a stop bar, weaved, and almost caused a crash. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having 2-3 beers. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew .186, .147, and .168 in the breath machine.
Defense: Only two breath samples are required in the State of Florida. Here, the machine was having issues and three were obtained. Two of them were outside the margin of error.
Result: The State dropped the DUI.
Feb 4, 2020 Case: 19-CT-007727 Judge Farr
Facts: The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, slurred speech, and he had fumbling fingers. The defendant had bloodshot eyes and admitted to having consumed a couple of glasses of wine. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The officer's reports exaggerated the defendant's level of impairment as compared to the video tape. The firm pointed out all the specific details to the prosecutor. The State Dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2020 Case: 19-021238MU10A Judge Levy
Facts: The defendant was speeding and was the at fault drier in a head on collision. Upon arrival, officers observed a strong odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. On video, the defendant dropped his paperwork multiple times. The defendant complained of chest injuries and was taken to the hospital. At the hospital, a DUI officer conducted an investigation and through the interview process the defendant acknowledged to drinking 4 beers. He later refused a blood test and admitted he might he might be over the legal limit. He was arrested for DUI. This was the defendant's Second offense.
Defense: Parks & Braxton retrieved a second video. The second video revealed a DUI investigation of the victim in the crash. The State acknowledged the lack of credibility of their wheel witness and dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2020 Case: 19-CT-502728 Judge Hayward
Facts: The defendant crashed his car into a ditch. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. He also swayed while he stood and appeared off balance. He told the officers under oath that a few individuals tried to rob him and there was a struggle which caused him to roll the car into the ditch. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's third DUI and second refusal charge.
Defense: Under the legal doctrine of corpus delicti, there must be substantial independent evidence of a crime, other than the defendant's statements. Here, the State could not prove that the defendant was the driver other than his statement admitting to rolling the car into the ditch. The State Dismissed the defendant's Third DUI and also the refusal charge.
Result: The DUI was dismissed.
Jan 28, 2020 Case: 19-021238MU10A Judge Levy
Facts: The defendant was speeding and was the at fault drier in a head on collision. Upon arrival, officers observed a strong odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. On video, the defendant dropped his paperwork multiple times. The defendant complained of chest injuries and was taken to the hospital. At the hospital, a DUI officer conducted an investigation and through the interview process the defendant acknowledged to drinking 4 beers. He later refused a blood test and admitted he might he might be over the legal limit. He was arrested for DUI. This was the defendant's Second offense.
Defense: Parks & Braxton retrieved a second video. The second video revealed a DUI investigation of the victim in the crash. The State acknowledged the lack of credibility of their wheel witness and dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2020 Case: 19-CT-502728 Judge Hayward
Facts: The defendant crashed his car into a ditch. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. He also swayed while he stood and appeared off balance. He told the officers under oath that a few individuals tried to rob him and there was a struggle which caused him to roll the car into the ditch. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's third DUI and second refusal charge.
Defense: Under the legal doctrine of corpus delicti, there must be substantial independent evidence of a crime, other than the defendant's statements. Here, the State could not prove that the defendant was the driver other than his statement admitting to rolling the car into the ditch. The State Dismissed the defendant's Third DUI and also the refusal charge.
Result: The DUI was dismissed.
Jan 27, 2020 Case: 19-CT-035684 Judge Ingram
Facts: An anonymous person told the police that the defendant was passing in out of consciousness at a red light. The officer made contact with her and smelled an odor of alcohol. He also observed glassy eyes, slurred/mumbled speech, and she swayed as she stood. She refused to perform roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Defense: Parks and Braxton filed pretrial motions to suppress evidence. The first motion was that the defendant was never given any adverse consequences when she refused field sobriety tests. Also, under Florida law, a request for a breath test must be incident to lawful arrest. Here, the officer asked for a breath test on video tape prior to her arrest. The firm then filed a motion to exclude the refusal to provide breath sample. Prior to any motion hearings, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 27, 2020 Case: 19-CT-035684 Judge Ingram
Facts: An anonymous person told the police that the defendant was passing in out of consciousness at a red light. The officer made contact with her and smelled an odor of alcohol. He also observed glassy eyes, slurred/mumbled speech, and she swayed as she stood. She refused to perform roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Defense: Parks and Braxton filed pretrial motions to suppress evidence. The first motion was that the defendant was never given any adverse consequences when she refused field sobriety tests. Also, under Florida law, a request for a breath test must be incident to lawful arrest. Here, the officer asked for a breath test on video tape prior to her arrest. The firm then filed a motion to exclude the refusal to provide breath sample. Prior to any motion hearings, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 24, 2020 Case: 2019-CT-017464 Judge Bonavita
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had an orbital sway. According to the officer, he failed the field sobriety tests, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
Defense: In the NHTSA manual on roadside tests, it states that the area where roadside tests are performed must be level. In the police reports, the officer wrote that the area was level where he had the defendant do the walk and turn and one leg stand. However, the defense pointed out to the State that the parking lot area where they were performed was on a big slope. This was captured on tape. Thus, the roadsides were conducted in violation of the manual. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 24, 2020 Case: 19-CT-039783 Judge Jacobus
Facts: Officers saw the defendant as his car was stuck in a grassy drainage ditch. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant's movements were slow, lethargic, and he also stated he had drank three beers and two shots. The defendant refused to perform roadside tests and was arrested for DUI.
Defense: There was no proof that the defendant had driven while under the influence of alcohol because time had passed while the vehicle was stuck in the ditch and it was not operable when the police arrived.
Result: The State dropped the DUI.
Jan 24, 2020 Case: 2019-CT-017464 Judge Bonavita
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had an orbital sway. According to the officer, he failed the field sobriety tests, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
Defense: In the NHTSA manual on roadside tests, it states that the area where roadside tests are performed must be level. In the police reports, the officer wrote that the area was level where he had the defendant do the walk and turn and one leg stand. However, the defense pointed out to the State that the parking lot area where they were performed was on a big slope. This was captured on tape. Thus, the roadsides were conducted in violation of the manual. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 24, 2020 Case: 19-CT-039783 Judge Jacobus
Facts: Officers saw the defendant as his car was stuck in a grassy drainage ditch. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant's movements were slow, lethargic, and he also stated he had drank three beers and two shots. The defendant refused to perform roadside tests and was arrested for DUI.
Defense: There was no proof that the defendant had driven while under the influence of alcohol because time had passed while the vehicle was stuck in the ditch and it was not operable when the police arrived.
Result: The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-013937 Judge Myers
Facts: The defendant was stopped for driving with no headlights and no taillights. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. After performing the roadside tasks, she was arrested for DUI. After her arrest, she blew a .123 and a .117 in the breath machine.
Defense: Under the theory of absorption and elimination of alcohol, called retrograde extrapolation, the firm was able to put the defendants breath alcohol level under a .08 at the time of driving.
Result: The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-010416 Judge Gutman
Facts: The defendant was stopped for driving without his headlights activated. The defendant had an odor of alcohol, lethargic movements, and glassy eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .180 and a .176 in the breath machine.
Defense: The firm was able to show that the officer's video contradicted the officer's reports. Thus, the officer's credibility was called into question.
Result: The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-013937 Judge Myers
Facts: The defendant was stopped for driving with no headlights and no taillights. The officer observed an odor of alcohol, slurred speech, and bloodshot/watery eyes. After performing the roadside tasks, she was arrested for DUI. After her arrest, she blew a .123 and a .117 in the breath machine.
Defense: Under the theory of absorption and elimination of alcohol, called retrograde extrapolation, the firm was able to put the defendants breath alcohol level under a .08 at the time of driving.
Result: The State dropped the DUI.
Jan 22, 2020 Case: 19-CT-010416 Judge Gutman
Facts: The defendant was stopped for driving without his headlights activated. The defendant had an odor of alcohol, lethargic movements, and glassy eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .180 and a .176 in the breath machine.
Defense: The firm was able to show that the officer's video contradicted the officer's reports. Thus, the officer's credibility was called into question.
Result: The State dropped the DUI.
Jan 20, 2020 Case: 18-036103MU10A Judge Solomon
Facts: The defendant was stopped for speeding, running a red light, and running a stop sign. Officers smelled an odor of alcohol as well as an odor of marijuana. They observed bloodshot eyes and slurred speech. He performed very poorly on the video taped roadside tests and was arrested for DUI. He later refused the breath and urine tests.
Defense: The defendant suffers from ADHD, whereby many of the characteristics he exhibits mirror the effects of alcohol impairment. Despite the fact that the defendant's performance on the field sobriety tests were less than perfect, the defendant's medical history proved as a good explanation for the impairment. The State dropped the DUI and he received no conviction.
Result: The State dropped the DUI.

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