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 22, 2019 Case: 18-036116MU10A Judge Pole
Facts: The defendant was stopped for speeding, failing to stop at a red light, and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. She stated to the officer that she had been through this before. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .090 in the breath machine.
Defense: Parks & Braxton was able to get the defendant's statements excluded. In addition, since the defendant's breath was over an hour later, the State could not prove that the defendant was over the legal limit at the time of driving. The State Dropped the DUI and she received no conviction on her record.
Result: The State dropped the DUI.
Nov 21, 2019 Case: 19-CT-034868 Judge T. Brown
Facts: The defendant was stopped for jerking the steering wheel and erratically braking. The officer observed an odor of alcohol, bloodshot glassy eyes, and she was unsteady. The defendant stated she had one drink earlier in the day. After performing roadsides tests, she was arrested for DUI.
Defense: There was no probable cause to believe any traffic infraction occurred, nor any reasonable suspicion of a crime that the defendant was an impaired driver justifying the lawfulness of the traffic stop. The State Dropped the DUI and the defendant received no criminal conviction on her record.
Result: The State dropped the DUI.
Nov 21, 2019 Case: 19-CT-034868 Judge T. Brown
Facts: The defendant was stopped for jerking the steering wheel and erratically braking. The officer observed an odor of alcohol, bloodshot glassy eyes, and she was unsteady. The defendant stated she had one drink earlier in the day. After performing roadsides tests, she was arrested for DUI.
Defense: There was no probable cause to believe any traffic infraction occurred, nor any reasonable suspicion of a crime that the defendant was an impaired driver justifying the lawfulness of the traffic stop. The State Dropped the DUI and the defendant received no criminal conviction on her record.
Result: The State dropped the DUI.
Nov 19, 2019 Case: 2019-CT-009305 Judge Conrad
Facts: The defendant was stopped for speeding (85 mph in a 55 mph zone). The officer noticed the defendant to have an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and unstable balance. The defendant admitted to having consumed three Crown Royal whiskey drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .135 and a .133 in the breath machine.
Defense: The defendant's performance on the field sobriety tests on video tape clearly showed that he was still absorbing alcohol and his breath alcohol content may have been lower than .08 at the time of driving. It should be noted that the breath test as taken almost 90 minutes after the traffic stop.
Result: The State dropped the DUI.
Nov 19, 2019 Case: 19-CT-041668 Judge Koenig
Facts: The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving in and out of traffic. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot/watery eyes. The defendant was also slow exiting the car. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Due to the defendant not performing the roadside tests, it was apparent on tape there was a lack of probable cause to arrest the defendant. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 19, 2019 Case: 19-CT-041668 Judge Koenig
Facts: The defendant was stopped for speeding (80 mph in a 50 mph zone) and weaving in and out of traffic. The officer observed an odor of alcohol, slightly slurred speech, and bloodshot/watery eyes. The defendant was also slow exiting the car. He refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Due to the defendant not performing the roadside tests, it was apparent on tape there was a lack of probable cause to arrest the defendant. The State Dropped the DUI.
Result: The State dropped the DUI.
Nov 19, 2019 Case: 2019-CT-009305 Judge Conrad
Facts: The defendant was stopped for speeding (85 mph in a 55 mph zone). The officer noticed the defendant to have an odor of alcohol, slurred speech, and fumbling fingers. He also had bloodshot eyes and unstable balance. The defendant admitted to having consumed three Crown Royal whiskey drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .135 and a .133 in the breath machine.
Defense: The defendant's performance on the field sobriety tests on video tape clearly showed that he was still absorbing alcohol and his breath alcohol content may have been lower than .08 at the time of driving. It should be noted that the breath test as taken almost 90 minutes after the traffic stop.
Result: The State dropped the DUI.
Nov 18, 2019 Case: 19-CT-019013 Judge Damico
Facts: The defendant was stopped after failing to stop at a red light. The red light camera flashed numerous times. The officer then proceeded through traffic to stop the defendant. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated he had drank a couple of glasses of wine. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton showed that the defendant never ran the red light and that the officer never obtained the red light camera. From his vantage point, and traffic, there was no way he could have seen the defendant run a red light. Thus, the lawfulness of the stop was called into question and so was the officer's credibility.
Result: The DUI was dismissed.
Nov 18, 2019 Case: 19-CT-015564 Judge Jeske
Facts: The defendant was stopped for weaving all over the road. Upon contact, the officer observed the defendant to be lethargic, have bloodshot eyes, and he swayed. The defendant admitted to having smoked pot with some friends prior to driving. After performing field sobriety tests, he was arrested for DUI. He later provided a urine sample which tested positive for marijuana at the FDLE lab.
Defense: Parks & Braxton provided evidence to the State regarding the defendant's car, showing the alignment and tires were messed up which would have caused it to swerve. Also we pointed out to the State that on tape there was no probable cause to arrest the defendant for DUI. The State agreed and Dismissed the DUI.
Result: The DUI was dismissed.
Nov 18, 2019 Case: 19-CT-015564 Judge Jeske
Facts: The defendant was stopped for weaving all over the road. Upon contact, the officer observed the defendant to be lethargic, have bloodshot eyes, and he swayed. The defendant admitted to having smoked pot with some friends prior to driving. After performing field sobriety tests, he was arrested for DUI. He later provided a urine sample which tested positive for marijuana at the FDLE lab.
Defense: Parks & Braxton provided evidence to the State regarding the defendant's car, showing the alignment and tires were messed up which would have caused it to swerve. Also we pointed out to the State that on tape there was no probable cause to arrest the defendant for DUI. The State agreed and Dismissed the DUI.
Result: The DUI was dismissed.
Nov 18, 2019 Case: 19-CT-019013 Judge Damico
Facts: The defendant was stopped after failing to stop at a red light. The red light camera flashed numerous times. The officer then proceeded through traffic to stop the defendant. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated he had drank a couple of glasses of wine. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton showed that the defendant never ran the red light and that the officer never obtained the red light camera. From his vantage point, and traffic, there was no way he could have seen the defendant run a red light. Thus, the lawfulness of the stop was called into question and so was the officer's credibility.
Result: The DUI was dismissed.
Nov 15, 2019 Case: 2019-MM-034754 Judge Atkin
Facts: The defendant was stopped for swerving. The defendant had an odor of alcohol, slurred speech, and was unsteady. He admitted to having drank 3 beers and was also swaying. He performed poorly on the roadside tests. For example, on the walk and turn, he stepped off the line, lost his balance while turning, and took an incorrect number of steps. On the one leg stand, he put his foot down, hopped and swayed. He was then arrested for DUI. He later refused the breath test. He was also charged with possession of marijuana.
Defense: The firm raised issues of the lawfulness of the traffic stop due to other traffic not being affected by his driving. The State Dropped the DUI and the possession charge was dismissed.
Result: The State dropped the DUI.
Nov 15, 2019 Case: 2019-MM-034754 Judge Atkin
Facts: The defendant was stopped for swerving. The defendant had an odor of alcohol, slurred speech, and was unsteady. He admitted to having drank 3 beers and was also swaying. He performed poorly on the roadside tests. For example, on the walk and turn, he stepped off the line, lost his balance while turning, and took an incorrect number of steps. On the one leg stand, he put his foot down, hopped and swayed. He was then arrested for DUI. He later refused the breath test. He was also charged with possession of marijuana.
Defense: The firm raised issues of the lawfulness of the traffic stop due to other traffic not being affected by his driving. The State Dropped the DUI and the possession charge was dismissed.
Result: The State dropped the DUI.
Nov 13, 2019 Case: 2019-CT-001887 Judge Myers
Facts: The defendant struck a median and a FDOT sign causing damage. A police officer observed the crash and stopped the defendant. The officer observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. She was unsteady exiting her car, swayed as she stood, and stated she had drank two cocktails. Due to safety concerns, no roadside tests were conducted and she was arrested for DUI. She later refused the breath test.
Defense: The video contradicted the majority of the officer's observations as written in the reports.
Result: The State dropped the DUI.
Nov 13, 2019 Case: 2019-CT-001887 Judge Myers
Facts: The defendant struck a median and a FDOT sign causing damage. A police officer observed the crash and stopped the defendant. The officer observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. She was unsteady exiting her car, swayed as she stood, and stated she had drank two cocktails. Due to safety concerns, no roadside tests were conducted and she was arrested for DUI. She later refused the breath test.
Defense: The video contradicted the majority of the officer's observations as written in the reports.
Result: The State dropped the DUI.
Oct 31, 2019 Case: 2019-CT-011030 Judge Farr
Facts: The defendant was found by police passed out in his car in a parking lot. The officers made contact with him to assess his well being. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 4 beers. After performing poorly on the roadside tests, he was arrested for DUI. He later blew a .185 and a .183 in the breath machine.
Defense: Since the defendant was sleeping in his car, he was not in actual physical control. He had no "capability" to operate the vehicle while sleeping.
Result: The State dropped the DUI.
Oct 31, 2019 Case: 2019-CT-011030 Judge Farr
Facts: The defendant was found by police passed out in his car in a parking lot. The officers made contact with him to assess his well being. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 4 beers. After performing poorly on the roadside tests, he was arrested for DUI. He later blew a .185 and a .183 in the breath machine.
Defense: Since the defendant was sleeping in his car, he was not in actual physical control. He had no "capability" to operate the vehicle while sleeping.
Result: The State dropped the DUI.
Oct 30, 2019 Case: 2019-CT-007931 Judge
Facts: The defendant was stopped for driving with her high beam lights on at night. The officer observed an odor of alcohol, bloodshot eyes, and fumbling fingers. She also had slurred speech and admitted to having drank vodka/cranberry. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .149 and a .160 in the breath machine.
Defense: On video, it appeared as if one officer was training the other. The trainee mixed up several parts of the instructions on the field sobriety tests in contradiction to the NHTSA manual on roadsides The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 30, 2019 Case: 2019-CT-009273 Judge Jeske
Facts: The defendant was found passed out in his car. The officers noticed an odor of alcohol upon awakening the defendant. They also noticed that he was unsteady, had glassy eyes, and slurred speech. He performed poorly on the roadside tests. For example, on the walk and turn, he stepped off the line and was not walking heel to toe. On the finger to nose, he missed the tip of his nose several times. He was arrested for DUI and later refused a breath test.
Defense: For the police to order someone out of their car, the officers must have reasonable suspicion of crime. In other words, there must be some specific facts to point too that the defendant was impaired, and not just innocently sleeping. Here, there was none. Thus, the initial ordering of the defendant out of his car was unlawful and all the evidence could have been thrown out. The State Dropped the DUI.
Result: The State dropped the DUI.
Oct 30, 2019 Case: 2019-CT-007931 Judge
Facts: The defendant was stopped for driving with her high beam lights on at night. The officer observed an odor of alcohol, bloodshot eyes, and fumbling fingers. She also had slurred speech and admitted to having drank vodka/cranberry. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .149 and a .160 in the breath machine.
Defense: On video, it appeared as if one officer was training the other. The trainee mixed up several parts of the instructions on the field sobriety tests in contradiction to the NHTSA manual on roadsides The State Dropped the DUI.
Result: The State dropped the DUI.

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