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

Oct 3, 2019 Case: 19-009212MU10A Judge Levy
Facts: The defendant was stopped for inoperable tag lights and swerving. After observing an odor of alcohol, and the defendant stating he had drank 2-3 beers, the officer requested the defendant perform field sobriety tests. The defendant performed very poorly. For example, on the walk and turn, he raised his arms for balance, missed heel to toe, and stepped off the line. On the one leg stand, he raised his arms for balance and put his foot down. He was arrested for DUI and later refused the breath test. This was the defendant's second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion, we alleged that the defendant was unlawfully detained. We argued at the motion hearing that there must be more than a mere odor of alcohol in order to detain a defendant to perform to field sobriety tests. The Judge agreed and granted the motion and threw out all of the evidence. The DUI was then Dismissed.
Result: The DUI was dismissed.
Oct 2, 2019 Case: 2019-CT-005902 Judge Myers
Facts: The defendant was stopped for driving with no tail lights and having his daylight running lights on after dark. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. He stated he had drank two beers, appeared unsteady, and swayed while he stood. He was arrested for DUI after performing several roadside tasks. He later refused the breath test. This was the defendant's Second DUI.
Defense: According to the NHTSA manual on field sobriety tests, the officer is required to administer them on flat, level surface. Here, it was obvious on tape that the officer had the defendant perform the walk and turn on a downhill slope. Although the officer wrote that the defendant had no medical injuries preventing him from performing the one leg stand, that was contradicted by the video. On tape the defendant his heard telling the officer that he had hip issues. This was pointed out to the State and they Dropped the DUI.
Result: The State dropped the DUI.
Oct 2, 2019 Case: 2019-CT-005902 Judge Myers
Facts: The defendant was stopped for driving with no tail lights and having his daylight running lights on after dark. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. He stated he had drank two beers, appeared unsteady, and swayed while he stood. He was arrested for DUI after performing several roadside tasks. He later refused the breath test. This was the defendant's Second DUI.
Defense: According to the NHTSA manual on field sobriety tests, the officer is required to administer them on flat, level surface. Here, it was obvious on tape that the officer had the defendant perform the walk and turn on a downhill slope. Although the officer wrote that the defendant had no medical injuries preventing him from performing the one leg stand, that was contradicted by the video. On tape the defendant his heard telling the officer that he had hip issues. This was pointed out to the State and they Dropped the DUI.
Result: The State dropped the DUI.
Sep 25, 2019 Case: 2019-CT-007356 Judge Gutman
Facts: The defendant was stopped for swerving into the bike lane, speeding, and almost hitting a curb. He had an odor of alcohol, glassy/bloodshot eyes, and he stated he had nothing to drink. He then performed the HGN (eye test), walk and turn, and one leg stand tests. He was then arrested for DUI and later blew a .140 and a .133 in breath machine.
Defense: Due to the fact that there were no balance problems or speech issues prior to the roadside tasks, there was a lack of reasonable suspicion to even request field sobriety tests. An odor of alcohol and bloodshot/glassy eyes are only indicators of the consumption of alcohol and not impairment.
Result: The State dropped the DUI.
Sep 25, 2019 Case: 2019-CT-007356 Judge Gutman
Facts: The defendant was stopped for swerving into the bike lane, speeding, and almost hitting a curb. He had an odor of alcohol, glassy/bloodshot eyes, and he stated he had nothing to drink. He then performed the HGN (eye test), walk and turn, and one leg stand tests. He was then arrested for DUI and later blew a .140 and a .133 in breath machine.
Defense: Due to the fact that there were no balance problems or speech issues prior to the roadside tasks, there was a lack of reasonable suspicion to even request field sobriety tests. An odor of alcohol and bloodshot/glassy eyes are only indicators of the consumption of alcohol and not impairment.
Result: The State dropped the DUI.
Sep 24, 2019 Case: 19-CT-004152 Judge Jeske
Facts: The defendant was stopped for weaving and drifting. The officer observed an odor of alcohol, vomit on his clothing, droopy eyes, and slurred speech. His eyes were bloodshot and he appeared unsteady. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .184 and a .183 in the breath machine.
Defense: The lawfulness of the traffic stop was called into question due to a lack of specifics. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2019 Case: 19-CT-003598 Judge Conrad
Facts: The defendant was stopped for driving at a high rate of speed and almost colliding with a median. He was also weaving and drifting. Since the defendant did not obey commands to remain in the car with hands visible, he was immediately handcuffed until the DUI officer arrived. The officers observed an odor of alcohol, slurred speech, and watery/red eyes. Once the DUI officer arrived, He only performed the HGN and then refused to perform and further roadsides. He was then arrested for DUI. He later refused the breath test.
Defense: There was a de facto arrest when the officers placed the defendant in handcuffs. Since all the DUI observations were made after being cuffed, there was a lack of probable cause to arrest the defendant. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2019 Case: 19-CT-004152 Judge Jeske
Facts: The defendant was stopped for weaving and drifting. The officer observed an odor of alcohol, vomit on his clothing, droopy eyes, and slurred speech. His eyes were bloodshot and he appeared unsteady. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .184 and a .183 in the breath machine.
Defense: The lawfulness of the traffic stop was called into question due to a lack of specifics. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2019 Case: 19-CT-003598 Judge Conrad
Facts: The defendant was stopped for driving at a high rate of speed and almost colliding with a median. He was also weaving and drifting. Since the defendant did not obey commands to remain in the car with hands visible, he was immediately handcuffed until the DUI officer arrived. The officers observed an odor of alcohol, slurred speech, and watery/red eyes. Once the DUI officer arrived, He only performed the HGN and then refused to perform and further roadsides. He was then arrested for DUI. He later refused the breath test.
Defense: There was a de facto arrest when the officers placed the defendant in handcuffs. Since all the DUI observations were made after being cuffed, there was a lack of probable cause to arrest the defendant. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 23, 2019 Case: 19-CT-501522 Judge Paluck
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, droopy eye lids, and bloodshot eyes. He then performed the battery of field sobriety tests. According to the officer, he failed and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. We pointed out to the State that the officer's reports were contradicted by the video. Not one of the defendant's normal faculties were impaired. On the day of trial, the State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Sep 23, 2019 Case: 19-CT-501522 Judge Paluck
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, droopy eye lids, and bloodshot eyes. He then performed the battery of field sobriety tests. According to the officer, he failed and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. We pointed out to the State that the officer's reports were contradicted by the video. Not one of the defendant's normal faculties were impaired. On the day of trial, the State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-022158 Judge Koenig
Facts: A 911 call was made to police regarding the defendant's erratic driving. Officers located the defendant's car and stopped him. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, poor balance, and repetitive speech. The defendant performed poorly on the roadside tasks and was arrested for DUI. He later blew a .129 and a .128 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Since there was no substantial corroboration of the driving pattern that the 911 caller had described. Thus the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-021284 Judge Koenig
Facts: The defendant was involved in a hit and run accident. When officers found him, he was inside his house and he eventually came out to speak to them. He had an odor of alcohol, slurred speech, and he was very unsteady to the point of stumbling and staggering. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Under Florida law, one must be under the influence of alcohol "at the time of driving" to be convicted of DUI. Here, the State could not prove that he was under the influence while driving because he could have drank while he was in his house.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-030312 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, slurred speech, and he fumbled with his documents. He also moved very slow and swayed. After performing the HGN (eye test), one leg stand and walk and turn tests, he was arrested for DUI. He later refused the breath test.
Defense: The officer did not get an angle of onset (nystagmus) before 45 degrees in the defendant's eyes during the HGN test. An angle of onset prior to 45 degrees, under Tharpe's formula, would show that the defendant may have a breath alcohol level over the legal limit of .08. Here, there was none.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-029498 Judge Koenig
Facts: The defendant was stopped for sitting at a green light for several seconds and then swerving. The officer noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he stated that he had consumed a couple of drinks. He also had a flushed face and swayed. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .170 and a .169 in the breath machine.
Defense: Since the defendant did not sit through an entire light cycle, and there were no specifics of his alleged swerving. Thus the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-030328 Judge Jacobus
Facts: A BOLO went out about a reckless driver. The officer spotted the car in question driven by the defendant, and observed her making a wide turn and drifting. After conducting a traffic stop, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech, She swayed, stumbled, and seemed confused. The defendant refused to perform the roadside tasks other than HGN (eyes test) and was arrested for DUI. She later refused the breath test.
Defense: The defendant was not advised of any adverse consequences relating to her refusal to perform the roadside tasks as required by law.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-029498 Judge Koenig
Facts: The defendant was stopped for sitting at a green light for several seconds and then swerving. The officer noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he stated that he had consumed a couple of drinks. He also had a flushed face and swayed. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .170 and a .169 in the breath machine.
Defense: Since the defendant did not sit through an entire light cycle, and there were no specifics of his alleged swerving. Thus the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-030328 Judge Jacobus
Facts: A BOLO went out about a reckless driver. The officer spotted the car in question driven by the defendant, and observed her making a wide turn and drifting. After conducting a traffic stop, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech, She swayed, stumbled, and seemed confused. The defendant refused to perform the roadside tasks other than HGN (eyes test) and was arrested for DUI. She later refused the breath test.
Defense: The defendant was not advised of any adverse consequences relating to her refusal to perform the roadside tasks as required by law.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-022158 Judge Koenig
Facts: A 911 call was made to police regarding the defendant's erratic driving. Officers located the defendant's car and stopped him. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, poor balance, and repetitive speech. The defendant performed poorly on the roadside tasks and was arrested for DUI. He later blew a .129 and a .128 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Since there was no substantial corroboration of the driving pattern that the 911 caller had described. Thus the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Sep 13, 2019 Case: 2019-CT-030312 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, slurred speech, and he fumbled with his documents. He also moved very slow and swayed. After performing the HGN (eye test), one leg stand and walk and turn tests, he was arrested for DUI. He later refused the breath test.
Defense: The officer did not get an angle of onset (nystagmus) before 45 degrees in the defendant's eyes during the HGN test. An angle of onset prior to 45 degrees, under Tharpe's formula, would show that the defendant may have a breath alcohol level over the legal limit of .08. Here, there was none.
Result: The State dropped the DUI.

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