Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

Free Consultations
ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

Aug 13, 2019 Case: 2019-CT-001499 Judge Gutman
Facts: The defendant was found passed out by police. His car was in a turning lane. Upon awakening the defendant, he had an odor of alcohol and bloodshot/red eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video of the defendant contradicted the officer's reports as to the extent of the alleged impairment. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 12, 2019 Case: 2019-CT-000800 Judge S. Jewett
Facts: The defendant was stopped for driving the wrong way. Officers observed the defendant to have an odor of alcohol, slurred speech, watery eyes, and he admitted to having drank a couple of beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and a .131 in the breath machine.
Defense: It was pointed out to he State that the defendant merely crossed the lane marker briefly to make a turn and the officer exaggerated the driving pattern in his reports. Since the lawfulness of the stop was called into question, the State Dropped the DUI and the defendant received no coviction in his record.
Result: The State dropped the DUI.
Aug 12, 2019 Case: 2019-CT-000800 Judge S. Jewett
Facts: The defendant was stopped for driving the wrong way. Officers observed the defendant to have an odor of alcohol, slurred speech, watery eyes, and he admitted to having drank a couple of beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and a .131 in the breath machine.
Defense: It was pointed out to he State that the defendant merely crossed the lane marker briefly to make a turn and the officer exaggerated the driving pattern in his reports. Since the lawfulness of the stop was called into question, the State Dropped the DUI and the defendant received no coviction in his record.
Result: The State dropped the DUI.
Aug 9, 2019 Case: 2019-MM-002010 Judge Eissey
Facts: The defendant was stopped after driving the wrong way toward oncoming traffic, almost causing a collision. The officer observed the defendant to have an odor of alcohol and an odor of marijuana. He had bloodshot eyes and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests. The defendant was also charged with possession of marijuana which was found in his car.
Defense: Although the officer described the defendant as a falling down drunk in his reports, he had a video camera in the patrol car. However, the firm discovered that the defendant's field sobriety tests were not captured on tape for unknown reasons. This was brought to the State's attention and they Dropped the DUI. The marijuana charge was Dismissed.
Result: The State dropped the DUI.
Aug 9, 2019 Case: 2019-MM-002010 Judge Eissey
Facts: The defendant was stopped after driving the wrong way toward oncoming traffic, almost causing a collision. The officer observed the defendant to have an odor of alcohol and an odor of marijuana. He had bloodshot eyes and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests. The defendant was also charged with possession of marijuana which was found in his car.
Defense: Although the officer described the defendant as a falling down drunk in his reports, he had a video camera in the patrol car. However, the firm discovered that the defendant's field sobriety tests were not captured on tape for unknown reasons. This was brought to the State's attention and they Dropped the DUI. The marijuana charge was Dismissed.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 2019-CT-007128 Judge Conrad
Facts: The defendant was stopped as he was trying to get through the gate at an air force base. Officers were called and they observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to having drank 4 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew a .166 and a .162 it the breath machine.
Defense: Since the defendant never got through the gate, there was no reasonable suspicion of a crime justifying the detention of the defendant.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 18-022831MU10A Judge Evans
Facts: The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. She had a flushed face and swayed while she stood. She refused roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Parks & Braxton announced ready for trial. The video that was taken at the BAT facility contradicted the officer’s observations at the scene. For example on tape, her speech wasn't mumbled and she wasn't swaying. On the day of trial, the State Dropped the DUI and she received no conviction in her record.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 17-026385MU10A Judge Mollica
Facts: A call went out to police about an erratic driver. Police then found the vehicle stopped at a red light. The caller pointed the car out to police stating that it was the vehicle in question. The vehicle accelerated quickly thought the light, its tires squealed, and it fishtailed. Thee officers were behind the car, he weaved all over the road. Upon stopping him, the officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He had to brace himself while standing and he was off balance. The defendant performed very poorly on the field sobriety tests. He was arrested for DUI and later refused the breath test. This was the defendant's third DUI.
Defense: During depositions it was revealed that a civilian witness had taken a video of the defendant that the arresting officer was aware of, but failed to preserve. In addition, the officers failed to preserve a video that was taken in the holding cell. Finally, a deposition of a back-up officer revealed several inconsistencies with the arresting officer. Parks & Braxton announced ready for trial. The case was dropped by the State on the morning of trial.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 18-036110MU10A Judge Levy
Facts: The defendant was stopped for speeding. He was alleged to have been driving 106 mph in a 65 mph zone. Officers observed an odor of alcohol and detained the defendant for a DUI investigation. The defendant also stated he had drank 4 beers and he was asked to perform roadside tasks. He refused and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. On the day of trial, it was pointed out to the State that the officer did not advise the defendant of any adverse consequences for refusing the roadside tasks. Thus, his refusal would have been inadmissible into evidence. Also, there was no reasonable suspicion of any crime justifying the detention of the defendant based on the facts alleged above. On the day of jury trial, the State Dropped the DUI and he received No conviction on his record.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 18-036110MU10A Judge Levy
Facts: The defendant was stopped for speeding. He was alleged to have been driving 106 mph in a 65 mph zone. Officers observed an odor of alcohol and detained the defendant for a DUI investigation. The defendant also stated he had drank 4 beers and he was asked to perform roadside tasks. He refused and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. On the day of trial, it was pointed out to the State that the officer did not advise the defendant of any adverse consequences for refusing the roadside tasks. Thus, his refusal would have been inadmissible into evidence. Also, there was no reasonable suspicion of any crime justifying the detention of the defendant based on the facts alleged above. On the day of jury trial, the State Dropped the DUI and he received No conviction on his record.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 18-022831MU10A Judge Evans
Facts: The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. She had a flushed face and swayed while she stood. She refused roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Parks & Braxton announced ready for trial. The video that was taken at the BAT facility contradicted the officer’s observations at the scene. For example on tape, her speech wasn't mumbled and she wasn't swaying. On the day of trial, the State Dropped the DUI and she received no conviction in her record.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 17-026385MU10A Judge Mollica
Facts: A call went out to police about an erratic driver. Police then found the vehicle stopped at a red light. The caller pointed the car out to police stating that it was the vehicle in question. The vehicle accelerated quickly thought the light, its tires squealed, and it fishtailed. Thee officers were behind the car, he weaved all over the road. Upon stopping him, the officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He had to brace himself while standing and he was off balance. The defendant performed very poorly on the field sobriety tests. He was arrested for DUI and later refused the breath test. This was the defendant's third DUI.
Defense: During depositions it was revealed that a civilian witness had taken a video of the defendant that the arresting officer was aware of, but failed to preserve. In addition, the officers failed to preserve a video that was taken in the holding cell. Finally, a deposition of a back-up officer revealed several inconsistencies with the arresting officer. Parks & Braxton announced ready for trial. The case was dropped by the State on the morning of trial.
Result: The State dropped the DUI.
Aug 6, 2019 Case: 2019-CT-007128 Judge Conrad
Facts: The defendant was stopped as he was trying to get through the gate at an air force base. Officers were called and they observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to having drank 4 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew a .166 and a .162 it the breath machine.
Defense: Since the defendant never got through the gate, there was no reasonable suspicion of a crime justifying the detention of the defendant.
Result: The State dropped the DUI.
Aug 1, 2019 Case: 18-035514MU10A Judge Diaz
Facts: The defendant was stopped for having an expired tag. The officers noticed the defendant to have an odor of alcohol, he stated that he "had a few," his eyes were red/watery, and he was swaying while he stood. The defendant refused to perform roadside tasks and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no reasonable suspicion of crime justifying the detention of the defendant. The video showed that he was not swaying and that he was responsive and coherent. The State conceded the motion and Dropped the DUI. The defendant received no conviction on his record.
Result: The State dropped the DUI.
Aug 1, 2019 Case: 2018-CF-015465 Judge Nash
Facts: The defendant was the at fault driver in a crash whereby he cut in front of another driver. Two people were injured in the crash. He then left the scene and was found by police. They observed an odor of alcohol, bloodshot eyes, slurred speech, and trouble with his balance. He refused roadside tests and was arrested for Leaving the Scene of an accident with injury (Felony) and DUI. He later refused the breath test. This was also the defendant's Second DUI.
Defense: Prior to taking pretrial depositions, the defense uncovered via discovery that the defendant actually only left the scene to call 911 because he didn't have a cell. Also, it was actually the victim's mom who told him to leave and call 911 and/or get help. The State Dropped the felony leaving the scene of an accident charge. They also Dropped the defendant's Second DUI as the defendant was never advised of any adverse consequences for refusing to perform field sobriety tests a required by law.
Result: The State dropped the DUI.
Aug 1, 2019 Case: 18-035514MU10A Judge Diaz
Facts: The defendant was stopped for having an expired tag. The officers noticed the defendant to have an odor of alcohol, he stated that he "had a few," his eyes were red/watery, and he was swaying while he stood. The defendant refused to perform roadside tasks and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no reasonable suspicion of crime justifying the detention of the defendant. The video showed that he was not swaying and that he was responsive and coherent. The State conceded the motion and Dropped the DUI. The defendant received no conviction on his record.
Result: The State dropped the DUI.
Aug 1, 2019 Case: 2018-CF-015465 Judge Nash
Facts: The defendant was the at fault driver in a crash whereby he cut in front of another driver. Two people were injured in the crash. He then left the scene and was found by police. They observed an odor of alcohol, bloodshot eyes, slurred speech, and trouble with his balance. He refused roadside tests and was arrested for Leaving the Scene of an accident with injury (Felony) and DUI. He later refused the breath test. This was also the defendant's Second DUI.
Defense: Prior to taking pretrial depositions, the defense uncovered via discovery that the defendant actually only left the scene to call 911 because he didn't have a cell. Also, it was actually the victim's mom who told him to leave and call 911 and/or get help. The State Dropped the felony leaving the scene of an accident charge. They also Dropped the defendant's Second DUI as the defendant was never advised of any adverse consequences for refusing to perform field sobriety tests a required by law.
Result: The State dropped the DUI.
Jul 31, 2019 Case: 2019-CT-003069 Judge Gutman
Facts: Officers made contact with defendant after security at a bar stated that defendant was highly intoxicated. Officers then stopped the defendant as she was pulling out of the parking lot. They then observed her to have an odor of alcohol and bloodshot eyes. The defendant stated she had drank two beers. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .168 and .166 in the breath machine.
Defense: Parks & Braxton firm pointed out to the State that there was only a conclusory statement about her intoxication, without any specific facts. Under the law, there must be some facts supporting the conclusion. Thus, the initial seizure of the defendant was unlawful.
Result: The State dropped the DUI.
Jul 31, 2019 Case: 2019-CT-003059 Judge Gutman
Facts: The defendant was stopped for improper lane change and following to closely. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest he blew a .133 and a .116 in the breath machine.
Defense: Parks & Braxton called the lawfulness of the traffic stop into question as his alleged "improper lane changes" were only vaguely described. The State Dropped the DUI.
Result: The State dropped the DUI.
Jul 31, 2019 Case: 2019-CT-003069 Judge Gutman
Facts: Officers made contact with defendant after security at a bar stated that defendant was highly intoxicated. Officers then stopped the defendant as she was pulling out of the parking lot. They then observed her to have an odor of alcohol and bloodshot eyes. The defendant stated she had drank two beers. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .168 and .166 in the breath machine.
Defense: Parks & Braxton firm pointed out to the State that there was only a conclusory statement about her intoxication, without any specific facts. Under the law, there must be some facts supporting the conclusion. Thus, the initial seizure of the defendant was unlawful.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.