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

Jun 21, 2019 Case: 19-0020060MMM10A Judge Levy
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant refused to perform roadsides and was arrested for DUI. She later refused the breath test. She also cursed and used derogatory slurs to the officers throughout the investigation.
Defense: Parks and Braxton filed a pretrial motion to suppress the refusal to provide a breath sample. Under Florida law, a breath sample cannot be requested by the police until after a person has been arrested for DUI. Here, the officer requested a breath test and read implied consent prior to arresting her. The State conceded the motion and Dropped the DUI. She received no conviction on her record.
Result: The State dropped the DUI.
Jun 20, 2019 Case: 2019-CT-019301 Judge Atkin
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and difficulty finding her items. They also noticed droopy eyelids, a flushed face, and low speech. The defendant stated she had drank two shots of tequila and two beers. She only performed the HGN (eye test) and then refused further testing. She was arrested for DUI and later refused the breath test.
Defense: On video, the defense pointed out that the officer had not properly placed his camera to capture the full DUI investigation. Thus, it was not only hard to see the defendant’s actions, but also hard to hear her speech.
Result: The State dropped the DUI.
Jun 20, 2019 Case: 2019-CT-002170 Judge Bigney
Facts: The defendant was involved in a sideswipe crash. When officers arrived, he was observed to have an odor of alcohol, red eyes, and slurred speech. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped of the line numerous times, used his arms for balance, and swayed the entire time. On the one leg stand, he put his foot down numerous times and stumbled. He was then arrested for DUI and later blew a .187 and a .181 in the breath machine. This was the defendant's Third DUI.
Defense: Prior to trial, the firm pointed out to the State that the defendant was not the at fault driver. Also, the video contradicted the reports. For example, his speech was not slurred on tape. Thus, there was doubt as to whether the officer had enough reasonable suspicion of crime to even conduct a DUI investigation. The State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Jun 20, 2019 Case: 2019-CT-019301 Judge Atkin
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and difficulty finding her items. They also noticed droopy eyelids, a flushed face, and low speech. The defendant stated she had drank two shots of tequila and two beers. She only performed the HGN (eye test) and then refused further testing. She was arrested for DUI and later refused the breath test.
Defense: On video, the defense pointed out that the officer had not properly placed his camera to capture the full DUI investigation. Thus, it was not only hard to see the defendant’s actions, but also hard to hear her speech.
Result: The State dropped the DUI.
Jun 20, 2019 Case: 2019-CT-002170 Judge Bigney
Facts: The defendant was involved in a sideswipe crash. When officers arrived, he was observed to have an odor of alcohol, red eyes, and slurred speech. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped of the line numerous times, used his arms for balance, and swayed the entire time. On the one leg stand, he put his foot down numerous times and stumbled. He was then arrested for DUI and later blew a .187 and a .181 in the breath machine. This was the defendant's Third DUI.
Defense: Prior to trial, the firm pointed out to the State that the defendant was not the at fault driver. Also, the video contradicted the reports. For example, his speech was not slurred on tape. Thus, there was doubt as to whether the officer had enough reasonable suspicion of crime to even conduct a DUI investigation. The State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Jun 18, 2019 Case: 2019-CT-000871 Judge Hitzemann
Facts: The defendant was stopped for weaving all over the road. This driving pattern was captured on video tape. Upon being stopped, the officer observed the defendant to be lethargic, he had trouble focusing, fumbled with his documents and appeared to be falling asleep. He had bloodshot eyes, slurred speech, and trouble sitting upright. The officer did not smell any alcohol, but believing he was impaired by drugs, asked him to perform roadsides. The defendant performed poorly and was arrested for DUI. He later refused both a breath and urine test.
Defense: Under Florida law, to convict one of DUI involving drugs, the State must prove under 316.193 (Fla. Statutes) that a defendant was impaired by a "specific" chemical and/or controlled substance. Here, the firm pointed out to the State that they could not. The Sate Dropped the DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Jun 18, 2019 Case: 2019-CT-000871 Judge Hitzemann
Facts: The defendant was stopped for weaving all over the road. This driving pattern was captured on video tape. Upon being stopped, the officer observed the defendant to be lethargic, he had trouble focusing, fumbled with his documents and appeared to be falling asleep. He had bloodshot eyes, slurred speech, and trouble sitting upright. The officer did not smell any alcohol, but believing he was impaired by drugs, asked him to perform roadsides. The defendant performed poorly and was arrested for DUI. He later refused both a breath and urine test.
Defense: Under Florida law, to convict one of DUI involving drugs, the State must prove under 316.193 (Fla. Statutes) that a defendant was impaired by a "specific" chemical and/or controlled substance. Here, the firm pointed out to the State that they could not. The Sate Dropped the DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Jun 13, 2019 Case: 2019-CT-002522 Judge Booras
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and his movements were slow and lethargic. He admitted to having consumed 4 Grey Goose vodkas. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .202, a .188, and a .199 in the breath machine.
Defense: Parks & Braxton was able to show that the machine was having issues as there were three results, and not the required two samples.
Result: The State dropped the DUI.
Jun 13, 2019 Case: 2019-CT-002522 Judge Booras
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and his movements were slow and lethargic. He admitted to having consumed 4 Grey Goose vodkas. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .202, a .188, and a .199 in the breath machine.
Defense: Parks & Braxton was able to show that the machine was having issues as there were three results, and not the required two samples.
Result: The State dropped the DUI.
Jun 12, 2019 Case: 2019-CT-001496 Judge Mcginnis
Facts: The defendant was accused of being the at fault driver in a side swipe crash. When officers arrived, they smelled an odor of alcohol, noticed bloodshot eyes, and and his lips were dry. He staggered as he walked and appeared slow and unsteady. He performed very poorly on the the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .134 and a .132 in the breath machine.
Defense: The firm announced ready for trial. Although there was a witness who stated that the defendant was the driver, the firm provided physical proof to the State that the female in the defendant's car was actually the driver. On video, the defendant adamantly denied being the driver and the female stated she was the driver. We provided pictures to the State that showed the injuries to the defendant's neck and body were consistent with seat belt marks proving he was in the passenger seat as the marks on his body were from right to left. A week prior the trial date, the State Dismissed the DUI.
Result: The DUI was dismissed.
Jun 12, 2019 Case: 18-024685MU10A Judge M. Brown
Facts: The defendant was stopped for failure to maintain a single lane. Specifically, he would drift out of his lane and into the bicycle lane. He was also slow to go through a green light. The officer observed the defendant to have an odor of alcohol, slow/slurred speech, and he admitted to having consumed three drinks. He also stated he had taken Xanax. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. While cross examining the officer who conducted the stop, his credibility was called into question. He was impeached numerous times with his reports and body worn camera. The Judge granted the motion and threw out all of the evidence. The State dismissed the DUI. It should be noted that the firm also beat the defendant's first DUI.
Result: The DUI was dismissed.
Jun 12, 2019 Case: 2019-CT-001496 Judge Mcginnis
Facts: The defendant was accused of being the at fault driver in a side swipe crash. When officers arrived, they smelled an odor of alcohol, noticed bloodshot eyes, and and his lips were dry. He staggered as he walked and appeared slow and unsteady. He performed very poorly on the the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .134 and a .132 in the breath machine.
Defense: The firm announced ready for trial. Although there was a witness who stated that the defendant was the driver, the firm provided physical proof to the State that the female in the defendant's car was actually the driver. On video, the defendant adamantly denied being the driver and the female stated she was the driver. We provided pictures to the State that showed the injuries to the defendant's neck and body were consistent with seat belt marks proving he was in the passenger seat as the marks on his body were from right to left. A week prior the trial date, the State Dismissed the DUI.
Result: The DUI was dismissed.
Jun 12, 2019 Case: 18-024685MU10A Judge M. Brown
Facts: The defendant was stopped for failure to maintain a single lane. Specifically, he would drift out of his lane and into the bicycle lane. He was also slow to go through a green light. The officer observed the defendant to have an odor of alcohol, slow/slurred speech, and he admitted to having consumed three drinks. He also stated he had taken Xanax. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. While cross examining the officer who conducted the stop, his credibility was called into question. He was impeached numerous times with his reports and body worn camera. The Judge granted the motion and threw out all of the evidence. The State dismissed the DUI. It should be noted that the firm also beat the defendant's first DUI.
Result: The DUI was dismissed.
Jun 10, 2019 Case: 2018-CT-055536 Judge Babb
Facts: The defendant was found passed out in his car in a parking lot. Upon awakening the defendant, the officer observed an odor of alcohol, dilated/glassy eyes, and he stumbled and swayed. He appeared very unsteady and almost fell. He only performed the HGN (eye test), then said "go ahead and arrest me." He was arrested for DUI and later blew a .236 and a .216 in the breath machine.
Defense: The defendant was not in actual physical control as he was sleeping. Thus, he had no "capability" to operate the motor vehicle. The State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Jun 10, 2019 Case: 2019-CT-017422 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had difficulty finding her documents. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .185 and a .178 in the breath machine.
Defense: The defense pointed out issues surrounding whether or not the defendant had been improperly coerced into taking a breath test.
Result: The State dropped the DUI.
Jun 10, 2019 Case: 2019-CT-017422 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had difficulty finding her documents. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .185 and a .178 in the breath machine.
Defense: The defense pointed out issues surrounding whether or not the defendant had been improperly coerced into taking a breath test.
Result: The State dropped the DUI.
Jun 10, 2019 Case: 2018-CT-055536 Judge Babb
Facts: The defendant was found passed out in his car in a parking lot. Upon awakening the defendant, the officer observed an odor of alcohol, dilated/glassy eyes, and he stumbled and swayed. He appeared very unsteady and almost fell. He only performed the HGN (eye test), then said "go ahead and arrest me." He was arrested for DUI and later blew a .236 and a .216 in the breath machine.
Defense: The defendant was not in actual physical control as he was sleeping. Thus, he had no "capability" to operate the motor vehicle. The State Dropped the DUI and he received no conviction on his record.
Result: The State dropped the DUI.
Jun 6, 2019 Case: 2019-MM-01266AP Judge Hamilton
Facts: The defendant was stopped for driving with no taillights activated. The officer observed an odor of alcohol, bloodshot eyes, a flushed face, and he admitted to having two beers. According to the officer, he failed the roadside tests and was arrested for DUI. He subsequently refused the breath test.
Defense: The video tape contradicted the officers reports as to the level to the defendant's alleged impairment. The firm was ready for trial. The State then Dropped DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Jun 6, 2019 Case: 18-CT-021492 Judge Senior for Lefler
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and fumbling fingers. He had watery eyes and was unsteady. According to the officer, he failed the field sobriety tests and was arrested for DUI.
Defense: Due to a language barrier, it was unclear if the defendant understood all the instructions on the roadside tests. Thus, there was doubt if the alleged impairment was due to alcohol or simply not understanding the instructions due to language difficulties.
Result: The State dropped the DUI.
Jun 6, 2019 Case: 2019-MM-01266AP Judge Hamilton
Facts: The defendant was stopped for driving with no taillights activated. The officer observed an odor of alcohol, bloodshot eyes, a flushed face, and he admitted to having two beers. According to the officer, he failed the roadside tests and was arrested for DUI. He subsequently refused the breath test.
Defense: The video tape contradicted the officers reports as to the level to the defendant's alleged impairment. The firm was ready for trial. The State then Dropped DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.

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