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

OUR RECENT VICTORIES

Apr 2, 2019	Case: 2018--CT-505068	Judge Adams
Facts:	A caller dialed the police to report that the defendant almost struck his vehicle and when he confronted him, the defendant appeared intoxicated. When police arrived, they saw the defendant pulling out and they stopped him. They observed an odor of alcohol, slurred speech, and he could not even stand up when outside the car. The defendant was unable to maintain his balance and almost fell. He denied drinking and admitted to taking prescribed medicine which were controlled substances. No roadsides were conducted for safety purposes. He was then arrested for DUI. He later refused the breath test, however, he provided a urine sample.
Defense:	The FDLE urine sample results contradicted the officer's initial conclusions.
Result:	The State dropped the DUI.

Apr 1, 2019	Case: 2018-CT-020567	Judge Hanser
Facts:	The defendant was stopped for failure to maintain a single lane and speeding. The officer observed an odor of alcohol, extremely slurred/mumbled speech, and glassy eyes. He had a difficult time getting out of the vehicle and his reaction time was delayed. The defendant denied drinking alcohol and refused to perform any roadside tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Defense:	The video contradicted the police reports as to the level of intoxication as written in the reports by the officer.
Result:	The State dropped the DUI.

Apr 1, 2019	Case: 2018-CT-020567	Judge Hanser
Facts:	The defendant was stopped for failure to maintain a single lane and speeding. The officer observed an odor of alcohol, extremely slurred/mumbled speech, and glassy eyes. He had a difficult time getting out of the vehicle and his reaction time was delayed. The defendant denied drinking alcohol and refused to perform any roadside tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Defense:	The video contradicted the police reports as to the level of intoxication as written in the reports by the officer.
Result:	The State dropped the DUI.

Mar 26, 2019	Case: 2018-CT-016920	Judge Jeske
Facts:	The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. He had lethargic movements and fumbled with his documents. He also admitted to taking some type of sleeping medication. After performing poorly on the field sobriety tests, he was arrested for DUI. The officer actually believed he was impaired by a chemical and/or controlled substance versus alcohol. The defendant then refused to provide a urine sample.
Defense:	Under Florida Statutes, the State must prove that the defendant was impaired by a specific chemical and/or controlled substance. Here, they could not prove the case due to the fact that the alleged sleeping medication was unknown. Thus, it was unknown by what substance actually impaired the defendant. The State Dismissed the DUI.
Result:	The DUI was dismissed.

Mar 26, 2019	Case: 2018-CT-017242	Judge - Senior Judge for Judge Lefler
Facts:	The defendant was stopped for speeding and following too closely. The officer noticed an odor of alcohol and bloodshot eyes. She used the car for balance and had difficulty following instructions. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .137 and a .135 in the breath machine.
Defense:	The defendant's performance on the roadside tests contradicted her breath test level. The video clearly showed that the defendant's breath alcohol level was lower at the time of driving.
Result:	The State dropped the DUI.

Mar 26, 2019	Case: 2018-CT-017200	Judge Jeske
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She staggered as she walked and also swayed. After performing the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	The lawfulness of the traffic stop was called into question due to no danger being created by the defendant's driving pattern.
Result:	The State dropped the DUI.

Mar 26, 2019	Case: 2018-CT-016920	Judge Jeske
Facts:	The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and glassy eyes. He had lethargic movements and fumbled with his documents. He also admitted to taking some type of sleeping medication. After performing poorly on the field sobriety tests, he was arrested for DUI. The officer actually believed he was impaired by a chemical and/or controlled substance versus alcohol. The defendant then refused to provide a urine sample.
Defense:	Under Florida Statutes, the State must prove that the defendant was impaired by a specific chemical and/or controlled substance. Here, they could not prove the case due to the fact that the alleged sleeping medication was unknown. Thus, it was unknown by what substance actually impaired the defendant. The State Dismissed the DUI.
Result:	The DUI was dismissed.

Mar 26, 2019	Case: 2018-CT-017200	Judge Jeske
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She staggered as she walked and also swayed. After performing the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense:	The lawfulness of the traffic stop was called into question due to no danger being created by the defendant's driving pattern.
Result:	The State dropped the DUI.

Mar 26, 2019	Case: 2018-CT-017242	Judge - Senior Judge for Judge Lefler
Facts:	The defendant was stopped for speeding and following too closely. The officer noticed an odor of alcohol and bloodshot eyes. She used the car for balance and had difficulty following instructions. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .137 and a .135 in the breath machine.
Defense:	The defendant's performance on the roadside tests contradicted her breath test level. The video clearly showed that the defendant's breath alcohol level was lower at the time of driving.
Result:	The State dropped the DUI.

Mar 21, 2019	Case: 2019-CT-001590	Judge Booras
Facts:	The defendant was stopped for running a red light and nearly striking numerous curbs. The officer noticed an odor of alcohol, slurred speech, and a blank stare. He also appeared shaky on his feet and had red/glossy eyes. After performing poorly on the roadside tests, he was arrested for DUI. He later blew a .140 and a .137 in the breath machine.
Defense:	On video, it was clear that there was a language barrier. The officer never even attempted to get an interpreter to translate the roadside instructions into the defendant’s native language. Thus, any mishaps were due to a language barrier, and not impairment by alcohol.
Result:	The State dropped the DUI.

Mar 21, 2019	Case: 2019-CT-001590	Judge Booras
Facts:	The defendant was stopped for running a red light and nearly striking numerous curbs. The officer noticed an odor of alcohol, slurred speech, and a blank stare. He also appeared shaky on his feet and had red/glossy eyes. After performing poorly on the roadside tests, he was arrested for DUI. He later blew a .140 and a .137 in the breath machine.
Defense:	On video, it was clear that there was a language barrier. The officer never even attempted to get an interpreter to translate the roadside instructions into the defendant’s native language. Thus, any mishaps were due to a language barrier, and not impairment by alcohol.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 2018-CT-019216	Judge Farr
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol and glassy eyes. He admitted to consuming one beer. He then performed the roadside tests and was arrested for DUI. After his arrest, he blew a .119 and a .117 in the breath machine.
Defense:	The defendant's performance on the roadsides tests on videotape contradicted his breath alcohol level. It clearly showed he was absorbing alcohol and his breath level was lower at the time of driving.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 2018-CT-019143	Judge Farr
Facts:	An anonymous caller dialed 911 stating that the defendant was swerving all over the road. When the police stopped him, they observed an odor of alcohol and bloodshot glassy eyes. The defendant was very unsteady outside the car and had a blank look. He refused roadside tests and was arrested for DUI. After his arrest, he blew a .172 and a .168 in the breath machine.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 2018-CT-019294	Judge Farr
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having consumed two drinks. He then performed poorly on the roadside tasks and was arrested for DUI. After his arrest, he blew a .123 and a .124 in the breath machine.
Defense:	The video contradicted the defendant's breath test results.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 18-024778MU10A	Judge Pole
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, red/glassy eyes, and he fumbled with his paperwork. The police also observed a flushed face. The defendant refused to perform roadside exercises and was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. Prior to trial, another video from the officers patrol car surfaced. Not only did it have the alleged driving pattern, but is also showed discrepancies with the officer's reports at the beginning of the traffic stop. On the day of jury trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 18-024295MU10A	Judge Gottlieb
Facts:	The defendant was stopped for having an inoperable headlight and tag light. Officers observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. The defendant also appeared unsteady. Numerous controlled substances were also found in the defendant's car. The defendant refused to perform field sobriety tests and was arrested for DUI. After his arrest, believing he was impaired by drugs and not alcohol, the police requested that he submit to a urine test. That urine test later tested positive for numerous controlled substances.
Defense:	The firm announced ready for trial. Prior to trial, the defense raised several evidentiary violations by the State. For example, the State failed to provide the urine test and expert witness list in a timely manner. On the day of trial, the State dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 18-024295MU10A	Judge Gottlieb
Facts:	The defendant was stopped for having an inoperable headlight and tag light. Officers observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. The defendant also appeared unsteady. Numerous controlled substances were also found in the defendant's car. The defendant refused to perform field sobriety tests and was arrested for DUI. After his arrest, believing he was impaired by drugs and not alcohol, the police requested that he submit to a urine test. That urine test later tested positive for numerous controlled substances.
Defense:	The firm announced ready for trial. Prior to trial, the defense raised several evidentiary violations by the State. For example, the State failed to provide the urine test and expert witness list in a timely manner. On the day of trial, the State dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 18-024778MU10A	Judge Pole
Facts:	The defendant was stopped for running a red light. The officer observed an odor of alcohol, red/glassy eyes, and he fumbled with his paperwork. The police also observed a flushed face. The defendant refused to perform roadside exercises and was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. Prior to trial, another video from the officers patrol car surfaced. Not only did it have the alleged driving pattern, but is also showed discrepancies with the officer's reports at the beginning of the traffic stop. On the day of jury trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 2018-CT-019216	Judge Farr
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol and glassy eyes. He admitted to consuming one beer. He then performed the roadside tests and was arrested for DUI. After his arrest, he blew a .119 and a .117 in the breath machine.
Defense:	The defendant's performance on the roadsides tests on videotape contradicted his breath alcohol level. It clearly showed he was absorbing alcohol and his breath level was lower at the time of driving.
Result:	The State dropped the DUI.

Mar 19, 2019	Case: 2018-CT-019143	Judge Farr
Facts:	An anonymous caller dialed 911 stating that the defendant was swerving all over the road. When the police stopped him, they observed an odor of alcohol and bloodshot glassy eyes. The defendant was very unsteady outside the car and had a blank look. He refused roadside tests and was arrested for DUI. After his arrest, he blew a .172 and a .168 in the breath machine.
Result:	The State dropped the DUI.

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