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

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

Jan 9, 2019 Case: 2017-MM-001480 Judge Hamilton
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he was unsteady on his feet. He then performed poorly on the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense: The dash cam video contradicted the officer's reports as to his performance on the roadside tests and alleged level of impairment.
Result: The State dropped the DUI.
Jan 8, 2019 Case: 18-CT-503449 Judge Gagliardi
Facts: The defendant was stopped for having a broken taillight, speeding, and driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he admitted to having drank 6 beers. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .11 and a .10 in the breath machine.
Defense: After reviewing the officer's body camera, the defense observed that the officer misstated the law and coerced the defendant into performing the breath test. He advised him that he would be un-arrested and released if he blew under the legal limit. None of that had been written in his police report. This was brought to the attention of the prosecutor who agreed. Thus, with the possibility of the breath test being excluded by a defense pretrial motion, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2019 Case: 2018-CT-013429 Judge Conrad
Facts: The defendant was stopped for swerving. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant had a hard time finding his registration and he admitted to having to drank beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .155 and a .151 in the breath machine.
Defense: The firm pointed out to the State that the stop may be unlawful. There was no traffic that was affected by his driving and the officer did not write any specifics.
Result: The State dropped the DUI.
Jan 8, 2019 Case: 2018-CT-013429 Judge Conrad
Facts: The defendant was stopped for swerving. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant had a hard time finding his registration and he admitted to having to drank beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .155 and a .151 in the breath machine.
Defense: The firm pointed out to the State that the stop may be unlawful. There was no traffic that was affected by his driving and the officer did not write any specifics.
Result: The State dropped the DUI.
Jan 8, 2019 Case: 18-CT-503449 Judge Gagliardi
Facts: The defendant was stopped for having a broken taillight, speeding, and driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he admitted to having drank 6 beers. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .11 and a .10 in the breath machine.
Defense: After reviewing the officer's body camera, the defense observed that the officer misstated the law and coerced the defendant into performing the breath test. He advised him that he would be un-arrested and released if he blew under the legal limit. None of that had been written in his police report. This was brought to the attention of the prosecutor who agreed. Thus, with the possibility of the breath test being excluded by a defense pretrial motion, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 3, 2019 Case: 2018-CT-008128 Judge Shoemaker
Facts: The defendant was stopped for weaving and speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and dry lips. The defendant admitted to drinking and had to lean against his car. He then performed poorly on the roadside tests and was arrested for DUI.
Defense: The firm announced ready for jury trial. A week prior to trial, the firm pointed out to the State that the defendant was a disabled vet. He had various medical issues including problems with his knees and mid-section. All of these issues contributed to his alleged poor performance on the field sobriety tests. Also, there was in car video which captured the defendant's performance on the roadside tests which the State did not produce. The defendant's speedy trial rights were not waived. The State Dismissed the DUI.
Result: The DUI was dismissed.
Jan 3, 2019 Case: 2018-CT-008128 Judge Shoemaker
Facts: The defendant was stopped for weaving and speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and dry lips. The defendant admitted to drinking and had to lean against his car. He then performed poorly on the roadside tests and was arrested for DUI.
Defense: The firm announced ready for jury trial. A week prior to trial, the firm pointed out to the State that the defendant was a disabled vet. He had various medical issues including problems with his knees and mid-section. All of these issues contributed to his alleged poor performance on the field sobriety tests. Also, there was in car video which captured the defendant's performance on the roadside tests which the State did not produce. The defendant's speedy trial rights were not waived. The State Dismissed the DUI.
Result: The DUI was dismissed.
Dec 18, 2018 Case: 2018-CT-010701 Judge Farr
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, glazed eyes, and lethargic movements. He also swayed while he stood. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .174 and a .172 in the breath machine.
Defense: The specifics of the weaving were not detailed. Since no one knew the distance traveled, how many times he weaved, or the time frame, the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Dec 18, 2018 Case: 2018-CT-010701 Judge Farr
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, glazed eyes, and lethargic movements. He also swayed while he stood. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .174 and a .172 in the breath machine.
Defense: The specifics of the weaving were not detailed. Since no one knew the distance traveled, how many times he weaved, or the time frame, the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Dec 12, 2018 Case: 2018-CT-001775 Judge Mcgarity
Facts: The police were called after a homeowner heard noises coming from her bushes. Police responded and noticed the defendant driving a golf cart in the immediate vicinity. Upon contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. He then performed the roadside tasks. He performed very poorly according to the officer's reports and he was arrested for DUI. This was the defendant's Third DUI arrest.
Defense: Roadside tests are supposed to be conducted in a well lit area per the NHTSA regulations. Here, on video, they were conducted in a pitch black area. No one could even see how the defendant actually performed. The DUI was dismissed.
Result: The DUI was dismissed.
Dec 12, 2018 Case: A96L8TE Judge Riba
Facts: An anonymous caller dialed 911 stating that he heard a female yelling at her male passenger to get out of her car. Police responded and made contact with the defendant who was in the driver's seat. They observed her to have an odor of alcohol, slurred speech, and she had a blank/dazed stare. She also had bloodshot eyes and swayed while she stood. She failed all the field sobriety tests and was arrested for DUI. After her arrest, she blew a .143 and a .144 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no lawful basis to initially seize and stop the defendant. Here the officer ordered the defendant to unlawfully roll down her windows and then turn off the car without any reasonable suspicion of a crime. Prior to the motion hearing, the State agreed with our legal position and Dropped the DUI.
Result: The State dropped the DUI.
Dec 12, 2018 Case: 2018-CT-001775 Judge Mcgarity
Facts: The police were called after a homeowner heard noises coming from her bushes. Police responded and noticed the defendant driving a golf cart in the immediate vicinity. Upon contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. He then performed the roadside tasks. He performed very poorly according to the officer's reports and he was arrested for DUI. This was the defendant's Third DUI arrest.
Defense: Roadside tests are supposed to be conducted in a well lit area per the NHTSA regulations. Here, on video, they were conducted in a pitch black area. No one could even see how the defendant actually performed. The DUI was dismissed.
Result: The DUI was dismissed.
Dec 12, 2018 Case: A96L8TE Judge Riba
Facts: An anonymous caller dialed 911 stating that he heard a female yelling at her male passenger to get out of her car. Police responded and made contact with the defendant who was in the driver's seat. They observed her to have an odor of alcohol, slurred speech, and she had a blank/dazed stare. She also had bloodshot eyes and swayed while she stood. She failed all the field sobriety tests and was arrested for DUI. After her arrest, she blew a .143 and a .144 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no lawful basis to initially seize and stop the defendant. Here the officer ordered the defendant to unlawfully roll down her windows and then turn off the car without any reasonable suspicion of a crime. Prior to the motion hearing, the State agreed with our legal position and Dropped the DUI.
Result: The State dropped the DUI.
Dec 10, 2018 Case: AAB71JE Judge Bedinghaus
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of marijuana coming from the car and his breath, bloodshot eyes, eyelid tremors and dilated pupils. He had slow reactions, laughing at times, and an inability to focus. He then performed field sobriety tests on tape and was arrested for DUI.
Defense: The defendant's video contradicted all the observations that the officer had written about in regards to his level of impairment. Further, the State could not prove that the defendant had consumed the marijuana the day in question, as it stays in your system for up to thirty days.
Result: The DUI was dismissed.
Dec 10, 2018 Case: AAB71JE Judge Bedinghaus
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of marijuana coming from the car and his breath, bloodshot eyes, eyelid tremors and dilated pupils. He had slow reactions, laughing at times, and an inability to focus. He then performed field sobriety tests on tape and was arrested for DUI.
Defense: The defendant's video contradicted all the observations that the officer had written about in regards to his level of impairment. Further, the State could not prove that the defendant had consumed the marijuana the day in question, as it stays in your system for up to thirty days.
Result: The DUI was dismissed.
Dec 7, 2018 Case: 2018-CT-010831 Judge Panse
Facts: The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred/slow speech, and he swayed as he stood. He performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .177 and a .176 in the breath machine.
Defense: For some unexplained reason, the defendant's roadside tests were not captured on tape even though the driving pattern was recorded. Prior to any motion to dismiss for destruction of evidence being filed by the firm, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2018 Case: 2018-CT-011734 Judge Harper
Facts: The defendant was stopped for stopping over the stop bar at a red light. The officer observed an odor of alcohol, slow speech, and he admitted to having drank beers. He stumbled and staggered while outside the vehicle. He did not perform to standards on the roadside tests and was arrested for DUI. He later blew a .194 and a .184 in the breath machine.
Defense: The firm was able to point out many characteristics that would have caused the defendant to have messed up the field sobriety tests, such as his age and numerous injuries.
Result: The State dropped the DUI.
Dec 7, 2018 Case: 2018-CT-012349 Judge Shepherd
Facts: The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, red bloodshot eyes, and there were partially consumed beers in the vehicle. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The firm pointed out to the State that any mishaps on the field sobriety tests were due to a language barrier between the defendant and the officer.
Result: The State dropped the DUI.
Dec 7, 2018 Case: 2018-CT-010831 Judge Panse
Facts: The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred/slow speech, and he swayed as he stood. He performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .177 and a .176 in the breath machine.
Defense: For some unexplained reason, the defendant's roadside tests were not captured on tape even though the driving pattern was recorded. Prior to any motion to dismiss for destruction of evidence being filed by the firm, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2018 Case: 2018-CT-011734 Judge Harper
Facts: The defendant was stopped for stopping over the stop bar at a red light. The officer observed an odor of alcohol, slow speech, and he admitted to having drank beers. He stumbled and staggered while outside the vehicle. He did not perform to standards on the roadside tests and was arrested for DUI. He later blew a .194 and a .184 in the breath machine.
Defense: The firm was able to point out many characteristics that would have caused the defendant to have messed up the field sobriety tests, such as his age and numerous injuries.
Result: The State dropped the DUI.

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