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

Sep 27, 2018 Case: 2018-CT-019686 Judge Koenig
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. The defendant admitted to having drank a couple of beers. The officer had the defendant perform the HGN (eye test), finger to nose, and finger count exercises. He was then arrested for DUI and later refused the breath test.
Defense: There must be reasonable suspicion of a crime to request roadside tasks. In other words, there must be some evidence of impairment. Here, there was none and the roadsides would have potentially been excluded from evidence. Also, it was unclear why the officer did not give the two nationally standardized exercises (ie. the walk and turn and one leg stand). Yet, he chose to give the finger count test which is typically given in boating under the influence cases.
Result: The State dropped the DUI.
Sep 27, 2018 Case: 2018-CT-019665 Judge Koenig
Facts: The defendant was stopped for weaving and driving under the speed limit. The officer observed an odor of alcohol, a slight slur to his speech, a flushed face, and his eyes were bloodshot. The defendant then performed the walk and turn, one leg stand, and HGN (eye test) exercises. He performed poorly on video tape and was arrested for DUI. After his arrest, he blew a .101 and .107 in the breath machine.
Defense: Roadside tests are supposed to be conducted on a well lit and level surface according the NHTSA manual. Here, the defendant was given the exercises on a dark and very visibly sloped road. It was evident that a mishaps on the exercise were from the conditions, and not alcohol. The defendant can even be seen pointing to the road and its slope while conversing with the officer. This was discussed with the prosecutor.
Result: The State dropped the DUI.
Sep 27, 2018 Case: 2018-CT-019686 Judge Koenig
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and blood shot eyes. The defendant admitted to having drank a couple of beers. The officer had the defendant perform the HGN (eye test), finger to nose, and finger count exercises. He was then arrested for DUI and later refused the breath test.
Defense: There must be reasonable suspicion of a crime to request roadside tasks. In other words, there must be some evidence of impairment. Here, there was none and the roadsides would have potentially been excluded from evidence. Also, it was unclear why the officer did not give the two nationally standardized exercises (ie. the walk and turn and one leg stand). Yet, he chose to give the finger count test which is typically given in boating under the influence cases.
Result: The State dropped the DUI.
Sep 26, 2018 Case: 2018-CT-000601CTAXES Judge Sestak
Facts: The defendant was the at fault diver in a sideswipe crash. When the officer arrived, he observed the defendant to have an odor of alcohol, a flushed face, and glassy eyes. He swayed as he stood and repeated his questions. The defendant refused to perform roadside tasks and was arrested for DUI. He also refused a breath test. This was the defendant's Second DUI.
Defense: Under Florida law, a person can only be requested to provide a breath test after being arrested. Here, the officer asked the defendant for a breath test prior the DUI arrest. The firm then filed a motion to exclude the refusal. Also, the officer did not advise the defendant of any adverse consequences for refusing field sobriety tests. The firm also filed a motion to exclude that refusal too. Finally, the officer never read the defendant his Miranda rights. The firm also filed a motion to suppress his statements under Florida's accident report privilege.
Result: The State dropped the DUI.
Sep 26, 2018 Case: 2018-CT-000007CTAXES Judge Sestak
Facts: The defendant was stopped for swerving. The officer did not smell alcohol, but observed her eyes to be glassy and have constricted and dilated pupils. She fumbled with her documents and her coordination was slow. Believing she was impaired by drugs, she was asked to perform field sobriety tests. She performed poorly on all the roadside tasks and was arrested for DUI. She subsequently provided a urine sample. After being analyzed by FDLE, it revealed a positive result for numerous controlled substances.
Defense: The defendant suffered from many medical illnesses. In fact, on tape she was trying to tell them about her illnesses and injuries, but the officers did not want to hear any of it. The firm brought this and her medical issues to the attention of the State. It was obvious that her illness caused the impairment, not any drugs. Also, the State could not prove whether those drugs were in her system at the time of driving.
Result: The State dropped the DUI.
Sep 26, 2018 Case: 2018-CT-000601CTAXES Judge Sestak
Facts: The defendant was the at fault diver in a sideswipe crash. When the officer arrived, he observed the defendant to have an odor of alcohol, a flushed face, and glassy eyes. He swayed as he stood and repeated his questions. The defendant refused to perform roadside tasks and was arrested for DUI. He also refused a breath test. This was the defendant's Second DUI.
Defense: Under Florida law, a person can only be requested to provide a breath test after being arrested. Here, the officer asked the defendant for a breath test prior the DUI arrest. The firm then filed a motion to exclude the refusal. Also, the officer did not advise the defendant of any adverse consequences for refusing field sobriety tests. The firm also filed a motion to exclude that refusal too. Finally, the officer never read the defendant his Miranda rights. The firm also filed a motion to suppress his statements under Florida's accident report privilege.
Result: The State dropped the DUI.
Sep 26, 2018 Case: 2018-CT-000007CTAXES Judge Sestak
Facts: The defendant was stopped for swerving. The officer did not smell alcohol, but observed her eyes to be glassy and have constricted and dilated pupils. She fumbled with her documents and her coordination was slow. Believing she was impaired by drugs, she was asked to perform field sobriety tests. She performed poorly on all the roadside tasks and was arrested for DUI. She subsequently provided a urine sample. After being analyzed by FDLE, it revealed a positive result for numerous controlled substances.
Defense: The defendant suffered from many medical illnesses. In fact, on tape she was trying to tell them about her illnesses and injuries, but the officers did not want to hear any of it. The firm brought this and her medical issues to the attention of the State. It was obvious that her illness caused the impairment, not any drugs. Also, the State could not prove whether those drugs were in her system at the time of driving.
Result: The State dropped the DUI.
Sep 24, 2018 Case: 16-022352MU10A Judge Evans
Facts: The defendant was the at fault driver in a hit and run crash. A call went out with a description of the defendant's vehicle. An officer spotted it and observed the defendant's vehicle with no headlights. The officer had to use his lights and sirens to get the defendant to finally stop. Upon contact, the officer observed an odor of alcohol, he appeared slow and confused, had slurred speech, and he was very unsteady. Damage was also observed on the vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident where four people were hurt, driving with a suspended license, and Second refusal to take breath test.
Defense: Parks & Braxton filed a motion to exclude the refusal to perform roadside tests because no adverse consequences were given. The firm relied on the lead appellate case in Florida, State v. Thrift, in which Parks & Braxton had argued successfully on appeal, that without adverse consequences being given, the refusal to perform field sobriety tests should be inadmissible. Also, the arresting officer testified in a pretrial deposition taken by the firm, that a video recorded the defendant at the station. The firm then subpoenaed the records custodian of all videos from the police department who testified at a deposition that there was no video. Thus, the officer was caught in a lie. The State the Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2018 Case: 16-022352MU10A Judge Evans
Facts: The defendant was the at fault driver in a hit and run crash. A call went out with a description of the defendant's vehicle. An officer spotted it and observed the defendant's vehicle with no headlights. The officer had to use his lights and sirens to get the defendant to finally stop. Upon contact, the officer observed an odor of alcohol, he appeared slow and confused, had slurred speech, and he was very unsteady. Damage was also observed on the vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident where four people were hurt, driving with a suspended license, and Second refusal to take breath test.
Defense: Parks & Braxton filed a motion to exclude the refusal to perform roadside tests because no adverse consequences were given. The firm relied on the lead appellate case in Florida, State v. Thrift, in which Parks & Braxton had argued successfully on appeal, that without adverse consequences being given, the refusal to perform field sobriety tests should be inadmissible. Also, the arresting officer testified in a pretrial deposition taken by the firm, that a video recorded the defendant at the station. The firm then subpoenaed the records custodian of all videos from the police department who testified at a deposition that there was no video. Thus, the officer was caught in a lie. The State the Dropped the DUI.
Result: The State dropped the DUI.
Sep 13, 2018 Case: 2018-CT-003378 Judge Weis
Facts: The defendant was stopped for cutting in front of an officer and speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared unsteady. The defendant had thick tongued speech and stated that he had consumed a beer and a shot. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video contradicted the officer's reports in many ways which was pointed out to the State. For example, the defendant's speech was not thick tongued and he did not appear unsteady. Also, the officer exaggerated the defendant's level of impairment on the field sobriety tests in his reports which was contradicted by the tape.
Result: The State dropped the DUI.
Sep 13, 2018 Case: 2018-CT-003378 Judge Weis
Facts: The defendant was stopped for cutting in front of an officer and speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared unsteady. The defendant had thick tongued speech and stated that he had consumed a beer and a shot. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video contradicted the officer's reports in many ways which was pointed out to the State. For example, the defendant's speech was not thick tongued and he did not appear unsteady. Also, the officer exaggerated the defendant's level of impairment on the field sobriety tests in his reports which was contradicted by the tape.
Result: The State dropped the DUI.
Sep 12, 2018 Case: 2018-CT-000100 Judge Myers
Facts: The defendant was stopped for speeding, weaving all over the road, and failing to drive through light cycles. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. She exhibited unstable balance and kept repeating herself. The defendant was arrested after performing the field sobriety tests. She subsequently blew a. 138 and a .138 in the breath machine.
Defense: The defendant's performance on the field sobriety tests contradicted her breath test results and clearly showed she was under the legal limit at the time of driving. Also, on tape the defendant's speech was not slurred and she was not off balance.
Result: The State dropped the DUI.
Sep 12, 2018 Case: 2018-CT-000100 Judge Myers
Facts: The defendant was stopped for speeding, weaving all over the road, and failing to drive through light cycles. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. She exhibited unstable balance and kept repeating herself. The defendant was arrested after performing the field sobriety tests. She subsequently blew a. 138 and a .138 in the breath machine.
Defense: The defendant's performance on the field sobriety tests contradicted her breath test results and clearly showed she was under the legal limit at the time of driving. Also, on tape the defendant's speech was not slurred and she was not off balance.
Result: The State dropped the DUI.
Sep 6, 2018 Case: 2018-CT-1091 Judge Carr
Facts: Officers responded to the scene of a disturbance and an accident. The officer observed the defendant to have an odor of alcohol, a flushed face, and glassy eyes. The defendant admitted to drinking 5 beers over a four hour period. After performing the roadsides, he was arrested for DUI and subsequently blew a .082 in the breath machine.
Defense: Due to the .005 and also the .02 margin of error in the breath machine, the defense was able to place the defendant under the legal limit.
Result: The State dropped the DUI.
Sep 6, 2018 Case: 2018-CT-1091 Judge Carr
Facts: Officers responded to the scene of a disturbance and an accident. The officer observed the defendant to have an odor of alcohol, a flushed face, and glassy eyes. The defendant admitted to drinking 5 beers over a four hour period. After performing the roadsides, he was arrested for DUI and subsequently blew a .082 in the breath machine.
Defense: Due to the .005 and also the .02 margin of error in the breath machine, the defense was able to place the defendant under the legal limit.
Result: The State dropped the DUI.
Sep 5, 2018 Case: 2018-CT-001042 Judge Crown
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two glasses of wine. She then performed the field sobriety tests on video tape and was arrested for DUI. After her arrest, she blew a 114 and a .117 in the breath machine.
Defense: The defendant's video tape contradicted the all the police reports.
Result: The State dropped the DUI.
Sep 5, 2018 Case: 2018-CT-001042 Judge Crown
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two glasses of wine. She then performed the field sobriety tests on video tape and was arrested for DUI. After her arrest, she blew a 114 and a .117 in the breath machine.
Defense: The defendant's video tape contradicted the all the police reports.
Result: The State dropped the DUI.
Sep 4, 2018 Case: 2018-CT-013439 Judge T. Brown
Facts: The defendant was found passed out in this car in a mall parking lot. When officers approached, the they had to bang on the window several times to finally get him to respond. Once he opened the door, the officers observed an odor of alcohol, mumbled speech, and glassy eyes. He swayed as he stood, stumbled, and admitted to drinking. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test.
Defense: On video, when asking the defendant to perform the field sobriety tests, they misstated the law. Thus, their actual knowledge of the DUI laws in Florida were called into question. Also, the defendant was not in actual physical control because he was sleeping in his car. The State Dropped the DUI.
Result: The State dropped the DUI.
Sep 4, 2018 Case: 2018-CT-013439 Judge T. Brown
Facts: The defendant was found passed out in this car in a mall parking lot. When officers approached, the they had to bang on the window several times to finally get him to respond. Once he opened the door, the officers observed an odor of alcohol, mumbled speech, and glassy eyes. He swayed as he stood, stumbled, and admitted to drinking. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test.
Defense: On video, when asking the defendant to perform the field sobriety tests, they misstated the law. Thus, their actual knowledge of the DUI laws in Florida were called into question. Also, the defendant was not in actual physical control because he was sleeping in his car. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 30, 2018 Case: 2018-CT-013388 Judge Baker
Facts: The defendant was stopped after a 911 caller called in that the defendant was driving all over the roadway. Once contact was made, the officer smelled an odor of alcohol, observed slow/mumbled speech, and dilated pupils. He also had a flushed face, slow movements, and he swayed. The officer observed several small bottles of Jim Beam alcohol in the defendant's vehicle. The defendant stated he had drank beers prior to driving. He then performed poorly on the field sobriety tests on video and was arrested for DUI.
Defense: Pretrial, the firm provided several pieces of favorable evidence provided by the defendant to the State. After a review, the State Dropped the DUI.
Result: The State dropped the DUI.

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