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

Jun 13, 2018 Case: 2018-CT-000650 Judge Shoemaker
Facts: The defendant was found passed out in his car by an officer. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and he stumbled while he stood. His eyes were bloodshot and his mouth as dry and pasty. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense: Parks & Braxton announced ready for trial. Given the fact that the defendant was sleeping behind the wheel of the vehicle, there was a question as to whether the defendant was in actual physical control of a motor vehicle. On the day of trial, the State dropped the DUI.
Result: On the day of trial, the State Dropped the DUI and the defendant received no conviction at all on his record.
Jun 8, 2018 Case: 2018-CT-013770AXXXXX Judge Naberhaus
Facts: The defendant was stopped for speeding. Upon contact, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to having drank 2 to 3 Bud Light beers. She swayed while she stood and was emotional. After performing the field sobriety tests on tape, she was arrested for DUI.
Defense: The firm had discussions with the State whereby we pointed out them that the defendant's "normal faculties" were not impaired as required by Florida law.
Result: The State dropped the DUI.
Jun 8, 2018 Case: 2017-CT-050712AXXXXX Judge Naberhaus
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He was slow to exit the vehicle, slow walking, and swayed while he stood. According to the officer, he performed poorly on the roadside tests which were videotaped and he was arrested for DUI. He later refused the breath test.
Defense: On tape, the officer misstated the law and coerced the defendant into performing field sobriety tests. The firm then pulled the applicable case law and filed a motion to suppress the roadside tests. Prior to any motion hearing being held, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 8, 2018 Case: 2018-CT-013770AXXXXX Judge Naberhaus
Facts: The defendant was stopped for speeding. Upon contact, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to having drank 2 to 3 Bud Light beers. She swayed while she stood and was emotional. After performing the field sobriety tests on tape, she was arrested for DUI.
Defense: The firm had discussions with the State whereby we pointed out them that the defendant's "normal faculties" were not impaired as required by Florida law.
Result: The State dropped the DUI.
Jun 8, 2018 Case: 2017-CT-050712AXXXXX Judge Naberhaus
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He was slow to exit the vehicle, slow walking, and swayed while he stood. According to the officer, he performed poorly on the roadside tests which were videotaped and he was arrested for DUI. He later refused the breath test.
Defense: On tape, the officer misstated the law and coerced the defendant into performing field sobriety tests. The firm then pulled the applicable case law and filed a motion to suppress the roadside tests. Prior to any motion hearing being held, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-038928 Judge Ingram
Facts: The defendant was involved in a crash whereby he struck a mailbox, a fire hydrant, and finally a tree stump. Prior to the crash, a caller called 911 about the defendant driving recklessly. Officers observed the defendant to have bloodshot eyes, slurred/mumbled speech, and he was unsteady. The defendant staggered, stumbled, and had various mood swings. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He performed very poorly and was arrested for DUI.
Defense: Under Florida law, a person can only be convicted of DUI if they are impaired by a specific chemical and/or controlled substance, other than alcohol of course. The defendant admitted to taking various pills for different conditions and sleeping meds, but did not specify which ones. Although he was impaired, the State could not prove by which chemical and/or controlled substance specifically was impairing him as required by Florida Statute 316.193 (the DUI Statute).
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-022170 Judge Valkenburg
Facts: The defendant was involved in a one car crash whereby she drove off the roadway into a ditch. She also hit a DOT sign which ended up causing the car to be totaled and airbags were deployed. When the trooper arrived, he noticed the defendant to have an odor of alcohol, slurred speech, an orbital sway, and glassy eyes. She admitted to drinking post Miranda and then was asked to perform the HGN (eye test ), walk and turn, and one leg stand exercises. She performed poorly on video tape and was arrested for DUI. She subsequently refused the breath test.
Defense: Prior to trial, the firm sent the State pictures of the totaled car, the airbags deployed in the car, and photos of the defendant's injuries after the crash. It was obvious that the alleged impairment could have been as easily to do with the severity of the crash versus alcohol. Yet, the officer still had her doing a walk and turn and one leg stand tests versus non-physical exercises like the alphabet and finger to nose tests.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-000050 Judge S. Jewett
Facts: A caller advised 911 that the defendant was driving all over the road. When police spotted the defendant's car, they observed him drifting all over and almost crashing. Upon contact, after the traffic stop was conducted, officers detected a faint odor of alcohol, slurred speech, and he rambled on about unrelated topics. He appeared sleepy, had flaccid muscle tone, glassy eyes, and was very unsteady. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests.
Defense: There were no body cameras or an in-car camera on scene. Officers believed the defendant was impaired by a chemical and/or controlled substance. Since the defendant never submitted to a DRE (drug recognition exam), the State Dropped the DUI and the defendant received no criminal conviction on his record.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-023188 Judge Valkenburg
Facts: Police were dispatched to a call about a reckless driver. Upon seeing the car matching the description, which was driven by the defendant, the officer observed her run a stop sign. He then initiated a traffic stop. He observed her to have an odor of alcohol, bloodshot eyes, and she admitted to having drank beer. Officers also observed slurred speech and unsteadiness. She refused to perform roadside tasks and was arrested for DUI.
Defense: There was no video and the officer only wrote in generalities in his reports. For example, he wrote she was "unsteady" but failed to articulate what facts led him to believe that. The firm pointed this out to the State prior to trial and they Dropped the DUI.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-023188 Judge Valkenburg
Facts: Police were dispatched to a call about a reckless driver. Upon seeing the car matching the description, which was driven by the defendant, the officer observed her run a stop sign. He then initiated a traffic stop. He observed her to have an odor of alcohol, bloodshot eyes, and she admitted to having drank beer. Officers also observed slurred speech and unsteadiness. She refused to perform roadside tasks and was arrested for DUI.
Defense: There was no video and the officer only wrote in generalities in his reports. For example, he wrote she was "unsteady" but failed to articulate what facts led him to believe that. The firm pointed this out to the State prior to trial and they Dropped the DUI.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-000050 Judge S. Jewett
Facts: A caller advised 911 that the defendant was driving all over the road. When police spotted the defendant's car, they observed him drifting all over and almost crashing. Upon contact, after the traffic stop was conducted, officers detected a faint odor of alcohol, slurred speech, and he rambled on about unrelated topics. He appeared sleepy, had flaccid muscle tone, glassy eyes, and was very unsteady. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests.
Defense: There were no body cameras or an in-car camera on scene. Officers believed the defendant was impaired by a chemical and/or controlled substance. Since the defendant never submitted to a DRE (drug recognition exam), the State Dropped the DUI and the defendant received no criminal conviction on his record.
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-038928 Judge Ingram
Facts: The defendant was involved in a crash whereby he struck a mailbox, a fire hydrant, and finally a tree stump. Prior to the crash, a caller called 911 about the defendant driving recklessly. Officers observed the defendant to have bloodshot eyes, slurred/mumbled speech, and he was unsteady. The defendant staggered, stumbled, and had various mood swings. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He performed very poorly and was arrested for DUI.
Defense: Under Florida law, a person can only be convicted of DUI if they are impaired by a specific chemical and/or controlled substance, other than alcohol of course. The defendant admitted to taking various pills for different conditions and sleeping meds, but did not specify which ones. Although he was impaired, the State could not prove by which chemical and/or controlled substance specifically was impairing him as required by Florida Statute 316.193 (the DUI Statute).
Result: The State dropped the DUI.
Jun 7, 2018 Case: 2017-CT-022170 Judge Valkenburg
Facts: The defendant was involved in a one car crash whereby she drove off the roadway into a ditch. She also hit a DOT sign which ended up causing the car to be totaled and airbags were deployed. When the trooper arrived, he noticed the defendant to have an odor of alcohol, slurred speech, an orbital sway, and glassy eyes. She admitted to drinking post Miranda and then was asked to perform the HGN (eye test ), walk and turn, and one leg stand exercises. She performed poorly on video tape and was arrested for DUI. She subsequently refused the breath test.
Defense: Prior to trial, the firm sent the State pictures of the totaled car, the airbags deployed in the car, and photos of the defendant's injuries after the crash. It was obvious that the alleged impairment could have been as easily to do with the severity of the crash versus alcohol. Yet, the officer still had her doing a walk and turn and one leg stand tests versus non-physical exercises like the alphabet and finger to nose tests.
Result: The State dropped the DUI.
Jun 4, 2018 Case: 18-CT-500084 Judge Gagliardi
Facts: The defendant was stopped for weaving and following too closely. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, lethargic movements, appeared unsteady, and stated he had a couple of drinks. He then performed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. There was no video tape and the officer did not describe the roadsides in any detail in his reports. Due the lack of specificity, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 4, 2018 Case: 18-CT-500084 Judge Gagliardi
Facts: The defendant was stopped for weaving and following too closely. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, lethargic movements, appeared unsteady, and stated he had a couple of drinks. He then performed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. There was no video tape and the officer did not describe the roadsides in any detail in his reports. Due the lack of specificity, the State Dropped the DUI.
Result: The State dropped the DUI.
May 29, 2018 Case: 2017-CT-021396 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The officer observed her to be unsteady and that she stumbled. She refused to perform the roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The video contradicted the officer's reports. For example, the defendant's speech did not appear to be slurred on tape and she was not off balance or unsteady. This was discussed with the prosecutor who then Dropped the DUI.
Result: The State dropped the DUI.
May 29, 2018 Case: 17-018984MU10A Judge Levy
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant denied having drank any alcohol. A DUI officer was called who made similar observations. The defendant was asked to perform the HGN (eye test), one leg stand, Rhomberg balance (estimation of time), finger to nose, and walk and turn exercises. He performed the all of them except the walk and turn. He refused to perform the walk and turn because he thought the line was not straight and that he was nervous. He was then arrested for DUI and refused the breath test. This was the Defendant's Second DUI within five years.
Defense: Parks & Braxton announced ready for trial. Just prior to trial, in discussions with the State, we pointed out that the video totally contradicted what was written in the police reports. Many of the officer's written observations of the specifics of the roadside tests were contradicted by the tape. On the day of jury trial, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
May 29, 2018 Case: 17-018984MU10A Judge Levy
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant denied having drank any alcohol. A DUI officer was called who made similar observations. The defendant was asked to perform the HGN (eye test), one leg stand, Rhomberg balance (estimation of time), finger to nose, and walk and turn exercises. He performed the all of them except the walk and turn. He refused to perform the walk and turn because he thought the line was not straight and that he was nervous. He was then arrested for DUI and refused the breath test. This was the Defendant's Second DUI within five years.
Defense: Parks & Braxton announced ready for trial. Just prior to trial, in discussions with the State, we pointed out that the video totally contradicted what was written in the police reports. Many of the officer's written observations of the specifics of the roadside tests were contradicted by the tape. On the day of jury trial, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
May 29, 2018 Case: 2017-CT-021396 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The officer observed her to be unsteady and that she stumbled. She refused to perform the roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The video contradicted the officer's reports. For example, the defendant's speech did not appear to be slurred on tape and she was not off balance or unsteady. This was discussed with the prosecutor who then Dropped the DUI.
Result: The State dropped the DUI.
May 16, 2018 Case: 17-015788MU10A Judge Gottlieb
Facts: The defendant was the at fault driver in a traffic crash. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred/incoherent speech, and she fumbled with her items. The defendant was very argumentative with the officers. She then performed the field sobriety exercises. For example, on the walk and turn, she stepped off the line, did not touch heel to toe, and made an improper turn. On the one leg stand, she raised her arms for balance, swayed, and did not count as instructed. She was then arrested for DUI and later refused the breath test.
Defense: The firm took a lengthy pretrial sworn deposition of the arresting officer. During questioning, the officer contradicted her police reports and could not remember many important details about the facts of the case. After the State read the depo and realized that their officer's credibility was called into question, they Dropped the DUI.
Result: The State dropped the DUI.

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