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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

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

OUR RECENT VICTORIES

Apr 25, 2018 Case: 2017-CT-001008 Judge S. Jewett
Facts: The defendant was found passed out in his truck in a gas station parking lot. A 911 caller called the police stating the defendant was driving all over the road and gave the defendant's location of his truck at the parking lot. Upon contact, after awakening the defendant, the officer observed the defendant to have an odor of alcohol, blood shot eyes, and he looked like a deer in headlights. The defendant stated he was at a party and had drank vodka. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .164 and .160 in the breath machine.
Defense: Parks & Braxton announced ready for trial. Prior to trial, the defendant provided documents to the firm that he had called for roadside maintenance to fix his tire at the gas station where he was found. A service tech was sent out to fix his tire. The defendant did not tip him which made him angry. Through the documents provided by the defendant, the firm was able to establish a timeline which positively showed that when the 911 call was made, the defendant was actually at the gas station sleeping, and was not driving. We were also able to establish, after some phone calls to the tire service company, that it was actually the service tech who called 911 on the defendant after not getting tipped. Thus, the 911 call tip was deemed unreliable and a lie. Without that call, the defendant would never have been found, nonetheless arrested. On the day of trial, the State Dropped the DUI and he received No criminal conviction at all on his record.
Result: The State dropped the DUI.
Apr 25, 2018 Case: A6MLCWE Judge Bedinghaus
Facts: The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two beers and he staggered as he walked. He then performed the field sobriety tests and was subsequently arrested for DUI. He later refused the breath test.
Defense: During pretrial negotiations, the firm pointed out to the State that DUI video tape contradicted the officer's reports. For example, on tape his speech was not slurred and he never staggered. Also, when the defendant disputed the reason for the traffic stop, the arresting officer told him that the stopping officer had a camera. That was not true. Thus, his credibility was now called into question.
Result: The State dropped the DUI.
Apr 25, 2018 Case: 2017-CT-001008 Judge S. Jewett
Facts: The defendant was found passed out in his truck in a gas station parking lot. A 911 caller called the police stating the defendant was driving all over the road and gave the defendant's location of his truck at the parking lot. Upon contact, after awakening the defendant, the officer observed the defendant to have an odor of alcohol, blood shot eyes, and he looked like a deer in headlights. The defendant stated he was at a party and had drank vodka. He performed very poorly on the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .164 and .160 in the breath machine.
Defense: Parks & Braxton announced ready for trial. Prior to trial, the defendant provided documents to the firm that he had called for roadside maintenance to fix his tire at the gas station where he was found. A service tech was sent out to fix his tire. The defendant did not tip him which made him angry. Through the documents provided by the defendant, the firm was able to establish a timeline which positively showed that when the 911 call was made, the defendant was actually at the gas station sleeping, and was not driving. We were also able to establish, after some phone calls to the tire service company, that it was actually the service tech who called 911 on the defendant after not getting tipped. Thus, the 911 call tip was deemed unreliable and a lie. Without that call, the defendant would never have been found, nonetheless arrested. On the day of trial, the State Dropped the DUI and he received No criminal conviction at all on his record.
Result: The State dropped the DUI.
Apr 24, 2018 Case: 2017-CT-008550NC Judge Galen
Facts: The defendant was found passed out in his car at a red light. Upon awakening the defendant, the officer noticed him to have an odor of alcohol, slurred speech, and watery eyes. He appeared very unsteady and was stumbling. The defendant stated that he had drank beer at a bar. After performing poorly on the roadside tests, he was arrested for DUI and subsequently refused the breath test.
Defense: After numerous pretrial talks over an extended period of time, the State Dropped the DUI.
Result: After numerous pretrial talks over an extended period of time, the State Dropped the DUI.
Apr 24, 2018 Case: 16-031116MU10A Judge Brown
Facts: The defendant was the at fault driver in a T-Bone crash at an intersection. Officers observed the defendant to have an odor of alcohol, red eyes, and a sway to his stance. The defendant stated he had drank beer and beers were also found in his car. He refused to perform the roadside tasks and was arrested for DUI.
Defense: Prior to trial, the firm took pretrial sworn depositions of the three officers involved in the case. Upon questioning by the firm, each officer contradicted each other's testimony and their respective reports. The depositions were shown to the State and each officer's credibility was severely damaged. On the day of trial the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 24, 2018 Case: 17-013341MU10A Judge Brown
Facts: The defendant was stopped for speeding, swerving, and almost sideswiping another car. The officer observed the defendant to have an odor of alcohol, a blank stare, bloodshot eyes. He also admitted to having drank 2 to 3 beers. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: A review of the video tape by the firm revealed that it contradicted many observations that were written in the police reports regarding the field sobriety tests. The firm announced ready for trial and on the day of trial the State dropped the DUI.
Result: The State dropped the DUI.
Apr 24, 2018 Case: 16-031116MU10A Judge Brown
Facts: The defendant was the at fault driver in a T-Bone crash at an intersection. Officers observed the defendant to have an odor of alcohol, red eyes, and a sway to his stance. The defendant stated he had drank beer and beers were also found in his car. He refused to perform the roadside tasks and was arrested for DUI.
Defense: Prior to trial, the firm took pretrial sworn depositions of the three officers involved in the case. Upon questioning by the firm, each officer contradicted each other's testimony and their respective reports. The depositions were shown to the State and each officer's credibility was severely damaged. On the day of trial the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 24, 2018 Case: 17-013341MU10A Judge Brown
Facts: The defendant was stopped for speeding, swerving, and almost sideswiping another car. The officer observed the defendant to have an odor of alcohol, a blank stare, bloodshot eyes. He also admitted to having drank 2 to 3 beers. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: A review of the video tape by the firm revealed that it contradicted many observations that were written in the police reports regarding the field sobriety tests. The firm announced ready for trial and on the day of trial the State dropped the DUI.
Result: The State dropped the DUI.
Apr 24, 2018 Case: 2017-CT-008550NC Judge Galen
Facts: The defendant was found passed out in his car at a red light. Upon awakening the defendant, the officer noticed him to have an odor of alcohol, slurred speech, and watery eyes. He appeared very unsteady and was stumbling. The defendant stated that he had drank beer at a bar. After performing poorly on the roadside tests, he was arrested for DUI and subsequently refused the breath test.
Defense: After numerous pretrial talks over an extended period of time, the State Dropped the DUI.
Result: After numerous pretrial talks over an extended period of time, the State Dropped the DUI.
Apr 13, 2018 Case: 2017-CT-001057 Judge Bryant
Facts: An officer who was on routine patrol saw a white pickup truck stopped on the west side of the road. The officer pulled up behind the truck to check on the welfare of the driver. The driver then pulled off with his tires half on the grass and half on the road. The officer initiated a traffic stop. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he stumbled upon exiting the truck. The defendant could not stand up without leaning on the truck for balance. He was asked to perform roadside tasks, however, he refused. He was then arrested for DUI. This was the defendant's Second DUI.
Defense: In order to conduct a traffic stop for welfare check, also known as the community caretaker exception, there must a reason to ensure the safety and welfare of the citizens at large. Here, none existed, so the defense provided case law to the State to show that the traffic stop was unlawful. The State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Apr 13, 2018 Case: 2017-CT-001057 Judge Bryant
Facts: An officer who was on routine patrol saw a white pickup truck stopped on the west side of the road. The officer pulled up behind the truck to check on the welfare of the driver. The driver then pulled off with his tires half on the grass and half on the road. The officer initiated a traffic stop. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he stumbled upon exiting the truck. The defendant could not stand up without leaning on the truck for balance. He was asked to perform roadside tasks, however, he refused. He was then arrested for DUI. This was the defendant's Second DUI.
Defense: In order to conduct a traffic stop for welfare check, also known as the community caretaker exception, there must a reason to ensure the safety and welfare of the citizens at large. Here, none existed, so the defense provided case law to the State to show that the traffic stop was unlawful. The State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Apr 11, 2018 Case: 2018-CT-000626AXXXMA Judge Drake
Facts: The defendant was involved in a crash whereby she hit a mail box. The defendant appeared unsteady, lethargic, disoriented, and confused. Believing she was impaired by a chemical or controlled substance, the defendant was asked to perform field sobriety exercises. According to the officer, she failed and was arrested for DUI.
Defense: The defense prevented the State from filing a DUI charge as they could not prove specifically by what chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. After the DUI was dismissed, the State then took it one step further and filed it as a reckless driving. After pointing out all the facts that it was no reckless driving (ie. driving in a willful and wanton manner), the State dismissed that charge too.
Result: The DUI was dismissed.
Apr 11, 2018 Case: 2018-CT-002878 Judge Valkenburg
Facts: The defendant ran a red light and ended up stuck in a ditch. Upon arrival, officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant told the officer prior to roadside tests that he had a traumatic brain injury. Yet the officer still administered the physical field sobriety tests. We pointed out to the State than any impairment could have easily been attributed to a prior head and brain injury versus alcohol.
Result: The State dropped the DUI.
Apr 11, 2018 Case: 2018-CT-000626AXXXMA Judge Drake
Facts: The defendant was involved in a crash whereby she hit a mail box. The defendant appeared unsteady, lethargic, disoriented, and confused. Believing she was impaired by a chemical or controlled substance, the defendant was asked to perform field sobriety exercises. According to the officer, she failed and was arrested for DUI.
Defense: The defense prevented the State from filing a DUI charge as they could not prove specifically by what chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. After the DUI was dismissed, the State then took it one step further and filed it as a reckless driving. After pointing out all the facts that it was no reckless driving (ie. driving in a willful and wanton manner), the State dismissed that charge too.
Result: The DUI was dismissed.
Apr 11, 2018 Case: 2018-CT-002878 Judge Valkenburg
Facts: The defendant ran a red light and ended up stuck in a ditch. Upon arrival, officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant told the officer prior to roadside tests that he had a traumatic brain injury. Yet the officer still administered the physical field sobriety tests. We pointed out to the State than any impairment could have easily been attributed to a prior head and brain injury versus alcohol.
Result: The State dropped the DUI.
Apr 10, 2018 Case: 14-040150MU10A Judge Lerner-Wren
Facts: An officer received a call regarding a crash. The officer located the alleged victim who subsequently pointed at the defendant's car. The officer proceeded to pull over the defendant. He observed a strong odor of alcohol, slurred speech, bloodshot eyes and a flushed face. The defendant told the officer that she had been drinking lite beer and was on her way home. The defendant performed poorly on the walk and turn, one leg stand and finger to nose tests, and was arrested for DUI. This was her second offense for DUI.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. Specifically, the firm argued that there was no damage to either vehicle and therefore the officer was not legally entitled to pull the defendant over. The officer testified that he later observed no damage but was unaware at the time of the stop. The Judge granted the motion based on the fact that the officer failed to observe any damage prior to activating his lights and pulling over the defendant. All of the evidence was excluded.
Result: The State dropped the DUI.
Apr 10, 2018 Case: 2017-CM-002296 Judge Valkenburg
Facts: The defendant was stopped for driving down a one way street. The officer smelled an odor of alcohol, a strong odor of marijuana, noticed watery/bloodshot eyes, and also observed slurred speech. She also exhibited a sleepy appearance and admitted to having drank alcohol and smoked marijuana. After performing field sobriety exercises, the defendant was arrested for DUI. She subsequently refused the breath and urine tests. In a search incident to arrest, marijuana as found in the car and she was also charged with possession.
Defense: The officer's police reports were contradicted by the video tape as it related to the defendant's performance on the roadside tests. The State Dropped the DUI and the defendant received No conviction on the possession charge.
Result: The State dropped the DUI.
Apr 10, 2018 Case: 14-040150MU10A Judge Lerner-Wren
Facts: An officer received a call regarding a crash. The officer located the alleged victim who subsequently pointed at the defendant's car. The officer proceeded to pull over the defendant. He observed a strong odor of alcohol, slurred speech, bloodshot eyes and a flushed face. The defendant told the officer that she had been drinking lite beer and was on her way home. The defendant performed poorly on the walk and turn, one leg stand and finger to nose tests, and was arrested for DUI. This was her second offense for DUI.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. Specifically, the firm argued that there was no damage to either vehicle and therefore the officer was not legally entitled to pull the defendant over. The officer testified that he later observed no damage but was unaware at the time of the stop. The Judge granted the motion based on the fact that the officer failed to observe any damage prior to activating his lights and pulling over the defendant. All of the evidence was excluded.
Result: The State dropped the DUI.
Apr 10, 2018 Case: 2017-CM-002296 Judge Valkenburg
Facts: The defendant was stopped for driving down a one way street. The officer smelled an odor of alcohol, a strong odor of marijuana, noticed watery/bloodshot eyes, and also observed slurred speech. She also exhibited a sleepy appearance and admitted to having drank alcohol and smoked marijuana. After performing field sobriety exercises, the defendant was arrested for DUI. She subsequently refused the breath and urine tests. In a search incident to arrest, marijuana as found in the car and she was also charged with possession.
Defense: The officer's police reports were contradicted by the video tape as it related to the defendant's performance on the roadside tests. The State Dropped the DUI and the defendant received No conviction on the possession charge.
Result: The State dropped the DUI.
Apr 5, 2018 Case: 2017-CT-002237 Judge Vandercar
Facts: The defendant was stopped after swerving in and out of his lanes of travel. The officer observed slightly slurred speech, poor coordination, and a noticeable odor of alcohol. The defendant was unsteady on his feet and swayed while walking. He was then asked to perform field sobriety tests. He performed poorly and was then arrested for DUI. This was the defendant's Second DUI.
Defense: Upon cross examination under oath at the civil administrative hearing, the officer testified that he did not smell an odor of alcohol and concluded that the defendant was impaired by something, but could not state by what chemical or controlled substance as required by Florida law. The officer's credibility was now called into serious question because of his conflicting statements under oath about an odor of alcohol in his police report versus his administrative hearing testimony. The State Dropped the DUI and the defendant received No conviction at all on his record.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.