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

Apr 27, 2017 Case: 2016-CM-013349 Judge Myers
Facts: The defendant was stopped for weaving within its lane of travel and crossing over the white lane markers. Once stopped, the officer noticed the defendant to have an odor of marijuana, slurred/mumbled speech, and lethargic movements. The defendant admitted to smoking pot a few hours before he was stopped. He then performed the roadside tests. According to the officer, he failed and was arrested for DUI. After his arrest, he submitted to a urine test which came back from the toxicology lab positive for marijuana and also another controlled substance. In addition, the officer found marijuana and drug paraphernalia in a search incident to arrest in the car.
Defense: Parks & Braxton pointed out to the State numerous conflicts in the police reports versus the video tape. After pretrial discussions, the prosecutor Dropped the DUI and the defendant also received no convictions on his record for the drug charges.
Result: The State Dropped the DUI.
Apr 26, 2017 Case: 15-017183MU10A Judge Levy-Cohen
Facts: The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Defense: Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
Result: The DUI was dismissed.
Apr 26, 2017 Case: 15-017183MU10A Judge Levy-Cohen
Facts: The defendant was stopped for driving at a high rate of speed after a BOLO had gone out describing the defendant's car. The BOLO had stated that the defendant had left the scene of an accident. Officers observed the defendant's car to have a right front tire missing and it had left several scrapes in the roadway. Officers then observed the defendant to have an odor of alcohol, flushed face, and bloodshot/watery eyes. He then was asked to perform the field sobriety tests. Due to his high level of intoxication, he could not perform the walk and turn or the one leg stand tests. He was then arrested for DUI. This was the defendant's Second DUI.
Defense: Parks & Braxton took pretrial depositions of all the officers involved in the case. After cross examination of each officer, they all contradicted each other and their respective police reports. The State was then presented with all the transcripts. After reviewing them, the State realized every officer's credibility had been called into question.
Result: The DUI was dismissed.
Apr 10, 2017 Case: 2016-CT-002204 Judge Caraballo
Facts: The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
Result: The State Dropped the DUI.
Apr 10, 2017 Case: 2016-CT-002204 Judge Caraballo
Facts: The defendant was the at fault driver in a rear end crash on the Turnpike. The defendant was estimated to have been driving 90 mph prior to the crash. The officer smelled an odor of alcohol on the defendant's breath and noticed bloodshot/glassy eyes. The officer then conducted the HGN (eye test). The defendant then refused all subsequent field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Prior to trial, we pointed out to the State that the defendant's eyes were bloodshot due to the air bag being deployed in his face, and not from the alcohol. Also, HGN was conducted two times, but only one was documented in the police reports. Furthermore, the defendant was not advised of any adverse consequences regarding his refusal to perform any further roadsides as required by law. The firm announced ready for trial.
Result: The State Dropped the DUI.
Apr 7, 2017 Case: 2016-CT-017882 Judge Eissey
Facts: The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Defense: Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
Result: The State Dropped the DUI.
Apr 7, 2017 Case: 2016-CT-017882 Judge Eissey
Facts: The defendant was involved in a crash whereby she struck a mailbox while driving at a high rate of speed. The police observed an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking and smoking marijuana prior to the crash. She was taken to the hospital due to injuries sustained from the crash. At the hospital, a blood draw was conducted and the toxicology results revealed the defendant had a blood alcohol level of .097 along with marijuana being detected. She was subsequently arrested and charged with DUI.
Defense: Under Florida law, a breath test must be impracticable or impossible in order to request a blood test. Here, there was no showing by the police that a breath test was impracticable or impossible. Thus, the defendant's blood draw was unlawful.
Result: The State Dropped the DUI.
Apr 6, 2017 Case: 2016-CT-019362 Judge Jeske
Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
Result: The State Dropped the DUI.
Apr 6, 2017 Case: 2016-CT-019362 Judge Jeske
Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, and fumbling fingers. The defendant admitted to drinking at a friend's house. The defendant then performed the field sobriety exercises which consisted of the HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton announced ready for trial. The defendant's roadsides were not video taped. After pretrial negotiations with the prosecutor regarding the lack of specificity in the officer's reports regarding the field sobriety tests, the State Dropped the DUI.
Result: The State Dropped the DUI.
Apr 3, 2017 Case: 2017-CT-015683 Judge Lefler
Facts: The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Defense: Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
Result: The State Dropped the DUI.
Apr 3, 2017 Case: 2017-CT-015683 Judge Lefler
Facts: The defendant was stopped for speeding, following too closely, and running a stop sign. The defendant had an odor of alcohol, bloodshot/watery eyes, and the defendant admitted to having consumed two drinks. The defendant performed the walk and turn, one leg stand, and HGN (eye test) tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI in the last seven years.
Defense: Parks & Braxton announced ready for trial. During pretrial negotiations about the facts of the case with the prosecutor, the State agreed to drop the DUI.
Result: The State Dropped the DUI.
Mar 31, 2017 Case: 2017-CT-000060 Judge Starr
Facts: The defendant was the at fault driver in a rear end crash. When the police arrived, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant, at one point, had bent over to tie his shoes and almost fell over. The defendant only performed the HGN (eye test) due to his level of intoxication. After his arrest, he blew a .141 and .145 in the breath machine.
Defense: Parks & Braxton announced ready for trial. Under Florida law, the State and police are required to turn over all discovery. Due to various discovery violations prior to trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 31, 2017 Case: 2017-CT-000060 Judge Starr
Facts: The defendant was the at fault driver in a rear end crash. When the police arrived, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant, at one point, had bent over to tie his shoes and almost fell over. The defendant only performed the HGN (eye test) due to his level of intoxication. After his arrest, he blew a .141 and .145 in the breath machine.
Defense: Parks & Braxton announced ready for trial. Under Florida law, the State and police are required to turn over all discovery. Due to various discovery violations prior to trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 29, 2017 Case: A59B3SE Judge Bedinghaus
Facts: The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant was swaying and off balance. The defendant stated she had drank a few beers. The defendant was then asked to perform the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she refused the breath test.
Defense: On video, we pointed out to the State that the defendant's speech was not slurred and she was not off balance as was written in the officer's report. Also, the officer administering the roadside tests was a new officer and kept confusing the defendant as she was giving the instructions. The defendant kept trying to clarify what she was being asked to do over and over. The defendant even stated at one point prior the walk and turn, "this is not a normal thing to do." After numerous pretrial talks with the prosecutor, the State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 29, 2017 Case: 7798-XEQ Judge Ortiz
Facts: A civilian went over to a police officer and told him that someone was sleeping behind the wheel of their car. That person was the defendant. The officer then went over, awoke the defendant, and told him to get out of the car. Once outside of the car, the officer noticed an odor of alcohol, slurred speech, and a flushed face. The defendant staggered upon exiting the car and was very off balance. Due to the defendant's high level of impairment, he was not asked to perform the walk and turn or one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
Defense: An officer must have reasonable suspicion of a crime and/or have a legitimate concern that a person is sick or injured before ordering them out of their car, which constitutes a seizure. In this case, the only evidence presented was that the defendant was simply sleeping in his car. Thus, when the officer ordered him out of the car, he was unlawfully seized.
Result: The State Dropped the DUI.
Mar 29, 2017 Case: A59B3SE Judge Bedinghaus
Facts: The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and the defendant was swaying and off balance. The defendant stated she had drank a few beers. The defendant was then asked to perform the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she refused the breath test.
Defense: On video, we pointed out to the State that the defendant's speech was not slurred and she was not off balance as was written in the officer's report. Also, the officer administering the roadside tests was a new officer and kept confusing the defendant as she was giving the instructions. The defendant kept trying to clarify what she was being asked to do over and over. The defendant even stated at one point prior the walk and turn, "this is not a normal thing to do." After numerous pretrial talks with the prosecutor, the State Dropped the DUI.
Result: The State Dropped the DUI.
Mar 29, 2017 Case: 7798-XEQ Judge Ortiz
Facts: A civilian went over to a police officer and told him that someone was sleeping behind the wheel of their car. That person was the defendant. The officer then went over, awoke the defendant, and told him to get out of the car. Once outside of the car, the officer noticed an odor of alcohol, slurred speech, and a flushed face. The defendant staggered upon exiting the car and was very off balance. Due to the defendant's high level of impairment, he was not asked to perform the walk and turn or one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
Defense: An officer must have reasonable suspicion of a crime and/or have a legitimate concern that a person is sick or injured before ordering them out of their car, which constitutes a seizure. In this case, the only evidence presented was that the defendant was simply sleeping in his car. Thus, when the officer ordered him out of the car, he was unlawfully seized.
Result: The State Dropped the DUI.
Mar 24, 2017 Case: 16-CF-001069 Judge Greider
Facts: The defendant was the at fault driver in a rear end crash, allegedly driving at least 30 mph in a 45 mph zone. EMS personnel were already on scene checking out the defendant prior to the police arriving. When the officer made contact with the defendant, he smelled a strong odor of alcohol, but the defendant denied drinking. She did admit to haven taken "Alprazolam." The defendant was shaking, had slurred speech and an open container of beer was found in the car. The defendant then performed the HGN (eye test), finger to nose, palm pat, and finger count exercises because she stated she could not perform any physical exercises due to her Multiple Sclerosis. She was then arrested for DUI and subsequently refused a breath and urine test. This was the defendant's Third DUI within ten years and she was charged with a Felony DUI.
Defense: Through cross extermination, Parks & Braxton were able to establish that the State's witnesses all contradicted each other. For example, one EMS person testified the defendant appeared impaired while the other stated he didn't notice any signs of impairment. Furthermore, although the officer stated that he smelled an odor of alcohol, an EMS person who was with the defendant stated she never smelled anything. Also, though cross examination, the defense established that any shaking, slurred speech, and balance issues on the part of the defendant were just as reasonably due to the defendant's MS diagnosis versus alcohol or any drugs. After cross examination, and all of the State's witnesses were impeached. The State Dismissed the Felony DUI.
Result: The DUI was Dismissed.
Mar 24, 2017 Case: 16-CF-001069 Judge Greider
Facts: The defendant was the at fault driver in a rear end crash, allegedly driving at least 30 mph in a 45 mph zone. EMS personnel were already on scene checking out the defendant prior to the police arriving. When the officer made contact with the defendant, he smelled a strong odor of alcohol, but the defendant denied drinking. She did admit to haven taken "Alprazolam." The defendant was shaking, had slurred speech and an open container of beer was found in the car. The defendant then performed the HGN (eye test), finger to nose, palm pat, and finger count exercises because she stated she could not perform any physical exercises due to her Multiple Sclerosis. She was then arrested for DUI and subsequently refused a breath and urine test. This was the defendant's Third DUI within ten years and she was charged with a Felony DUI.
Defense: Through cross extermination, Parks & Braxton were able to establish that the State's witnesses all contradicted each other. For example, one EMS person testified the defendant appeared impaired while the other stated he didn't notice any signs of impairment. Furthermore, although the officer stated that he smelled an odor of alcohol, an EMS person who was with the defendant stated she never smelled anything. Also, though cross examination, the defense established that any shaking, slurred speech, and balance issues on the part of the defendant were just as reasonably due to the defendant's MS diagnosis versus alcohol or any drugs. After cross examination, and all of the State's witnesses were impeached. The State Dismissed the Felony DUI.
Result: The DUI was Dismissed.
Mar 23, 2017 Case: 15-025118MU10A Judge Gottlieb
Facts: The defendant was stopped for driving the wrong way down a one way street. Once stopped, the officer noticed the defendant to have an odor of alcohol, very glassy eyes, and she fumbled retrieving her documents. The defendant stated that she had drank two glasses of white wine. The defendant appeared to be off balance upon exiting the car. She then performed the roadside tests which were not video taped. She was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton met with the State prior to trial. We pointed out that none of the roadside tests were specifically detailed. In fact, the reports were very vaguely written. Prior to trial, the State Dropped the DUI.
Result: The State Dropped the DUI.

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