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

Nov 1, 2016 Case: 2016-CT-009442 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one way street. Once stopped by the police, the officer observed the defendant to have an odor of alcohol, red eyes, droopy eyelids, and a sleepy appearance. The defendant stated she had drank a margarita and was swaying outside the car. She then agreed to perform HGN (eye test). After that test, she refused to perform any other field sobriety tasks and was arrested for DUI. The defendant subsequently refused the breath test.
Defense: On video, the defendant was not swaying and did not appear to be sleepy on video. She was responsive, coherent and answering all the officer's questions. Thus, the officer's reports were contradicted by the in car camera. The defense announced ready for trial and just prior to trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Nov 1, 2016 Case: 2016-CT-041815 Judge Garagozlo
Facts: The defendant was stopped for driving up on a curb. When stopped, the officer observed the defendant to have slurred/mumbled speech and he fumbled with his license. No odor of alcohol was observed. The officer, believing the defendant was impaired by something, asked him to perform field sobriety exercises. The defendant performed poorly. For example, on the one leg stand, he used his arms for balance and put his foot down. On the walk and turn, he did not count out loud, did not touch heel to toe, and had difficulty maintaining his balance. He was then arrested for DUI.
Defense: Under Florida law, a person has to be impaired by a alcohol, a specific chemical, and/or controlled substance to be convicted of DUI. Here, the State could not prove by what specific substance the defendant was impaired. After reviewing the discovery, the firm then pointed this out to the State and the DUI was dismissed.
Result: The DUI was Dismissed.
Nov 1, 2016 Case: 2016-CT-009442 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one way street. Once stopped by the police, the officer observed the defendant to have an odor of alcohol, red eyes, droopy eyelids, and a sleepy appearance. The defendant stated she had drank a margarita and was swaying outside the car. She then agreed to perform HGN (eye test). After that test, she refused to perform any other field sobriety tasks and was arrested for DUI. The defendant subsequently refused the breath test.
Defense: On video, the defendant was not swaying and did not appear to be sleepy on video. She was responsive, coherent and answering all the officer's questions. Thus, the officer's reports were contradicted by the in car camera. The defense announced ready for trial and just prior to trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Oct 31, 2016 Case: 2016-CT-006428 Judge Lefler
Facts: The defendant was stopped for driving at a high rate of speed and making an improper lane change. He allegedly came within seven feet of the officer's bumper who then initiated a traffic stop. Officers observed the defendant to have an odor of alcohol, he used his door for support, and swayed while standing. The defendant admitted to having drank 3 beers. He then performed the field sobriety tests on video. For example, on the one leg stand, the defendant put his foot down numerous times and could not keep his balance. On the finger to nose, he left his finger on his nose without removing it as instructed and also missed the tip of his nose on all attempts. The defendant was then arrested for DUI. After his arrest, he refused the breath test.
Defense: The defendant was never paced clocked and no radar device was used to show that the defendant was driving over the speed limit. Also, the defendant never interfered with the safe operation of the officer's patrol car as required by Florida Statutes. Thus, the defendant did not violate any traffic laws and the issue of the defendant having being unlawfully stopped was brought to the State's attention. The State Dropped the DUI.
Result: The State Dropped the DUI.
Oct 31, 2016 Case: 15-029720MU10A Judge Gottlieb
Facts: The defendant was found by the officer passed out in his car in a travel lane. Upon awakening the defendant, the officer observed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had to drink, he replied "too much." The defendant made threatening comments and movements towards the officer so no roadside tests were conducted. He was then arrested for DUI.
Defense: The firm conducted a pretrial investigation into this arresting officer's background. It was discovered that he had a history of incidents of misconduct, including incidents involving untruthfulness. This was brought to the State's attention and the DUI was Dismissed.
Result: The DUI was Dismissed.
Oct 31, 2016 Case: 15-029720MU10A Judge Gottlieb
Facts: The defendant was found by the officer passed out in his car in a travel lane. Upon awakening the defendant, the officer observed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had to drink, he replied "too much." The defendant made threatening comments and movements towards the officer so no roadside tests were conducted. He was then arrested for DUI.
Defense: The firm conducted a pretrial investigation into this arresting officer's background. It was discovered that he had a history of incidents of misconduct, including incidents involving untruthfulness. This was brought to the State's attention and the DUI was Dismissed.
Result: The DUI was Dismissed.
Oct 31, 2016 Case: 2016-CT-006428 Judge Lefler
Facts: The defendant was stopped for driving at a high rate of speed and making an improper lane change. He allegedly came within seven feet of the officer's bumper who then initiated a traffic stop. Officers observed the defendant to have an odor of alcohol, he used his door for support, and swayed while standing. The defendant admitted to having drank 3 beers. He then performed the field sobriety tests on video. For example, on the one leg stand, the defendant put his foot down numerous times and could not keep his balance. On the finger to nose, he left his finger on his nose without removing it as instructed and also missed the tip of his nose on all attempts. The defendant was then arrested for DUI. After his arrest, he refused the breath test.
Defense: The defendant was never paced clocked and no radar device was used to show that the defendant was driving over the speed limit. Also, the defendant never interfered with the safe operation of the officer's patrol car as required by Florida Statutes. Thus, the defendant did not violate any traffic laws and the issue of the defendant having being unlawfully stopped was brought to the State's attention. The State Dropped the DUI.
Result: The State Dropped the DUI.
Oct 27, 2016 Case: 2016-CT-005429 Judge Bell
Facts: The defendant was stopped after an officer saw him hit a shopping cart being pushed by a pedestrian. He then caught up to the defendant and observed an odor of alcohol and he had a difficult time walking. A DUI unit was called. That officer observed an odor of alcohol, droopy eyelids, and slurred speech. The defendant stated he had maybe 2, 4, or 6 drinks. He then performed the roadside tasks. On the one leg stand, the defendant almost fell over and the exercise was stopped. On the walk and turn, he used his arms for balance, stepped off the line, and did not understand many, if not all, of the instructions. The defendant was arrested for DUI. This was the defendant's Second DUI and Second refusal to submit to a breath test.
Defense: The arresting officer's report, which stated that the initial officer saw the defendant driving, was not true. That initial officer had stated that he heard the sound of a crash and then saw the defendant walking down the road. Thus, the two officers contradicted each other and no witness observed the defendant either driving or in actual physical control. The State Dropped the DUI and Dismissed the refusal charge.
Result: The State Dropped the DUI.
Oct 27, 2016 Case: 2016-CT-005429 Judge Bell
Facts: The defendant was stopped after an officer saw him hit a shopping cart being pushed by a pedestrian. He then caught up to the defendant and observed an odor of alcohol and he had a difficult time walking. A DUI unit was called. That officer observed an odor of alcohol, droopy eyelids, and slurred speech. The defendant stated he had maybe 2, 4, or 6 drinks. He then performed the roadside tasks. On the one leg stand, the defendant almost fell over and the exercise was stopped. On the walk and turn, he used his arms for balance, stepped off the line, and did not understand many, if not all, of the instructions. The defendant was arrested for DUI. This was the defendant's Second DUI and Second refusal to submit to a breath test.
Defense: The arresting officer's report, which stated that the initial officer saw the defendant driving, was not true. That initial officer had stated that he heard the sound of a crash and then saw the defendant walking down the road. Thus, the two officers contradicted each other and no witness observed the defendant either driving or in actual physical control. The State Dropped the DUI and Dismissed the refusal charge.
Result: The State Dropped the DUI.
Oct 25, 2016 Case: 2016-CT-006266 Judge Wilson
Facts: The defendant ran a red light and collided with another car. When the police arrived, the officer observed the defendant to have slurred speech, an odor of alcohol, and droopy/red eyes. He was also staggering and stumbling around. The defendant then performed the roadside tests on video tape. For example, on the walk and turn test, the defendant used his arms for balance, counted incorrectly, and stepped off the line. On the one leg stand, he put his foot down and used his arms for balance. He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: On video, the officer is seen and heard reading the defendant his Miranda rights. The defendant requested a lawyer, however, the officer then proceeds to tell the defendant that he is "still required" to perform the roadside tests under the law. That statement was misinformation and a misstatement of the law as roadside tasks voluntary. On the day of trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Oct 25, 2016 Case: 2016-CT-006266 Judge Wilson
Facts: The defendant ran a red light and collided with another car. When the police arrived, the officer observed the defendant to have slurred speech, an odor of alcohol, and droopy/red eyes. He was also staggering and stumbling around. The defendant then performed the roadside tests on video tape. For example, on the walk and turn test, the defendant used his arms for balance, counted incorrectly, and stepped off the line. On the one leg stand, he put his foot down and used his arms for balance. He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: On video, the officer is seen and heard reading the defendant his Miranda rights. The defendant requested a lawyer, however, the officer then proceeds to tell the defendant that he is "still required" to perform the roadside tests under the law. That statement was misinformation and a misstatement of the law as roadside tasks voluntary. On the day of trial, the State Dropped the DUI.
Result: The State Dropped the DUI.
Oct 24, 2016 Case: 8622-XEQ Judge Wolfson
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant was asked to perform roadside tasks and he refused. He was then arrested for DUI and subsequently refused the breath test.
Defense: Due to discovery violations committed by the State, Parks & Braxton announced ready for jury trial. On the day of trial, there was a speedy trial violation due to those discovery issues and the DUI was Dismissed.
Result: The DUI was Dismissed.
Oct 24, 2016 Case: 8622-XEQ Judge Wolfson
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant was asked to perform roadside tasks and he refused. He was then arrested for DUI and subsequently refused the breath test.
Defense: Due to discovery violations committed by the State, Parks & Braxton announced ready for jury trial. On the day of trial, there was a speedy trial violation due to those discovery issues and the DUI was Dismissed.
Result: The DUI was Dismissed.
Oct 13, 2016 Case: 2016-CT-002508CTAXMS Judge Hitzeman
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, slurred/incoherent speech, and he was lethargic. The defendant leaned against the vehicle for balance and also had bloodshot eyes. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and he hopped. On the walk and turn, he did not touch heel to toe, stepped off the line, and took an incorrect number of steps. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton discovered several inconsistencies in the officer's police reports and brought them to the attention of the prosecutor. After discussing the case with the State, they Dropped the DUI and the defendant received no crimina
Result: The State Dropped the DUI.
Oct 13, 2016 Case: 2016-CT-009566 Judge Weis
Facts: The defendant was found asleep in his car in someone's driveway. 911 callers alerted police to the vehicle after they observed the defendant driving all over the road. When the officer arrived, he found the defendant passed out in the driver's seat. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was not making any sense while talking and was incoherent. He was very off balance and had trouble standing. The defendant was only able to perform the finger to nose test. The defendant was then arrested for DUI.
Defense: Parks & Braxton argued that despite being found in the driver's seat, the defendant did not have the capability to operate the motor vehicle at the time the officer arrived. As a result, the defendant was not in actual physical control of the motor vehicle in the presence of the officer.
Result: The State Dropped the DUI.
Oct 13, 2016 Case: 2016-CT-009566 Judge Weis
Facts: The defendant was found asleep in his car in someone's driveway. 911 callers alerted police to the vehicle after they observed the defendant driving all over the road. When the officer arrived, he found the defendant passed out in the driver's seat. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was not making any sense while talking and was incoherent. He was very off balance and had trouble standing. The defendant was only able to perform the finger to nose test. The defendant was then arrested for DUI.
Defense: Parks & Braxton argued that despite being found in the driver's seat, the defendant did not have the capability to operate the motor vehicle at the time the officer arrived. As a result, the defendant was not in actual physical control of the motor vehicle in the presence of the officer.
Result: The State Dropped the DUI.
Oct 13, 2016 Case: 2016-CT-002508CTAXMS Judge Hitzeman
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, slurred/incoherent speech, and he was lethargic. The defendant leaned against the vehicle for balance and also had bloodshot eyes. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and he hopped. On the walk and turn, he did not touch heel to toe, stepped off the line, and took an incorrect number of steps. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton discovered several inconsistencies in the officer's police reports and brought them to the attention of the prosecutor. After discussing the case with the State, they Dropped the DUI and the defendant received no crimina
Result: The State Dropped the DUI.
Oct 11, 2016 Case: 2016-CT-021995AXXX-XX Judge Clarke
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have an odor alcohol, slurred/confused speech, and a red face. The defendant told the officer she had a few beers with dinner. The defendant used the steering wheel for support upon exiting the car and struggled to remove her seat-belt. Upon being asked to perform the roadside tests, the defendant only performed the HGN (eye test) and refused to perform any others. She was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton pointed out to the State, that on video, the defendant's speech did not appear slurred which contradicted the officer's report. Also, the defendant was not told of the consequences for her refusal to perform the rest of the field sobriety tests which was in violation of Florida case law. Thus, her refusal would have been excluded as evidence.
Result: The State Dropped the DUI.
Oct 11, 2016 Case: 2016-CT-007634 Judge Jeske
Facts: The defendant was stopped for drifting back and forth over the lane markers on at least five different occasions. Once stopped, the officer observed an odor of alcohol, thick tongued speech, and glassy eyes. The defendant stated he had drank 2 to 3 Blue Moon draft beers. The defendant then performed the roadside tasks on video tape. After performing the walk and turn, finger to nose, and one leg stand tests, he was arrested for DUI.
Defense: On video, the defendant told the officer prior to performing the walk and turn and one leg stand tasks, he had very bad knees and may have trouble doing them. The officer still proceeded the have the defendant do them. It was unclear on tape whether any alleged impairment cues observed by the officer were due to alcohol or his bad balance from having two bad knees. Those physical exercises were contradicted by his performance on the non-physical finger to nose exercise.
Result: The State Dropped the DUI.
Oct 11, 2016 Case: 2016-CT-017045 Judge Koenig
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had bloodshot/watery eyes and his movements were "slow and deliberate." When asked to exit the vehicle, the defendant used the car to maintain his balance and he swayed while standing outside the car. The defendant was then asked to perform roadside tasks and to provide a breath test. He refused both and was arrested for DUI.
Defense: Under the law, a defendant who refuses the field sobriety tests must be advised of the "adverse consequences" for refusing. Here, the defendant was never told of any consequences for refusing. Also, under Florida law, a defendant can only be asked to take a breath test "after" being lawfully arrested. In this case, the defendant was asked to provide a sample of his breath "prior" to being arrested for DUI in violation of the law.
Result: The State Dropped the DUI.

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