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 14, 2016 Case: 2016-MM-000728 Judge Steele
Facts: The defendant was involved in a two car crash whereby he rear ended someone. The defendant then drove down the road and stopped. When officers arrived, they came in contact with the defendant and immediately arrested him for leaving the scene of an accident. After that contact, the officers observed the defendant to have an odor of marijuana coming from his person, dilated/watery eyes, and he was speaking slowly. They then added a charge of DUI. In a search incident to arrest, the police found some marijuana in the defendant's car. The police then added another charge of possession of marijuana. Later at the police station, the defendant refused to provide a urine test.
Defense: Parks & Braxton had discussions with the prosecutor. We pointed out to them that the defendant was the one who actually called 911 about the crash. Thus, he was not trying to leave the scene at all and simply pulled his car a little further down the road to get to a safer place. Also, the officers never even inquired of the defendant as to why he had driven down the road. Furthermore, as for the DUI, the officers never attempted to conduct any type of DUI investigation such as asking the defendant to perform field sobriety tests. The State Dismissed the DUI and leaving the scene of an accident charges. The defendant also received no criminal conviction at all for the possession of marijuana charge.
Result: The DUI was dismissed,
Jun 13, 2016 Case: 2016-CT-002254-O Judge Cameron
Facts: The defendant was the at fault driver in a crash whereby he hit a parked car while leaving a parking lot. The defendant did not stop and continued driving. The incident was observed by a witness who notified police. When the police finally stopped the defendant, they observed him to have an odor of alcohol, a red face, and blood shot eyes. The defendant stated he had drank beer that day. The defendant then performed the field sobriety tests. He performed the HGN (eye test), walk and turn, and one leg stand tests. He performed poorly and was arrested for DUI and leaving the scene of an accident. After his arrest, he blew a .166 and .163 in the breath machine.
Defense: Parks & Braxton had pretrial discussions with the State prior to trial. The State then Dropped the DUI and the defendant received no conviction for the leaving the scene of an accident charge.
Result: The State dropped the DUI.
Jun 13, 2016 Case: 2016-CT-002254-O Judge Cameron
Facts: The defendant was the at fault driver in a crash whereby he hit a parked car while leaving a parking lot. The defendant did not stop and continued driving. The incident was observed by a witness who notified police. When the police finally stopped the defendant, they observed him to have an odor of alcohol, a red face, and blood shot eyes. The defendant stated he had drank beer that day. The defendant then performed the field sobriety tests. He performed the HGN (eye test), walk and turn, and one leg stand tests. He performed poorly and was arrested for DUI and leaving the scene of an accident. After his arrest, he blew a .166 and .163 in the breath machine.
Defense: Parks & Braxton had pretrial discussions with the State prior to trial. The State then Dropped the DUI and the defendant received no conviction for the leaving the scene of an accident charge.
Result: The State dropped the DUI.
Jun 10, 2016 Case: 2016-CT-000007AXXX Judge Bonavita
Facts: The defendant was involved in a crash in which his car went off the road into a canal. His dog had jumped onto his lap causing him to swerve. He and the dog got out of the car and swam to safety. When the police arrived, the defendant was soaking wet and fire rescue took him to the hospital to get checked. While at the hospital, the police came to talk to the defendant. They observed him to have an odor of alcohol and slurred speech. The officer asked the defendant to perform the roadside tasks outside the hospital. The defendant initially refused and then agreed to do them. He exhibited several clues of impairment on video and was arrested for DUI. After his arrest, he blew a .178 and .173 in the breath machine.
Defense: Parks & Braxton pointed out to the State, that on video tape, the officer misstated the law as it related to performing field sobriety tests. Thus, the State agreed that based on the case law, all the roadside tests would have been excluded from evidence.
Result: The State dropped the DUI.
Jun 10, 2016 Case: 2016-CT-000007AXXX Judge Bonavita
Facts: The defendant was involved in a crash in which his car went off the road into a canal. His dog had jumped onto his lap causing him to swerve. He and the dog got out of the car and swam to safety. When the police arrived, the defendant was soaking wet and fire rescue took him to the hospital to get checked. While at the hospital, the police came to talk to the defendant. They observed him to have an odor of alcohol and slurred speech. The officer asked the defendant to perform the roadside tasks outside the hospital. The defendant initially refused and then agreed to do them. He exhibited several clues of impairment on video and was arrested for DUI. After his arrest, he blew a .178 and .173 in the breath machine.
Defense: Parks & Braxton pointed out to the State, that on video tape, the officer misstated the law as it related to performing field sobriety tests. Thus, the State agreed that based on the case law, all the roadside tests would have been excluded from evidence.
Result: The State dropped the DUI.
Jun 9, 2016 Case: A0Z16AP Judge Krieger-Martin
Facts: An anonymous person called 911 stating that the defendant was passed out behind the wheel and in "distress." When officers arrived, the defendant was awake and talking on a cell phone. Officers observed an odor of alcohol, slurred speech, and watery eyes. When asked if she had been drinking, the defendant stated "not a lot." After performing poorly on the the field sobriety tests, the defendant was arrested for DUI. While at the station, post Miranda, the defendant admitted to being impaired and that she should not have been driving. She then blew a .173 and .171 in the breath machine.
Defense: Parks & Braxton pointed out to the State that under the law, when there is an anonymous tip, the officers must corroborate that tip. Here, the caller stated the defendant was passed out and in distress. However, when the police arrived, the defendant was awake and alert. Thus, there was no corroboration and the initial contact was unlawful.
Result: The State dropped the DUI.
Jun 9, 2016 Case: A0Z16AP Judge Krieger-Martin
Facts: An anonymous person called 911 stating that the defendant was passed out behind the wheel and in "distress." When officers arrived, the defendant was awake and talking on a cell phone. Officers observed an odor of alcohol, slurred speech, and watery eyes. When asked if she had been drinking, the defendant stated "not a lot." After performing poorly on the the field sobriety tests, the defendant was arrested for DUI. While at the station, post Miranda, the defendant admitted to being impaired and that she should not have been driving. She then blew a .173 and .171 in the breath machine.
Defense: Parks & Braxton pointed out to the State that under the law, when there is an anonymous tip, the officers must corroborate that tip. Here, the caller stated the defendant was passed out and in distress. However, when the police arrived, the defendant was awake and alert. Thus, there was no corroboration and the initial contact was unlawful.
Result: The State dropped the DUI.
Jun 7, 2016 Case: 2016-CT-000326 Judge Mcginnis
Facts: Officers responded to a car that was smoking and had blown out tires. Upon arrival at the scene, the officers noticed burnout tire marks all over the road leading up to where the defendant was found in his truck. Per the officer's report, the vehicle was disabled. The officers could also smell burnt rubber. Upon contact with the defendant, as he was seated in the driver's side of his vehicle, the officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was unable to form a complete sentence and stumbled over his words. A bottle of liquor was found next to the defendant. The defendant was then asked to perform the roadside tests. He refused to perform them and was arrested for DUI. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State, that when the officers arrived, the vehicle was actually "inoperable." There was no proof the defendant had ever driven the car to that location "while impaired" prior the car becoming inoperable, as required by Florida law.
Result: The State dropped the DUI.
Jun 7, 2016 Case: 2016-CT-000326 Judge Mcginnis
Facts: Officers responded to a car that was smoking and had blown out tires. Upon arrival at the scene, the officers noticed burnout tire marks all over the road leading up to where the defendant was found in his truck. Per the officer's report, the vehicle was disabled. The officers could also smell burnt rubber. Upon contact with the defendant, as he was seated in the driver's side of his vehicle, the officers noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was unable to form a complete sentence and stumbled over his words. A bottle of liquor was found next to the defendant. The defendant was then asked to perform the roadside tests. He refused to perform them and was arrested for DUI. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State, that when the officers arrived, the vehicle was actually "inoperable." There was no proof the defendant had ever driven the car to that location "while impaired" prior the car becoming inoperable, as required by Florida law.
Result: The State dropped the DUI.
Jun 3, 2016 Case: 2014-CT-008000AXXX Judge Hanser
Facts: defendant was found passed out in the driver's seat of his car at a red light with the car running. Upon the officer awakening the defendant, he observed the defendant to have an odor of alcohol and blood shot eyes. The defendant stated he had consumed a couple of beers. The defendant was asked to perform field sobriety tests and he refused. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted that this was the defendant's Second DUI arrest. The firm also represented the defendant on his first DUI a few years back. The firm got that DUI Dropped as well.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged the defendant was never advised of any "adverse consequences" by the officer for refusing to perform the roadside tasks. The Judge granted the motion and excluded the refusal from evidence. Thereafter, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 3, 2016 Case: 2014-CT-008000AXXX Judge Hanser
Facts: defendant was found passed out in the driver's seat of his car at a red light with the car running. Upon the officer awakening the defendant, he observed the defendant to have an odor of alcohol and blood shot eyes. The defendant stated he had consumed a couple of beers. The defendant was asked to perform field sobriety tests and he refused. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted that this was the defendant's Second DUI arrest. The firm also represented the defendant on his first DUI a few years back. The firm got that DUI Dropped as well.
Defense: Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged the defendant was never advised of any "adverse consequences" by the officer for refusing to perform the roadside tasks. The Judge granted the motion and excluded the refusal from evidence. Thereafter, the State Dropped the DUI.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-MM-007921 Judge Woodard
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and thick tongued speech. The defendant admitted to drinking a strawberry daiquiri and some cognac. The defendant then performed the roadside tasks. On the walk and turn, she missed heel to toe and stepped off the line. On the one leg stand, she hopped and put her foot down. She was then arrested for DUI. After her arrest, she blew a .121 and .120 in the breath machine.
Defense: Parks & Braxton was involved with pretrial litigation to exclude the breath test results. The Judge granted the motion to suppress and excluded the defendant's breath test results from evidence.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-CT-003529 Judge Obrien
Facts: The defendant was stopped by police for blocking traffic. Upon contact with the defendant, the officer observed her to have slurred speech, bloodshot eyes, and a wet stain on the pants. Once out of her car, the defendant appeared uneasy, unsteady, and very carefree. Believing the defendant was impaired by a chemical and/or controlled substance, the defendant was asked to perform roadside tasks. The defendant stated she takes various controlled substances for medical issues. According to the officer, she exhibited numerous clues of impairment and was arrested for DUI. After her arrest, she was asked to provide a urine sample. She complied, and once the results from the toxicology lab came back, it showed three different controlled substances in her system.
Defense: Parks & Braxton had pretrial talks with the State. We discussed with them that the defendant did not state when she when she had last taken the drugs. Thus, without any time frames, there was no way for the State to prove she was under the influence of the drugs at the "time of driving" as required by law as they could have been in her system for a few days.
Result: The State dropped the DUI.
May 31, 2016 Case: 2015-MM-007921 Judge Woodard
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and thick tongued speech. The defendant admitted to drinking a strawberry daiquiri and some cognac. The defendant then performed the roadside tasks. On the walk and turn, she missed heel to toe and stepped off the line. On the one leg stand, she hopped and put her foot down. She was then arrested for DUI. After her arrest, she blew a .121 and .120 in the breath machine.
Defense: Parks & Braxton was involved with pretrial litigation to exclude the breath test results. The Judge granted the motion to suppress and excluded the defendant's breath test results from evidence.
Result: The State dropped the DUI.
May 27, 2016 Case: 16-CT-500800 Judge George
Facts: The defendant was stopped for driving south in the northbound lane of travel. He was heading straight on toward a police car. Once stopped, the officer observed the defendant to have an odor of alcohol, slightly slurred speech, and bloodshot eyes. He admitted to having a few glasses of wine. The defendant then performed the roadside tasks. At one point, the defendant allegedly stated "he couldn't do them sober." According to the officer, he failed them and was arrested for DUI. After his arrest, the defendant blew a .083 and .080 in the breath machine.
Defense: Parks & Braxton pointed out to the State that the alleged statement by the defendant about "not being able to do the field sobriety tests sober" was not captured on any video tape. Also, with the built in margins of error on the breath machine, both his test results could have been under the legal limit of .08.
Result: The State dropped the DUI.

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