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 29, 2016 Case: 15-CT-505083 Judge Adams
Facts: The defendant was stopped at a roadblock check point. Upon making contact with the police, the officer observed the defendant to have an odor of alcohol, watery eyes, slow responses to the officer's questions, and he had to use the door to steady himself upon exiting. The defendant then performed the field sobriety tests. For example, on the walk and turn exercise, the defendant stepped off the line, did not touch heel to toe, and took an incorrect number of steps. The officer also observed nystagmus in the defendant's eyes while conducting the HGN (eyes test). The defendant was then arrested for DUI.
Defense: Parks & Braxton requested the written set of road block guidelines for this particular check point from the State. Under Florida law, every individual roadblock must have a written set of guidelines. Pursuant to the Florida Supreme Court, there must be specific criteria (factors) met by the police in each written set of guidelines or the entire roadblock becomes unlawful. In this particular case, the road block guidelines were defective in many areas pursuant to Florida case law. Prior to filing any motion to suppress the evidence based on the above, the State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Apr 29, 2016 Case: 2015-CT-022803AXXX Judge Cohen
Facts: The defendant was stopped for running a stop sign. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking vodka and she also swayed while she stood. According the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pretrial talks with the State. We showed them that on the video tape, the defendants speech was not slurred and she was not off balance. Parks & Braxton announced ready for trial. Prior to the setting any trial date, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 29, 2016 Case: 15-CT-505083 Judge Adams
Facts: The defendant was stopped at a roadblock check point. Upon making contact with the police, the officer observed the defendant to have an odor of alcohol, watery eyes, slow responses to the officer's questions, and he had to use the door to steady himself upon exiting. The defendant then performed the field sobriety tests. For example, on the walk and turn exercise, the defendant stepped off the line, did not touch heel to toe, and took an incorrect number of steps. The officer also observed nystagmus in the defendant's eyes while conducting the HGN (eyes test). The defendant was then arrested for DUI.
Defense: Parks & Braxton requested the written set of road block guidelines for this particular check point from the State. Under Florida law, every individual roadblock must have a written set of guidelines. Pursuant to the Florida Supreme Court, there must be specific criteria (factors) met by the police in each written set of guidelines or the entire roadblock becomes unlawful. In this particular case, the road block guidelines were defective in many areas pursuant to Florida case law. Prior to filing any motion to suppress the evidence based on the above, the State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Apr 28, 2016 Case: 7342-XEM Judge Wolfson
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. After she did them, the defendant was arrested for DUI. After her arrest, she blew a .096 and .089 in the breath machine.
Defense: Parks & Braxton pointed out to the State that with the margin of error of .02 in the breath machine, the defendant could have been under the legal limit. Also, the officer did not obtain and angle of onset on the HGN test before 45 degrees which indicated that the defendant may have also been under the legal limit at the time of driving pursuant to Tharpes formula. Also, the officer did not write one specific detail regarding the defendant's performance on the roadsides in his reports. The defendant received no criminal conviction at all on her record.
Result: The State dropped the DUI.
Apr 28, 2016 Case: 7342-XEM Judge Wolfson
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. After she did them, the defendant was arrested for DUI. After her arrest, she blew a .096 and .089 in the breath machine.
Defense: Parks & Braxton pointed out to the State that with the margin of error of .02 in the breath machine, the defendant could have been under the legal limit. Also, the officer did not obtain and angle of onset on the HGN test before 45 degrees which indicated that the defendant may have also been under the legal limit at the time of driving pursuant to Tharpes formula. Also, the officer did not write one specific detail regarding the defendant's performance on the roadsides in his reports. The defendant received no criminal conviction at all on her record.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 2015-CT-023072 Judge Myers
Facts: The defendant was found passed out in the driver's seat of his car in a parking lot by police. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted to drinking beers. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the defendant was not in "actual physical control" as he had no "capability" to operate the motor vehicle while he was passed out.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 15-032125MU10A Judge Robinson
Facts: The defendant almost caused a head on collision by driving on the wrong side of the road. As the other car veered away, the defendant's car hit the rear bumper panel of the other driver's car. When officers arrived, the defendant had an odor of alcohol, mumbled speech, and red eyes. The defendant's speech was not understandable. He was very unsteady, and could not focus on simple questions. He performed very poorly on the roadside tasks and showed several indicators of impairment. He was then arrested for DUI. After his arrest, he blew a .209 and .207 in the breath machine (almost three times the legal limit).
Defense: Parks & Braxton took sworn pretrial depositions of the officers involved in the case. Based on the answers given in their depositions, the firm developed a motion to suppress the lawfulness of the arrest based on improper police procedure. The firm then met with State and they agreed with the issue based on case law provided to them.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 15-CT-504769, 70 Judge Swett
Facts: The defendant crashed her car into a area full of trees. When the police arrived, the defendant was unresponsive and passed out. EMS was also on scene to see if the defendant required medical attention. Upon awakening the defendant who was very unresponsive, the officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant was unsteady on her feet once outside the vehicle. The defendant refused to perform the roadside tasks even after being made aware of the adverse consequences. She was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton had made several requests, along with the prosecutor, to obtain a video tape of the DUI investigation. Since the police were ignoring all requests, there was a potential discovery violation. Prior to any evidentiary hearings on the issue, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 15-032125MU10A Judge Robinson
Facts: The defendant almost caused a head on collision by driving on the wrong side of the road. As the other car veered away, the defendant's car hit the rear bumper panel of the other driver's car. When officers arrived, the defendant had an odor of alcohol, mumbled speech, and red eyes. The defendant's speech was not understandable. He was very unsteady, and could not focus on simple questions. He performed very poorly on the roadside tasks and showed several indicators of impairment. He was then arrested for DUI. After his arrest, he blew a .209 and .207 in the breath machine (almost three times the legal limit).
Defense: Parks & Braxton took sworn pretrial depositions of the officers involved in the case. Based on the answers given in their depositions, the firm developed a motion to suppress the lawfulness of the arrest based on improper police procedure. The firm then met with State and they agreed with the issue based on case law provided to them.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 15-CT-504769, 70 Judge Swett
Facts: The defendant crashed her car into a area full of trees. When the police arrived, the defendant was unresponsive and passed out. EMS was also on scene to see if the defendant required medical attention. Upon awakening the defendant who was very unresponsive, the officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant was unsteady on her feet once outside the vehicle. The defendant refused to perform the roadside tasks even after being made aware of the adverse consequences. She was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton had made several requests, along with the prosecutor, to obtain a video tape of the DUI investigation. Since the police were ignoring all requests, there was a potential discovery violation. Prior to any evidentiary hearings on the issue, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 27, 2016 Case: 2015-CT-023072 Judge Myers
Facts: The defendant was found passed out in the driver's seat of his car in a parking lot by police. Upon awakening the defendant, officers observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted to drinking beers. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the defendant was not in "actual physical control" as he had no "capability" to operate the motor vehicle while he was passed out.
Result: The State dropped the DUI.
Apr 25, 2016 Case: 2015-CT-011030 Judge Bell
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and red blood shot eyes. The defendant admitted to consuming two glasses of wine. Prior to roadside tests being administered, the defendant almost fell and stumbled onto the grass. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .113 and .115 in the breath machine.
Defense: Parks & Braxton had pretrial discussions with the State. We pointed out that the defendant was from another country, had a foreign driver's license, and her English was not good. No interpreter was ever called to the scene or the station. Thus, the defendant did not understand any instructions on the roadside tests, nor did she understand "implied consent" being read to her prior taking the breath test on tape. The State dropped the DUI and the defendant received no criminal conviction.
Result: The State dropped the DUI.
Apr 25, 2016 Case: 2015-CT-011030 Judge Bell
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and red blood shot eyes. The defendant admitted to consuming two glasses of wine. Prior to roadside tests being administered, the defendant almost fell and stumbled onto the grass. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .113 and .115 in the breath machine.
Defense: Parks & Braxton had pretrial discussions with the State. We pointed out that the defendant was from another country, had a foreign driver's license, and her English was not good. No interpreter was ever called to the scene or the station. Thus, the defendant did not understand any instructions on the roadside tests, nor did she understand "implied consent" being read to her prior taking the breath test on tape. The State dropped the DUI and the defendant received no criminal conviction.
Result: The State dropped the DUI.
Apr 15, 2016 Case: 15-004032MU10A Judge Brown
Facts: The defendant was stopped for having an obscured tag and revving his engine. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and was off balance on his feet. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion, we alleged that the officer did not have probable cause to arrest the defendant. The videotape of the DUI investigation at the scene contradicted what was written in the police reports regarding the defendant's level of impairment. Prior to the motion being heard, the State watched the videotape and Dropped the DUI.
Result: The State dropped the DUI.
Apr 15, 2016 Case: 2013-MM-013483 Judge Hanser
Facts: An anonymous person called the police stating they noticed the defendant to be passed out in his car in their neighborhood. When police arrived, they found the defendant's car parked against the curb, the defendant was slumped over, and drooling from the mouth. The vehicle was in park with the keys in the ignition. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, and a red/flushed face. On video, the defendant could hardly stand and his speech was not even understandable. The defendant attempted the roadside exercises but did not complete them. He was then arrested for DUI. The police also found marijuana in the car in a search incident to arrest. After his arrest, he blew a .201 and .198 in the breath machine. This was the defendant's Third DUI.
Defense: Parks & Braxton were involved in pretrial litigation to try to exclude the breath test results based on improper maintenance procedures conducted by FDLE on this particular machine. Prior to the motion being heard, the State agreed with the issue and Dropped the DUI. The defendant also received no criminal conviction for he marijuana charge.
Result: The State dropped the DUI.
Apr 15, 2016 Case: 15-004032MU10A Judge Brown
Facts: The defendant was stopped for having an obscured tag and revving his engine. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and was off balance on his feet. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion, we alleged that the officer did not have probable cause to arrest the defendant. The videotape of the DUI investigation at the scene contradicted what was written in the police reports regarding the defendant's level of impairment. Prior to the motion being heard, the State watched the videotape and Dropped the DUI.
Result: The State dropped the DUI.
Apr 15, 2016 Case: 2013-MM-013483 Judge Hanser
Facts: An anonymous person called the police stating they noticed the defendant to be passed out in his car in their neighborhood. When police arrived, they found the defendant's car parked against the curb, the defendant was slumped over, and drooling from the mouth. The vehicle was in park with the keys in the ignition. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, and a red/flushed face. On video, the defendant could hardly stand and his speech was not even understandable. The defendant attempted the roadside exercises but did not complete them. He was then arrested for DUI. The police also found marijuana in the car in a search incident to arrest. After his arrest, he blew a .201 and .198 in the breath machine. This was the defendant's Third DUI.
Defense: Parks & Braxton were involved in pretrial litigation to try to exclude the breath test results based on improper maintenance procedures conducted by FDLE on this particular machine. Prior to the motion being heard, the State agreed with the issue and Dropped the DUI. The defendant also received no criminal conviction for he marijuana charge.
Result: The State dropped the DUI.
Apr 13, 2016 Case: 2015-CT-023325 Judge Gabbard
Facts: The defendant was the at fault driver in a two car crash. When the officer arrived on scene, he noticed the defendant to have an odor of alcohol and glassy eyes. The defendant appeared off balance and unsteady while talking to the officer. The defendant performed poorly on the roadside tests which included the HGN (eye test), walk and turn, and one leg stand. He exhibited several signs of impairment. There was no video tape of the DUI investigation. He was then arrested for DUI. After his arrest, he blew a .091 and .091 in the breath machine. This was the defendant's Third DUI.
Defense: Parks & Braxton had discussions with the State prior to trial. We pointed out that the air bags had deployed and hit the defendant in the face. Thus, any impairment could have been as easily attributed to the injuries from the airbag versus alcohol. Also, there is margin of error on the breath machine in which we were able to place the defendant under the legal limit.
Result: The State dropped the DUI.
Apr 13, 2016 Case: 2015-CT-023325 Judge Gabbard
Facts: The defendant was the at fault driver in a two car crash. When the officer arrived on scene, he noticed the defendant to have an odor of alcohol and glassy eyes. The defendant appeared off balance and unsteady while talking to the officer. The defendant performed poorly on the roadside tests which included the HGN (eye test), walk and turn, and one leg stand. He exhibited several signs of impairment. There was no video tape of the DUI investigation. He was then arrested for DUI. After his arrest, he blew a .091 and .091 in the breath machine. This was the defendant's Third DUI.
Defense: Parks & Braxton had discussions with the State prior to trial. We pointed out that the air bags had deployed and hit the defendant in the face. Thus, any impairment could have been as easily attributed to the injuries from the airbag versus alcohol. Also, there is margin of error on the breath machine in which we were able to place the defendant under the legal limit.
Result: The State dropped the DUI.
Apr 12, 2016 Case: 2015-CT-024375 Judge Jeske
Facts: The defendant was stopped for driving with no head lights. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy/watery eyes. The defendant performed the roadside tests on video tape. According to the officer, she failed and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pretrial discussions with the State. We pointed out that on tape, the officer followed her as she was driving without head lights for over a mile without stopping her on a residential street. The officer let the defendant drive onto the highway with no head lights. Furthermore, although the officer could have stopped her and done roadsides on a residential street, he chose to have her do them ten feet from cars and trucks on an interstate highway. We pointed out that this, her fear of being killed by a car or truck, could have contributed to her alleged poor performance. The State agreed after watching the whole video tape.
Result: The State dropped the DUI.

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