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
Call 24/7 Nights, Weekends & Holidays
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OUR RECENT VICTORIES

Jan 7, 2016 Case: 2015-CT-006635 Judge GRECO
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have and odor of alcohol, watery eyes, slurred speech, and had slow movements. The defendant had difficulty exiting the car and the officer had trouble understanding him speak. The defendant performed the field sobriety tests and showed numerous signs of impairment. He was arrested for DUI and subsequently blew a .147 and .138 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton convinced the prosecution that based on the defendant's medical conditions, the DUI should be Dropped.
Result: The State dropped the DUI.
Jan 7, 2016 Case: 2015-CT-008211-A-O Judge McGINNIS
Facts: The defendant was involved in a two car crash. She was not the at fault driver. When officers arrived on scene, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was then requested to perform roadside tests. During the walk and turn test, the defendant became argumentative and took the wrong number of steps and stepped off the line. On the one leg stand, the defendant started the test but never completed it. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton announced ready for trial. Just prior to trial, the defense pointed out to the State, that on video, the defendant kept telling the officer she had back and equilibrium issues. Yet, the officer insisted that she perform the physical tests like the one leg stand and walk and turn even though she kept telling him she could not do them. Also, the defendant was the one who was hit and not the cause of the crash. On the day of trial the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 7, 2016 Case: 2015-CT-006635 Judge GRECO
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have and odor of alcohol, watery eyes, slurred speech, and had slow movements. The defendant had difficulty exiting the car and the officer had trouble understanding him speak. The defendant performed the field sobriety tests and showed numerous signs of impairment. He was arrested for DUI and subsequently blew a .147 and .138 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton convinced the prosecution that based on the defendant's medical conditions, the DUI should be Dropped.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 15-CT-501703 Judge HAYES
Facts: The defendant was stopped for speeding and weaving. Upon being pulled over, the officer noticed the defendant to have an odor of alcohol and watery eyes. The defendant was swaying side to side once out of the car. The defendant then performed the roadside tests, which were captured on a body camera. For example, on the walk and turn, the defendant missed heel to toe, made an improper turn, and swung his right leg up during the turn. On the one leg stand, the defendant put his foot down three times and swayed. The officers noticed several empty beer cans in the bed of the defendant's pick up truck. Also, the officers noticed beer cans in the truck which were cold to the touch. He was arrested for DUI. After his arrest, the defendant refused the breath test.
Defense: Parks & Braxton announced ready for jury trial. The officer's observations of the defendant, as written in his report, were contradicted by the body camera. We pointed out that the defendant never swayed and his speech was normal. Also, the defendant had two passengers in the truck. Thus, there was no way to prove that the beers were the defendant's. On the morning of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-CT-002292 Judge CARR
Facts: The defendant was stopped for weaving all over the road, which was captured on video tape. Upon being stopped, the defendant stated he was lost and looking for the place he was heading to. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant was asked to perform roadside tasks, and as he exited his truck, he stumbled. The officer performed only the HGN (eye test). The defendant refused all further testing and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that since there was no sound on video tape, one could not hear whether the defendant's speech was actually slurred, nor could anyone hear any conversation between the officer and the defendant. Furthermore, upon a close viewing of the tape, there was a span of 6 minutes missing. The allegation that the defendant stumbled and that the HGN was performed was missing from the tape. The State reviewed the tape and Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-MM-01322-A-K Judge FOWLER
Facts: The defendant crashed his car into a refuge boat and a trailer at a high rate of speed. The impact caused the defendant's air bags to deploy. When officers arrived, they noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. The defendant, post Miranda, admitted to consuming five beers and that he had stopped drinking an hour before the crash. He was then asked to perform the field sobriety tests which were captured on video tape. According the officer, he failed them and was arrested for DUI. He had displayed numerous signs of being off balance and unsteady on the tests.
Defense: Parks & Braxton pointed out to the State that the airbags had hit the defendant in the face, chest, and arms after a severe crash. Thus, there was reasonable doubt as to whether the defendant was impaired by alcohol or injuries sustained in the crash.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-CT-015963 Judge GABBARD
Facts: The defendant was stopped for failing to maintain a single lane. He was observed weaving all over the roadway. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, fumbling fingers, slurred speech, and difficulty opening his car door. The defendant admitted to having consumed a couple of beers. He was asked to perform roadside tasks and he refused. He was then 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 on the roadside video, the officer was using language during the DUI investigation, that made it clear he was going to arrest the defendant no matter whether he did the roadside or not. This clearly showed the officer had no intent on letting the defendant try to show him, via the roadsides, that he was not impaired. The defendant even stated at one point, "whether I do them or not, your taking me to jail anyway" and the officer arrested him within seconds. Just prior to the trial date, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 15-CT-501703 Judge HAYES
Facts: The defendant was stopped for speeding and weaving. Upon being pulled over, the officer noticed the defendant to have an odor of alcohol and watery eyes. The defendant was swaying side to side once out of the car. The defendant then performed the roadside tests, which were captured on a body camera. For example, on the walk and turn, the defendant missed heel to toe, made an improper turn, and swung his right leg up during the turn. On the one leg stand, the defendant put his foot down three times and swayed. The officers noticed several empty beer cans in the bed of the defendant's pick up truck. Also, the officers noticed beer cans in the truck which were cold to the touch. He was arrested for DUI. After his arrest, the defendant refused the breath test.
Defense: Parks & Braxton announced ready for jury trial. The officer's observations of the defendant, as written in his report, were contradicted by the body camera. We pointed out that the defendant never swayed and his speech was normal. Also, the defendant had two passengers in the truck. Thus, there was no way to prove that the beers were the defendant's. On the morning of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-CT-002292 Judge CARR
Facts: The defendant was stopped for weaving all over the road, which was captured on video tape. Upon being stopped, the defendant stated he was lost and looking for the place he was heading to. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant was asked to perform roadside tasks, and as he exited his truck, he stumbled. The officer performed only the HGN (eye test). The defendant refused all further testing and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that since there was no sound on video tape, one could not hear whether the defendant's speech was actually slurred, nor could anyone hear any conversation between the officer and the defendant. Furthermore, upon a close viewing of the tape, there was a span of 6 minutes missing. The allegation that the defendant stumbled and that the HGN was performed was missing from the tape. The State reviewed the tape and Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-MM-01322-A-K Judge FOWLER
Facts: The defendant crashed his car into a refuge boat and a trailer at a high rate of speed. The impact caused the defendant's air bags to deploy. When officers arrived, they noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. The defendant, post Miranda, admitted to consuming five beers and that he had stopped drinking an hour before the crash. He was then asked to perform the field sobriety tests which were captured on video tape. According the officer, he failed them and was arrested for DUI. He had displayed numerous signs of being off balance and unsteady on the tests.
Defense: Parks & Braxton pointed out to the State that the airbags had hit the defendant in the face, chest, and arms after a severe crash. Thus, there was reasonable doubt as to whether the defendant was impaired by alcohol or injuries sustained in the crash.
Result: The State dropped the DUI.
Jan 6, 2016 Case: 2015-CT-015963 Judge GABBARD
Facts: The defendant was stopped for failing to maintain a single lane. He was observed weaving all over the roadway. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, fumbling fingers, slurred speech, and difficulty opening his car door. The defendant admitted to having consumed a couple of beers. He was asked to perform roadside tasks and he refused. He was then 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 on the roadside video, the officer was using language during the DUI investigation, that made it clear he was going to arrest the defendant no matter whether he did the roadside or not. This clearly showed the officer had no intent on letting the defendant try to show him, via the roadsides, that he was not impaired. The defendant even stated at one point, "whether I do them or not, your taking me to jail anyway" and the officer arrested him within seconds. Just prior to the trial date, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 4, 2016 Case: 8091-XBP Judge Newman
Facts: The defendant was stopped by the police after a BOLO went out about the defendant driving recklessly. When the officer spotted the defendant, he observed her to be weaving all over the road. The officers observed the defendant to have an odor of alcohol and slow speech. Upon exiting the vehicle, the officers observed the defendant to be so intoxicated, that for safety reasons, no roadside tests were performed. She was then arrested for DUI. After her arrest, the defendant blew a .332 and .315 in the breath machine (nearly 4 times the legal limit).
Defense: Parks & Braxton announced ready for trial. On the day of trial, we pointed out to the State that upon looking at the breath results paper that prints out from the machine, it displayed an initial "purge fail" prior to the defendant providing the two breath results. No officers could explain why that happened on the machine or most importantly if that "purge fail" affected the defendant's breath readings in any way.
Result: The State dropped the DUI.
Jan 4, 2016 Case: 8091-XBP Judge Newman
Facts: The defendant was stopped by the police after a BOLO went out about the defendant driving recklessly. When the officer spotted the defendant, he observed her to be weaving all over the road. The officers observed the defendant to have an odor of alcohol and slow speech. Upon exiting the vehicle, the officers observed the defendant to be so intoxicated, that for safety reasons, no roadside tests were performed. She was then arrested for DUI. After her arrest, the defendant blew a .332 and .315 in the breath machine (nearly 4 times the legal limit).
Defense: Parks & Braxton announced ready for trial. On the day of trial, we pointed out to the State that upon looking at the breath results paper that prints out from the machine, it displayed an initial "purge fail" prior to the defendant providing the two breath results. No officers could explain why that happened on the machine or most importantly if that "purge fail" affected the defendant's breath readings in any way.
Result: The State dropped the DUI.
Dec 14, 2015 Case: 2015-CT-001357-A-E-X Judge STARR
Facts: The defendant drove against traffic in the wrong direction and crashed into another car. Upon arrival, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant's motor skills were slow and he admitted drinking whiskey. The defendant then refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew a .195 and .184 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the day of trial the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 14, 2015 Case: 2015-CT-001357-A-E-X Judge STARR
Facts: The defendant drove against traffic in the wrong direction and crashed into another car. Upon arrival, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant's motor skills were slow and he admitted drinking whiskey. The defendant then refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew a .195 and .184 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the day of trial the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 11, 2015 Case: 2015-CT-013464AXXX Judge BRYSON
Facts: The defendant crashed her car into a street sign causing her to veer off the roadway. When officers arrived, they observed the defendant to have an odor of alcohol and slurred speech. The defendant refused to perform the roadside tasks and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State that there was no indication that the defendant was driving recklessly which caused the crash. We also told the State than any slurred speech could have been caused by hitting her head during the crash. There was also no video at the scene of the DUI.
Result: The State dropped the DUI.
Dec 11, 2015 Case: 2015-CT-033147-AXXX-XX Judge Murphy
Facts: The police responded to a call about an unconscious driver who may have been involved in a crash. The caller advised that the defendant may have been sleeping, but was breathing. When fire rescue arrived, there was no crash and the defendant was seen walking down the road. The police then found the defendant walking down the road. They observed the defendant to have an odor of alcohol and glassy eyes. He was then asked to perform the roadside tests. According the officer, he failed them and was arrested for DUI. It should be noted, one could hardly see the defendant's performance on tape and there was no sound. After his arrest, he refused the breath test. The defendant was also charged with second or subsequent refusal to provide a breath sample as this was his Third DUI arrest with one prior DUI conviction.
Defense: Parks & Braxton had pretrial discussions with the State. We pointed out that pursuant to Florida Statute 901.15, the arrest of the defendant was unlawful because no police officer observed the defendant behind the wheel. Under Florida law, unless there is a crash and/or crash investigation, the officer must see all elements of the crime. (ie. for DUI, the first element of the crime, that the defendant was driving or in actual physical control). The State Dropped the DUI and Dismissed the refusal charge. The defendant received no criminal convictions.
Result: The State dropped the DUI.
Dec 11, 2015 Case: 2015-CT-013464AXXX Judge BRYSON
Facts: The defendant crashed her car into a street sign causing her to veer off the roadway. When officers arrived, they observed the defendant to have an odor of alcohol and slurred speech. The defendant refused to perform the roadside tasks and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State that there was no indication that the defendant was driving recklessly which caused the crash. We also told the State than any slurred speech could have been caused by hitting her head during the crash. There was also no video at the scene of the DUI.
Result: The State dropped the DUI.
Dec 11, 2015 Case: 2015-CT-033147-AXXX-XX Judge Murphy
Facts: The police responded to a call about an unconscious driver who may have been involved in a crash. The caller advised that the defendant may have been sleeping, but was breathing. When fire rescue arrived, there was no crash and the defendant was seen walking down the road. The police then found the defendant walking down the road. They observed the defendant to have an odor of alcohol and glassy eyes. He was then asked to perform the roadside tests. According the officer, he failed them and was arrested for DUI. It should be noted, one could hardly see the defendant's performance on tape and there was no sound. After his arrest, he refused the breath test. The defendant was also charged with second or subsequent refusal to provide a breath sample as this was his Third DUI arrest with one prior DUI conviction.
Defense: Parks & Braxton had pretrial discussions with the State. We pointed out that pursuant to Florida Statute 901.15, the arrest of the defendant was unlawful because no police officer observed the defendant behind the wheel. Under Florida law, unless there is a crash and/or crash investigation, the officer must see all elements of the crime. (ie. for DUI, the first element of the crime, that the defendant was driving or in actual physical control). The State Dropped the DUI and Dismissed the refusal charge. The defendant received no criminal convictions.
Result: The State dropped the DUI.
Dec 10, 2015 Case: 2015-CT-010690 Judge GRECO
Facts: The defendant was stopped after a 911 caller stated the defendant was driving recklessly. The officer located the defendant's car and observed her to be weaving, almost sideswiping another car, and making jerky motions with the vehicle. The officers observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was off balance exiting the car and she admitted to drinking vodka. The defendant performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton was ready for trial. Prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.

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