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 13, 2015 Case: 2015-CT-002762AXXX Judge CUNNINGHAM
Facts: The defendant allegedly bumped another car at a McDonald's drive thru. It happened to be the defendant's neighbor who he has had problems with in the past. The defendant got scared and left. When officers caught the defendant, they observed him to have an odor of alcohol, a slight slur to his speech, and glazed eyes. The defendant told the police he had drank a half a bottle of wine with his girlfriend. The defendant showed signs of intoxication on the field sobriety tests and was arrested for DUI and Leaving the Scene of an Accident. After his arrest, he blew a .102 and .106 in the breath machine.
Defense: Parks & Braxton immediately got pictures of the defendant's car after he retained the firm. There was no damage at all. We then showed the pictures to the State and pointed out to them that there was no "accident" as defined by case law and this was a neighborly quarrel. Thus, we explained to the prosecutor that officers had no right to stop our client because there was no accident. The State Dropped the DUI and the defendant received no conviction on the Leaving the Scene of the Accident charge.
Result: The State dropped the DUI.
Nov 9, 2015 Case: CTC-14A1MARLETWS (JURY TRIAL) Judge Salton
Facts: The defendant was stopped for speeding. Upon making contact with the defendant, the officer observed an odor of alcohol and blood shot eyes. When asked to produce his driver's license, the defendant fumbled while looking for it and then dropped it. According to the officer, the defendant was unsteady getting out of his car and swaying while walking to the spot to perform the field sobriety tests. The defendant then performed the roadside tests on video tape at the request of the officer. According to the officer, the defendant failed and was arrested for DUI. After his arrest, the defendant blew a .089 and .087 in the breath machine.
Defense: Parks & Braxton proceeded to jury trial. After a three day trial, the jury was undecided. Specifically, five jurors voted not guilty and one voted for guilty. As a result, of the hung jury, the case was reset to be tried a second time. Prior to the new trial date, and after listening to the testimony of the witnesses during trial, the State agreed to drop the DUI.
Result: The State dropped the DUI.
Nov 9, 2015 Case: CTC-14A1MARLETWS (JURY TRIAL) Judge Salton
Facts: The defendant was stopped for speeding. Upon making contact with the defendant, the officer observed an odor of alcohol and blood shot eyes. When asked to produce his driver's license, the defendant fumbled while looking for it and then dropped it. According to the officer, the defendant was unsteady getting out of his car and swaying while walking to the spot to perform the field sobriety tests. The defendant then performed the roadside tests on video tape at the request of the officer. According to the officer, the defendant failed and was arrested for DUI. After his arrest, the defendant blew a .089 and .087 in the breath machine.
Defense: Parks & Braxton proceeded to jury trial. After a three day trial, the jury was undecided. Specifically, five jurors voted not guilty and one voted for guilty. As a result, of the hung jury, the case was reset to be tried a second time. Prior to the new trial date, and after listening to the testimony of the witnesses during trial, the State agreed to drop the DUI.
Result: The State dropped the DUI.
Nov 5, 2015 Case: 15-029049TC10A Judge Brown
Facts: Several officers responded to a crash scene in reference to a possible traffic homicide investigation. Upon their arrival it was determined that despite the severity of the accident, none of the parties involved died. After speaking with the independent witnesses, the officers went to the hospital to speak with the defendant. At the hospital, the lead officer asked the doctor whether an odor of alcohol was observed. The doctor responded by disclosing that the defendant's blood alcohol level was a .217. Subsequently, the State attempted to secure the defendant's medical records.
Defense: Parks & Braxton objected to the State's request for medical records. At the motion, we explained to the Judge that the only thing the officer could have done with the information he received from the doctor was to request a "legal" blood draw. The Judge agreed and refused to permit the State from acquiring the medical records which contained the blood result. As a result, the State was prevented from filing the DUI charge.
Result: The DUI was dismissed.
Nov 5, 2015 Case: 15-029049TC10A Judge Brown
Facts: Several officers responded to a crash scene in reference to a possible traffic homicide investigation. Upon their arrival it was determined that despite the severity of the accident, none of the parties involved died. After speaking with the independent witnesses, the officers went to the hospital to speak with the defendant. At the hospital, the lead officer asked the doctor whether an odor of alcohol was observed. The doctor responded by disclosing that the defendant's blood alcohol level was a .217. Subsequently, the State attempted to secure the defendant's medical records.
Defense: Parks & Braxton objected to the State's request for medical records. At the motion, we explained to the Judge that the only thing the officer could have done with the information he received from the doctor was to request a "legal" blood draw. The Judge agreed and refused to permit the State from acquiring the medical records which contained the blood result. As a result, the State was prevented from filing the DUI charge.
Result: The DUI was dismissed.
Nov 3, 2015 Case: 13-014188MM10A Judge Diaz
Facts: The defendant was stopped for drifting across the lane markers several times. Upon making contact with the defendant the officer observed slurred speech, bloodshot eyes and a strong odor of alcohol. In addition, the officer stated that she was unsteady on her feet. She performed the field sobriety tests at the scene which were not on video. While the report indicated that the defendant's performance was poor, he failed to state with any degree of specificity what the defendant did wrong. The defendant was subsequently arrested for DUI. At the breath alcohol testing facility, the defendant was placed on video. Despite some minor slurred speech, there was no unsteadiness throughout the entire video.
Defense: Based on the conflict between the officer's report and the video, Parks & Braxton announced ready for trial. Prior to picking a jury the State dropped the DUI.
Result: The State dropped the DUI.
Nov 3, 2015 Case: 13-014188MM10A Judge Diaz
Facts: The defendant was stopped for drifting across the lane markers several times. Upon making contact with the defendant the officer observed slurred speech, bloodshot eyes and a strong odor of alcohol. In addition, the officer stated that she was unsteady on her feet. She performed the field sobriety tests at the scene which were not on video. While the report indicated that the defendant's performance was poor, he failed to state with any degree of specificity what the defendant did wrong. The defendant was subsequently arrested for DUI. At the breath alcohol testing facility, the defendant was placed on video. Despite some minor slurred speech, there was no unsteadiness throughout the entire video.
Defense: Based on the conflict between the officer's report and the video, Parks & Braxton announced ready for trial. Prior to picking a jury the State dropped the DUI.
Result: The State dropped the DUI.
Nov 2, 2015 Case: 2015-CT-009108 Judge LEFLER
Facts: The defendant was found by the police with a flat tire in a handicap parking space. Upon contact, the officer observed the defendant to have an odor of alcohol, she seemed confused, and had watery eyes. The defendant then admitted to drinking vodka cranberry cocktails that night. According to the officer, the defendant failed the videotaped roadside tasks and was arrested for DUI. After her arrest, she blew a .085 and .087 in the breath machine.
Defense: Parks & Braxton showed the State that the officer made up his mind to arrest the defendant even before the DUI investigation began. He stated on video that "he has zero tolerance for drinking and driving." It is not a crime to simply drink and drive. Furthermore, the defendant's video tape of her roadside tasks contradicted the written reports. Also, we pointed out that with the .02 margin of error on the breath machine, the defendant could have been under the legal limit a the time of driving.
Result: The State dropped the DUI.
Nov 2, 2015 Case: 2015-CT-010483 Judge LEFLER
Facts: The defendant was the at fault driver in a rear end crash. There was hardly any damage, if any. When the officer arrived, he noticed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. The defendant performed the roadside tests at the request of the officer. She performed the HGN (eye test), walk and turn, and one leg stand tests. She displayed signs of impairment and was arrested for DUI. After her arrest, she blew a .125 and .136 in the breath machine.
Defense: Parks & Braxton pointed out that the defendant performed much better on the field sobriety tests on video than as described. Also, her speech appeared normal and she was not off balance or unsteady. The video clearly showed she may have been under the legal limit at the time of driving.
Result: The State dropped the DUI.
Nov 2, 2015 Case: 2015-CT-009108 Judge LEFLER
Facts: The defendant was found by the police with a flat tire in a handicap parking space. Upon contact, the officer observed the defendant to have an odor of alcohol, she seemed confused, and had watery eyes. The defendant then admitted to drinking vodka cranberry cocktails that night. According to the officer, the defendant failed the videotaped roadside tasks and was arrested for DUI. After her arrest, she blew a .085 and .087 in the breath machine.
Defense: Parks & Braxton showed the State that the officer made up his mind to arrest the defendant even before the DUI investigation began. He stated on video that "he has zero tolerance for drinking and driving." It is not a crime to simply drink and drive. Furthermore, the defendant's video tape of her roadside tasks contradicted the written reports. Also, we pointed out that with the .02 margin of error on the breath machine, the defendant could have been under the legal limit a the time of driving.
Result: The State dropped the DUI.
Nov 2, 2015 Case: 2015-CT-010483 Judge LEFLER
Facts: The defendant was the at fault driver in a rear end crash. There was hardly any damage, if any. When the officer arrived, he noticed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. The defendant performed the roadside tests at the request of the officer. She performed the HGN (eye test), walk and turn, and one leg stand tests. She displayed signs of impairment and was arrested for DUI. After her arrest, she blew a .125 and .136 in the breath machine.
Defense: Parks & Braxton pointed out that the defendant performed much better on the field sobriety tests on video than as described. Also, her speech appeared normal and she was not off balance or unsteady. The video clearly showed she may have been under the legal limit at the time of driving.
Result: The State dropped the DUI.
Oct 26, 2015 Case: 2015-CT-012570AXXX-XX Judge KOONS
Facts: The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to be fumbling around for his items. The officer also noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant would not get out of the car and had to be physically removed. He was then asked to perform roadside tasks to which he refused. The defendant was then arrested for DUI and resisting an officer without violence for refusing to get out of the car. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton brought to the State's attention that in one report, the officer wrote that the defendant had refused the roadside tasks. Yet, on another supplement, the same officer wrote that the defendant actually performed the tests and was arrested based on his performance. Also, the defendant's speech did not sound slurred on the videotape and when confronted about it, he stated "my speech is not slurred." The State dismissed the resisting charge and dropped the DUI.
Result: The State dropped the DUI.
Oct 26, 2015 Case: 2015-CT-012570AXXX-XX Judge KOONS
Facts: The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to be fumbling around for his items. The officer also noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant would not get out of the car and had to be physically removed. He was then asked to perform roadside tasks to which he refused. The defendant was then arrested for DUI and resisting an officer without violence for refusing to get out of the car. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton brought to the State's attention that in one report, the officer wrote that the defendant had refused the roadside tasks. Yet, on another supplement, the same officer wrote that the defendant actually performed the tests and was arrested based on his performance. Also, the defendant's speech did not sound slurred on the videotape and when confronted about it, he stated "my speech is not slurred." The State dismissed the resisting charge and dropped the DUI.
Result: The State dropped the DUI.
Oct 23, 2015 Case: 14-016505MU10A Judge LEVINE
Facts: The officer said that he observed the defendant weaving in and out of the bicycle lane. At the same time, he stated that smoke was coming out of the front of the defendant's vehicle. After stopping the vehicle the officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed poorly on three sobriety tests and was arrested for DUI. At the station, the defendant refused to submit to a breath test but performed the sobriety tests on video. The defendant had trouble answering basic questions including his social security number. On video, he failed each sobriety test. This was the defendant's Third DUI offense.
Defense: Upon noticing the officer behind him, the defendant pulled out his phone and began to record the entire driving episode. The video was completely different from the description the officer provided. Parks & Braxton filed a motion to suppress based on an unlawful stop. On the morning of the motion, the video was provided to the prosecutor for her review. Ultimately, the State conceded the issue of the invalid stop.
Result: The State dropped the DUI.
Oct 23, 2015 Case: 14-016505MU10A Judge LEVINE
Facts: The officer said that he observed the defendant weaving in and out of the bicycle lane. At the same time, he stated that smoke was coming out of the front of the defendant's vehicle. After stopping the vehicle the officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed poorly on three sobriety tests and was arrested for DUI. At the station, the defendant refused to submit to a breath test but performed the sobriety tests on video. The defendant had trouble answering basic questions including his social security number. On video, he failed each sobriety test. This was the defendant's Third DUI offense.
Defense: Upon noticing the officer behind him, the defendant pulled out his phone and began to record the entire driving episode. The video was completely different from the description the officer provided. Parks & Braxton filed a motion to suppress based on an unlawful stop. On the morning of the motion, the video was provided to the prosecutor for her review. Ultimately, the State conceded the issue of the invalid stop.
Result: The State dropped the DUI.
Oct 22, 2015 Case: 2015-CT-015782AXXX Judge SHEPHARD
Facts: The defendant was found by the police sleeping in his car in a parking lot. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, slurred/mumbling speech, and he was making illogical statements. The defendant was very argumentative. He was then asked to perform the roadside tasks. He refused and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant was not in "actual physical control" of the motor vehicle. One cannot have the "capability" to operate a motor vehicle while asleep.
Result: The State dropped the DUI.
Oct 22, 2015 Case: 2015-CT-015782AXXX Judge SHEPHARD
Facts: The defendant was found by the police sleeping in his car in a parking lot. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, slurred/mumbling speech, and he was making illogical statements. The defendant was very argumentative. He was then asked to perform the roadside tasks. He refused and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant was not in "actual physical control" of the motor vehicle. One cannot have the "capability" to operate a motor vehicle while asleep.
Result: The State dropped the DUI.
Oct 20, 2015 Case: 14-030349MU10A Judge SOLOMON
Facts: The defendant was stopped for swerving as well as speeding. The officer stated that the defendant had difficulty retrieving his license and registration. During conversations the officer said that the defendant's speech was slurred. He noticed an odor of alcohol as well as bloodshot eyes and subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived and stated that the defendant was off balance exiting the car. When asked how much he had to drink, the defendant stated "a flight and a pint." The defendant performed poorly on all three field sobriety tests and was arrested for DUI. He subsequently blew a .132 in the breath machine.
Defense: Upon receiving the evidence, it was clear that the video was inconsistent with many of the officers' conclusions. In addition, the defendant's breath test was not known at the time of driving. The two results demonstrated that his alcohol level was still rising rather than eliminating. As a result, the State would not be able to prove that the defendant was above a .08 while driving as required by law. As a result, the defense announced ready for trial.
Result: The State dropped the DUI.
Oct 20, 2015 Case: 14-030349MU10A Judge SOLOMON
Facts: The defendant was stopped for swerving as well as speeding. The officer stated that the defendant had difficulty retrieving his license and registration. During conversations the officer said that the defendant's speech was slurred. He noticed an odor of alcohol as well as bloodshot eyes and subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived and stated that the defendant was off balance exiting the car. When asked how much he had to drink, the defendant stated "a flight and a pint." The defendant performed poorly on all three field sobriety tests and was arrested for DUI. He subsequently blew a .132 in the breath machine.
Defense: Upon receiving the evidence, it was clear that the video was inconsistent with many of the officers' conclusions. In addition, the defendant's breath test was not known at the time of driving. The two results demonstrated that his alcohol level was still rising rather than eliminating. As a result, the State would not be able to prove that the defendant was above a .08 while driving as required by law. As a result, the defense announced ready for trial.
Result: The State dropped the DUI.
Oct 14, 2015 Case: 2015-CT-029698AXXX-XX Judge GARAGOZLO
Facts: The defendant was stopped for erratic driving and driving up on a curb. The officer noticed an odor of alcohol, a flushed face, slurred speech, and blood shot eyes. The defendant stated he had a couple of beers. The defendant was asked to perform field sobriety tests while he was still seated in his car. The defendant refused to perform them and was arrested for DUI. After his arrest, he refused the breath test. Also, partially cold filled beers were found in the defendant's car.
Defense: Parks & Braxton pointed out to the State, that on the video tape, the defendant's speech was not slurred. Also, the defendant, when asked to get out of the car, was not off balance or unsteady. Finally, the officer never advised the defendant of any adverse consequences when he refused to perform the roadside tests.
Result: The State dropped the DUI.

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