Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

Free Consultations
ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

Sep 28, 2015 Case: A0Z4Z9P Judge BEDINGHAUS
Facts: video tape. For example, on the walk and turn exercise, the defendant would take only three steps and stop and do that over and over. He did not follow one instruction the officer was giving. On the one leg stand test, the defendant put his foot down several times, used his arms for balance, and swayed. He was then arrested for DUI. After his arrest, the defendant blew a .231 and a .231 in the breath machine (nearly three times the legal limit).
Defense: Parks & Braxton filed a pretrial motion to suppress, challenging the lawfulness of the initial traffic stop. In our motion, we alleged there was no probable cause to believe the defendant committed any traffic infractions justifying the stop of his vehicle. We argued in our motion that no traffic or pedestrians were affected by the squealing of the tires as required by case law. Also, the officers were not able to provide any evidence the defendant was traveling over the posted speed limit in that area. On the day the motion was going be argued, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 25, 2015 Case: 2015-CT-007115 Judge STARR
Facts: The defendant was stopped for driving the wrong way. The officer who stopped the defendant, observed the defendant to have sluggish speech, slow movements, and heavy/droopy eye lids. He had a dazed look and blank stare during the entire investigation. He admitted to taking anti-anxiety medications that day which were controlled substances. The officer, believing the defendant was impaired by those controlled substances, asked the defendant to perform the roadside tasks. The defendant refused and was arrested for DUI. At the station, he provided a urine sample. That sample eventually came back from the lab and was positive for a controlled substance.
Defense: Parks & Braxton argued that the State did not provide the urine report in a timely fashion as previously ordered by the court prior to trial.
Result: The State dropped the DUI.
Sep 25, 2015 Case: 2015-CT-007115 Judge STARR
Facts: The defendant was stopped for driving the wrong way. The officer who stopped the defendant, observed the defendant to have sluggish speech, slow movements, and heavy/droopy eye lids. He had a dazed look and blank stare during the entire investigation. He admitted to taking anti-anxiety medications that day which were controlled substances. The officer, believing the defendant was impaired by those controlled substances, asked the defendant to perform the roadside tasks. The defendant refused and was arrested for DUI. At the station, he provided a urine sample. That sample eventually came back from the lab and was positive for a controlled substance.
Defense: Parks & Braxton argued that the State did not provide the urine report in a timely fashion as previously ordered by the court prior to trial.
Result: The State dropped the DUI.
Sep 22, 2015 Case: 15-001010CT Judge PROVOST
Facts: The defendant was stopped for swerving and crossing lane markers. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated she had nothing to drink even after the officer confronted her numerous times about the odor of liquor coming from her breath. She was also unsteady on her feet according the officer. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she showed signs of impairment and was arrested for DUI. After her arrest, she refused the breath test. The entire incident was captured on tape, including the driving pattern.
Defense: Parks and Braxton had pretrial talks with the prosecutor. We pointed out that the defendant's speech was not slurred on tape as she had a very thick accent. Also, she was not unsteady on her feet on video tape. Furthermore, the defendant told the officer upon being stopped that she was lost and was on the phone trying get directions home. Also, the defendant's performance on the field sobriety tests on tape contradicted the description given in the officer's report.
Result: The State dropped the DUI.
Sep 22, 2015 Case: 15-001010CT Judge PROVOST
Facts: The defendant was stopped for swerving and crossing lane markers. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated she had nothing to drink even after the officer confronted her numerous times about the odor of liquor coming from her breath. She was also unsteady on her feet according the officer. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she showed signs of impairment and was arrested for DUI. After her arrest, she refused the breath test. The entire incident was captured on tape, including the driving pattern.
Defense: Parks and Braxton had pretrial talks with the prosecutor. We pointed out that the defendant's speech was not slurred on tape as she had a very thick accent. Also, she was not unsteady on her feet on video tape. Furthermore, the defendant told the officer upon being stopped that she was lost and was on the phone trying get directions home. Also, the defendant's performance on the field sobriety tests on tape contradicted the description given in the officer's report.
Result: The State dropped the DUI.
Sep 21, 2015 Case: A10I8QP Judge SERAPHIN
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant lost his balance while outside of his car. The defendant then performed the roadside tasks. For example, on the walk and turn test, he took an incorrect number of steps, did not touch heel to toe, and used his arms for balance. On the one leg stand exercise, he swayed and used his arms for balance. He was then arrested for DUI. After his arrest, he blew a .135 and .125 in the breath machine.
Defense: Parks & Braxton had pretrial talks with the State. We pointed out that the police reports did not adequately describe the details of the roadside tasks. There was no video tape in the case. Also, the control tests were reading high on the breath test result print out which could have led to falsely high breath test results.
Result: The State dropped the DUI.
Sep 21, 2015 Case: A10I8QP Judge SERAPHIN
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant lost his balance while outside of his car. The defendant then performed the roadside tasks. For example, on the walk and turn test, he took an incorrect number of steps, did not touch heel to toe, and used his arms for balance. On the one leg stand exercise, he swayed and used his arms for balance. He was then arrested for DUI. After his arrest, he blew a .135 and .125 in the breath machine.
Defense: Parks & Braxton had pretrial talks with the State. We pointed out that the police reports did not adequately describe the details of the roadside tasks. There was no video tape in the case. Also, the control tests were reading high on the breath test result print out which could have led to falsely high breath test results.
Result: The State dropped the DUI.
Sep 18, 2015 Case: 2014-CT-011558-O Judge Bell
Facts: NoThe defendant was stopped for failing to yield to oncoming traffic and speeding. Once stopped, the officer observed the defendant to have an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. The defendant stated he had drank 3-4 beers. The defendant then perform the roadside tasks on video tape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .161 and .156 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the video contradicted the officer's police reports. The video showed the defendant did much better on the roadside tests than the officer described in his written reports. Also, we pointed out that the the defendant was clearly absorbing alcohol and his breath alcohol level was lower than the legal limit at the time of driving based on the video tape.
Result: The State dropped the DUI.
Sep 18, 2015 Case: 2014-CT-011558-O Judge Bell
Facts: No The defendant was stopped for failing to yield to oncoming traffic and speeding. Once stopped, the officer observed the defendant to have an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. The defendant stated he had drank 3-4 beers. The defendant then perform the roadside tasks on video tape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .161 and .156 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the video contradicted the officer's police reports. The video showed the defendant did much better on the roadside tests than the officer described in his written reports. Also, we pointed out that the the defendant was clearly absorbing alcohol and his breath alcohol level was lower than the legal limit at the time of driving based on the video tape.
Result: The State dropped the DUI.
Sep 17, 2015 Case: 4119-XEX Judge Newman
Facts: The defendant was stopped by the police for having illegal dark window tinting on his car windows. The officer observed the defendant to have an odor of alcohol, mumbled speech, and blood shot eyes. The officer also noticed cups in the car with alcohol in them. Bottles of brandy were also found in the car. The defendant performed the roadside exercises at the request of the officer. According to the officer, the defendant exhibited numerous sings of intoxication and he was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had discussions with the State. We pointed out that pursuant to case law, the defendant may have been unlawfully stopped based on the alleged shade of tint he had on his windows.
Result: The State dropped the DUI.
Sep 17, 2015 Case: 4119-XEX Judge Newman
Facts: The defendant was stopped by the police for having illegal dark window tinting on his car windows. The officer observed the defendant to have an odor of alcohol, mumbled speech, and blood shot eyes. The officer also noticed cups in the car with alcohol in them. Bottles of brandy were also found in the car. The defendant performed the roadside exercises at the request of the officer. According to the officer, the defendant exhibited numerous sings of intoxication and he was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had discussions with the State. We pointed out that pursuant to case law, the defendant may have been unlawfully stopped based on the alleged shade of tint he had on his windows.
Result: The State dropped the DUI.
Sep 16, 2015 Case: 2015MM4328 Judge HERR
Facts: The defendant was involved in a crash whereby he wiped out on his motorcycle. The defendant was ejected from the bike and slid on the ground per the witnesses who called 911. The defendant had injuries to his head and shoulder. Prior to the defendant being taken to the hospital, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. Post Miranda warnings, the defendant stated he had drank three mixed drinks. The defendant was then transported to the hospital. At the hospital, the officer ordered a blood draw. When the blood results came back from the toxicology lab, they showed the defendant had a blood alcohol level of .177 and .177.
Defense: Parks & Braxton pointed out to the State that the blood was unlawfully taken by the officer. We indicated to the State, that based on the reports, a breath test was not impractical or impossible as required by Florida law.
Result: The State dropped the DUI.
Sep 16, 2015 Case: 2015MM4328 Judge HERR
Facts: The defendant was involved in a crash whereby he wiped out on his motorcycle. The defendant was ejected from the bike and slid on the ground per the witnesses who called 911. The defendant had injuries to his head and shoulder. Prior to the defendant being taken to the hospital, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. Post Miranda warnings, the defendant stated he had drank three mixed drinks. The defendant was then transported to the hospital. At the hospital, the officer ordered a blood draw. When the blood results came back from the toxicology lab, they showed the defendant had a blood alcohol level of .177 and .177.
Defense: Parks & Braxton pointed out to the State that the blood was unlawfully taken by the officer. We indicated to the State, that based on the reports, a breath test was not impractical or impossible as required by Florida law.
Result: The State dropped the DUI.
Sep 15, 2015 Case: A1REZMP Judge GONZALEZ-WHYTE
Facts: The defendant was stopped for speeding. The defendant appeared to be acting slowly, have dilated pupils, and watery eyes. The officer also observed body and eyelid tremors. The officer concluded the defendant may be impaired by a controlled substance, as no odor of alcohol was detected. The defendant preformed the roadside tests and according to the officer he failed them. The defendant was then arrested for DUI. Back at the station, a further investigation was conducted called a Drug Recognition Evaluation. That officer, called a DRE (drug recognition expert), concluded that the defendant was impaired by either a CNS stimulant and/or marijuana. The officer then requested a urine test to which the defendant complied.
Defense: Parks & Braxton announced ready for jury trial. First, the defense pointed out to the State that there was no reasonable suspicion of any crime to even conduct any type of DUI investigation. Also, we pointed out that there was no "reasonable cause" to even ask for urine test on these facts pursuant to Florida case law and the Florida Statutes. Finally, the State never provided the urine results in a timely fashion per court orders. Thus the State was prohibited from using any test results. On the morning of jury trial, the State Dismissed the DUI.
Result: The DUI was dismissed.
Sep 15, 2015 Case: A1REZMP Judge GONZALEZ-WHYTE
Facts: The defendant was stopped for speeding. The defendant appeared to be acting slowly, have dilated pupils, and watery eyes. The officer also observed body and eyelid tremors. The officer concluded the defendant may be impaired by a controlled substance, as no odor of alcohol was detected. The defendant preformed the roadside tests and according to the officer he failed them. The defendant was then arrested for DUI. Back at the station, a further investigation was conducted called a Drug Recognition Evaluation. That officer, called a DRE (drug recognition expert), concluded that the defendant was impaired by either a CNS stimulant and/or marijuana. The officer then requested a urine test to which the defendant complied.
Defense: Parks & Braxton announced ready for jury trial. First, the defense pointed out to the State that there was no reasonable suspicion of any crime to even conduct any type of DUI investigation. Also, we pointed out that there was no "reasonable cause" to even ask for urine test on these facts pursuant to Florida case law and the Florida Statutes. Finally, the State never provided the urine results in a timely fashion per court orders. Thus the State was prohibited from using any test results. On the morning of jury trial, the State Dismissed the DUI.
Result: The DUI was dismissed.
Sep 9, 2015 Case: 2015-MM-003937 Judge COLLINS
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, heavily slurred speech, and water/glassy eyes. The defendant stated he drank a few beers. The defendant swayed and staggered as he walked. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that on the video tape, the defendant's speech was normal and he was not off balance or unsteady. The video also showed the defendant walking normally. The State Dropped the DUI and the defendant received no criminal conviction at all on his record.
Result: The State dropped the DUI.
Sep 9, 2015 Case: 2015-MM-003937 Judge COLLINS
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, heavily slurred speech, and water/glassy eyes. The defendant stated he drank a few beers. The defendant swayed and staggered as he walked. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that on the video tape, the defendant's speech was normal and he was not off balance or unsteady. The video also showed the defendant walking normally. The State Dropped the DUI and the defendant received no criminal conviction at all on his record.
Result: The State dropped the DUI.
Sep 8, 2015 Case: 7172-XEQ Judge Seraphin
Facts: The defendant was stopped for driving 102 mph in a 55 mph zone on the highway. He was also cutting in and out of traffic and tailgating. The officer stopped the defendant for reckless driving. That officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit who made similar observations. The defendant then performed the roadside tests at the request of the officer. According to the officer he failed. For example, on the walk and turn, he stepped of the line and did not touch heel to toe. On the one leg stand test, he put his foot down, swayed, and used his arms for balance. The defendant was arrested for reckless driving and DUI. It should be noted this was the defendant's second DUI arrest.
Defense: Parks & Braxton announced ready for jury trial. On the morning of trial, the officer who stopped the defendant was asked numerous questions by the defense before trial got started. There were several things the officer added to the alleged driving pattern that were not written his report. For example, he stated the defendant almost rear ended him and was driving on the lane marker for a mile. The DUI officer also wrote a very vague report without including any specifics about the roadside tests. Prior to picking a jury, the State dismissed the reckless driving charge and Dropped the DUI.
Result: The State dropped the DUI.
Sep 8, 2015 Case: 2015-CT-500643 Judge HAYWARD
Facts: The defendant was involved in a one car crash whereby his vehicle struck a stop sign and ran into a chain link fence which caused extensive damage to the defendant's car. The officer who arrived, noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The officer wrote in his report the defendant was uneasy on his feet and almost lost his balance falling into the car. According to the officer, the defendant then failed the field sobriety tests on video and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that on tape, the defendant’s speech was not slurred and he was not off balance or unsteady like the officer made him out be in the reports. Also, the description of the field sobriety tests in the police reports making the defendant out to be highly intoxicated was contradicted by the video tape.
Result: The State dropped the DUI.
Sep 8, 2015 Case: 2015-CT-500643 Judge HAYWARD
Facts: The defendant was involved in a one car crash whereby his vehicle struck a stop sign and ran into a chain link fence which caused extensive damage to the defendant's car. The officer who arrived, noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The officer wrote in his report the defendant was uneasy on his feet and almost lost his balance falling into the car. According to the officer, the defendant then failed the field sobriety tests on video and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that on tape, the defendant’s speech was not slurred and he was not off balance or unsteady like the officer made him out be in the reports. Also, the description of the field sobriety tests in the police reports making the defendant out to be highly intoxicated was contradicted by the video tape.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.