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

Jun 9, 2015 Case: 2015 302031 MMDB Judge Schumann
Facts: The defendant was involved in a crash whereby he hit a parked car in a parking lot and was doing a "burn out." The officer who arrived, noticed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to consuming 6 or 7 beers earlier in the evening. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, the defendant blew a .112 and .117 in the breath machine.
Defense: Parks & Braxton had numerous pretrial discussions with the State from the beginning of the case and then a couple of weeks before the trial date to try to get them to drop the DUI.
Result: The State dropped the DUI.
Jun 4, 2015 Case: 2015-CT-003939-O Judge Bell
Facts: The defendant was stopped for weaving all over the road and speeding. The officer observed an odor of alcohol, flushed face, and watery eyes. The defendant admitted to drinking three beers. According to the officer, he failed all the roadside tests which were not video taped. The defendant was arrested for DUI. Later, the defendant tested positive for alcohol on the breath machine, however the officer noticed a blue coating on the defendant's tongue and then suspected drug use.
Defense: Parks & Braxton pointed out to the State early on after the defendant's arrest that the defendant did not make any statements about taking any chemical or controlled substances. Thus, the State could not prove by which specific drug was alleged impairing the defendant as the officer concluded based on some blue coating.
Result: The DUI was dismissed.
Jun 4, 2015 Case: 2015-CT-003939-O Judge Bell
Facts: The defendant was stopped for weaving all over the road and speeding. The officer observed an odor of alcohol, flushed face, and watery eyes. The defendant admitted to drinking three beers. According to the officer, he failed all the roadside tests which were not video taped. The defendant was arrested for DUI. Later, the defendant tested positive for alcohol on the breath machine, however the officer noticed a blue coating on the defendant's tongue and then suspected drug use.
Defense: Parks & Braxton pointed out to the State early on after the defendant's arrest that the defendant did not make any statements about taking any chemical or controlled substances. Thus, the State could not prove by which specific drug was alleged impairing the defendant as the officer concluded based on some blue coating.
Result: The DUI was dismissed.
Jun 1, 2015 Case: 303382-X Judge Newman
Facts: The defendant was involved in a two car crash. Upon arrival, officers noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant was also screaming and flailing his arms. He admitted to consuming two beers and almost fell down two times as he lost his balance. According to the officers, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton made several requests for discovery items from the State, including various police reports. After the third time requesting them, the State dismissed the DUI due to the police not turning over the documents to them. Thus, they could not turn them over to the defense.
Result: The DUI was dismissed.
Jun 1, 2015 Case: 303382-X Judge Newman
Facts: The defendant was involved in a two car crash. Upon arrival, officers noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant was also screaming and flailing his arms. He admitted to consuming two beers and almost fell down two times as he lost his balance. According to the officers, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton made several requests for discovery items from the State, including various police reports. After the third time requesting them, the State dismissed the DUI due to the police not turning over the documents to them. Thus, they could not turn them over to the defense.
Result: The DUI was dismissed.
May 14, 2015 Case: 05-2013-CT-065706 Judge Clarke
Facts: The defendant was stopped for weaving, failing to stop a red light, and driving under and over the speed limit. The officer noticed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. She also had a flushed face. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, the defendant stepped off the line, used her arms for balance, and did not touch heel to toe. On the one leg stand exercise, she hopped and swayed. The defendant was then arrested for DUI and she later refused the breath test.
Defense: Parks & Braxton pointed out to the State that the video tape clearly showed that the roadside tests were conducted off to the side of the road in a sloped ditch. The defendant even stated to the officer on tape that she did not believe the ground was level. However, the officer did not move her to the side where the ground was level and had her do them on uneven ground. Furthermore, the defendant's speech sounded normal on video. The firm announced ready for jury trial.
Result: The State dropped the DUI.
May 14, 2015 Case: 05-2013-CT-065706 Judge Clarke
Facts: The defendant was stopped for weaving, failing to stop a red light, and driving under and over the speed limit. The officer noticed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. She also had a flushed face. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, the defendant stepped off the line, used her arms for balance, and did not touch heel to toe. On the one leg stand exercise, she hopped and swayed. The defendant was then arrested for DUI and she later refused the breath test.
Defense: Parks & Braxton pointed out to the State that the video tape clearly showed that the roadside tests were conducted off to the side of the road in a sloped ditch. The defendant even stated to the officer on tape that she did not believe the ground was level. However, the officer did not move her to the side where the ground was level and had her do them on uneven ground. Furthermore, the defendant's speech sounded normal on video. The firm announced ready for jury trial.
Result: The State dropped the DUI.
May 11, 2015 Case: 2015-CT-000538-A-E Judge Allen
Facts: The defendant was stopped for driving without headlights. The officer noticed the defendant to have an odor of alcohol and glassy/bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were not video taped. For example, on the walk and turn test, the defendant used his arms for balance and stepped off the line. On the one leg stand, the defendant swayed and counted wrong. The defendant was asked if he was also taking any medications and the defendant stated "yes" but he did not specify which medications and when he took them. The officer concluded that the defendant was impaired not only by alcohol, but also a chemical and/or controlled substance based on the defendant's statements about taking medications.
Defense: Parks & Braxton had pretrial talks with the prosecutor. We pointed out that the State could not prove by which chemical and/or controlled substance was allegedly impairing the defendant based on his vague statements and the officer not obtaining specifics as to the medications. A few weeks prior to the trial date, the State dismissed the DUI.
Result: The DUI was dismissed.
May 11, 2015 Case: 2015-CT-000538-A-E Judge Allen
Facts: The defendant was stopped for driving without headlights. The officer noticed the defendant to have an odor of alcohol and glassy/bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were not video taped. For example, on the walk and turn test, the defendant used his arms for balance and stepped off the line. On the one leg stand, the defendant swayed and counted wrong. The defendant was asked if he was also taking any medications and the defendant stated "yes" but he did not specify which medications and when he took them. The officer concluded that the defendant was impaired not only by alcohol, but also a chemical and/or controlled substance based on the defendant's statements about taking medications.
Defense: Parks & Braxton had pretrial talks with the prosecutor. We pointed out that the State could not prove by which chemical and/or controlled substance was allegedly impairing the defendant based on his vague statements and the officer not obtaining specifics as to the medications. A few weeks prior to the trial date, the State dismissed the DUI.
Result: The DUI was dismissed.
May 5, 2015 Case: 2015-CT-500334 Judge Mann
Facts: The defendant was stopped for weaving in and out of lanes and making an improper right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she was repeating the same thing over and over. According to the officer, the defendant was unsteady and off balance outside her car. She failed the field sobriety tests and was arrested for DUI. There was no video tape used by the officer.
Defense: Parks & Braxton pointed out to the State that the alleged weaving was not described in any detail. Also, the officer hardly wrote any specifics about the defendant's alleged performance on the roadside tasks.
Result: The State dropped the DUI.
May 5, 2015 Case: 2014-CT-149893 Judge Lefler
Facts: The defendant was stopped for swerving and drifting. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She leaned against her car for balance and was swaying. Three empty vodka bottles were found in the defendant's back seat. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the officer wrote in his reports that an in car camera was used during the entire DUI investigation. However, upon investigation, it was determined that the video could not be retrieved off the department's computer server. No explanation was ever given by the police as to why the video was purged.
Result: The State dropped the DUI.
May 5, 2015 Case: 2015-CT-500334 Judge Mann
Facts: The defendant was stopped for weaving in and out of lanes and making an improper right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she was repeating the same thing over and over. According to the officer, the defendant was unsteady and off balance outside her car. She failed the field sobriety tests and was arrested for DUI. There was no video tape used by the officer.
Defense: Parks & Braxton pointed out to the State that the alleged weaving was not described in any detail. Also, the officer hardly wrote any specifics about the defendant's alleged performance on the roadside tasks.
Result: The State dropped the DUI.
May 5, 2015 Case: 2014-CT-149893 Judge Lefler
Facts: The defendant was stopped for swerving and drifting. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She leaned against her car for balance and was swaying. Three empty vodka bottles were found in the defendant's back seat. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the officer wrote in his reports that an in car camera was used during the entire DUI investigation. However, upon investigation, it was determined that the video could not be retrieved off the department's computer server. No explanation was ever given by the police as to why the video was purged.
Result: The State dropped the DUI.
May 4, 2015 Case: 2014-CT-145299 Judge Lefler
Facts: The police were called out as someone saw the defendant passed out in a bar parking lot. They gave a description of his car. When officers responded, the defendant was driving off. The officers followed and observed the defendant weaving all over the road. Upon stopping the defendant, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used his hands to balance himself on the car and swayed as he stood. He refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State, that on video, the defendant was not swaying as the officers had written and his speech was not slurred on tape. Also, the defendant was never advised of any adverse consequences for refusing the field sobriety tests as required by law.
Result: The State dropped the DUI.
May 4, 2015 Case: 2014-CT-145299 Judge Lefler
Facts: The police were called out as someone saw the defendant passed out in a bar parking lot. They gave a description of his car. When officers responded, the defendant was driving off. The officers followed and observed the defendant weaving all over the road. Upon stopping the defendant, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used his hands to balance himself on the car and swayed as he stood. He refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State, that on video, the defendant was not swaying as the officers had written and his speech was not slurred on tape. Also, the defendant was never advised of any adverse consequences for refusing the field sobriety tests as required by law.
Result: The State dropped the DUI.
Apr 30, 2015 Case: A0Z0OWP Judge Krieger-Martin
Facts: The defendant was found passed out in a drive thru by police. After finally awakening the defendant, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, sluggish movements, and slurred speech. The defendant admitted to consuming 4-5 beers. He failed all the roadside tests due to his level of intoxication. He was then arrested for DUI. After his arrest, he blew a .173 and .167 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Apr 30, 2015 Case: A0Z0OWP Judge Krieger-Martin
Facts: The defendant was found passed out in a drive thru by police. After finally awakening the defendant, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, sluggish movements, and slurred speech. The defendant admitted to consuming 4-5 beers. He failed all the roadside tests due to his level of intoxication. He was then arrested for DUI. After his arrest, he blew a .173 and .167 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Apr 29, 2015 Case: 2014-CT-025761AXXX Judge Bonavita
Facts: The defendant was found by the police passed out at an intersection. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, he was very confused, and stated he had drank three whiskey and cokes. The defendant was not making sense in his responses to questioning by the officer. The defendant was asked to perform field sobriety tests on videotape to which he complied. According to the officer, he showed signs of intoxication and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant's performance on the tests contradicted the beginning portion of the video tape as to his level of alleged impairment. The week before a jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 29, 2015 Case: 2014-CT-025761AXXX Judge Bonavita
Facts: The defendant was found by the police passed out at an intersection. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, he was very confused, and stated he had drank three whiskey and cokes. The defendant was not making sense in his responses to questioning by the officer. The defendant was asked to perform field sobriety tests on videotape to which he complied. According to the officer, he showed signs of intoxication and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant's performance on the tests contradicted the beginning portion of the video tape as to his level of alleged impairment. The week before a jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 28, 2015 Case: CTC14-5994XBCNC Judge Pierce
Facts: The defendant rear ended another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. While standing, she was unsteady and staggering according to the police reports. The officer asked her to perform the field sobriety tests and she refused. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State that on the videotape at the scene, the defendant's speech appeared normal versus what the officer wrote in his report. Also, she was not off balance or unsteady on tape. In addition, the officer never advised the defendant of any adverse consequences relating to her refusal to perform the roadside tests as required by case law.
Result: The State dropped the DUI.

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