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

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.
Apr 24, 2015 Case: 2014-CT-022764AXXX Judge Weiss
Facts: The defendant was involved in a rear end crash in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. She was observed staggering and swaying upon exiting the car. The defendant failed the roadsides tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial talks with the prosecutor for a few months to convince them to drop the DUI. We pointed out to them that the roadside report was very vague and there were hardly any details of the defendant's performance on the field sobriety tests. Also, we showed them pictures that there was no damage to the other car as it was just a slight bump at a traffic light.
Result: The State dropped the DUI.
Apr 24, 2015 Case: 2014-CT-022764AXXX Judge Weiss
Facts: The defendant was involved in a rear end crash in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. She was observed staggering and swaying upon exiting the car. The defendant failed the roadsides tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial talks with the prosecutor for a few months to convince them to drop the DUI. We pointed out to them that the roadside report was very vague and there were hardly any details of the defendant's performance on the field sobriety tests. Also, we showed them pictures that there was no damage to the other car as it was just a slight bump at a traffic light.
Result: The State dropped the DUI.
Apr 23, 2015 Case: 2014-CT-505243 Judge Gagliardi
Facts: The defendant was stopped for swerving all over the road and almost hitting another car. Upon stopping the defendant, the officer noticed the defendant to have rapid speech, poor coordination, and difficulty focusing in on answering basic questions. She had no odor of alcohol. The defendant stated she takes numerous prescribed controlled substances for anxiety, depression, and ADHD among other medical conditions. The defendant performed field sobriety tests, and according to the officer, she failed them and was arrested for DUI (chemical and/or controlled substance). Back at the station, a DRE (drug recognition expert) was called in to conduct a further investigation. One the evaluation was concluded, that officer with specialized training, concluded the defendant was impaired by a CNS depressant, a CNS stimulant, and a narcotic analgesic. A urine sample was then provided to the police by the defendant. The toxicology lab determined via testing that there were amphetamines, also known as CNS stimulants, in her system.
Defense: Parks & Braxton had numerous talks with the State pretrial. We pointed out that the DRE was wrong in that he concluded she was impaired by a CNS depressant and narcotic analgesic and none were found in her system. Also, the field sobriety tests he conducted back at the station contradicted her performance at the scene. There was no video tape. His conclusions contradicted the urine results. Also, we showed the State a letter from her Dr. who prescribes all her medications. He was with her just hours before the arrest and he observed no signs of impairment. The State Dropped the DUI and she received no criminal conviction at all.
Result: The State dropped the DUI.
Apr 23, 2015 Case: 2014-CT-505243 Judge Gagliardi
Facts: The defendant was stopped for swerving all over the road and almost hitting another car. Upon stopping the defendant, the officer noticed the defendant to have rapid speech, poor coordination, and difficulty focusing in on answering basic questions. She had no odor of alcohol. The defendant stated she takes numerous prescribed controlled substances for anxiety, depression, and ADHD among other medical conditions. The defendant performed field sobriety tests, and according to the officer, she failed them and was arrested for DUI (chemical and/or controlled substance). Back at the station, a DRE (drug recognition expert) was called in to conduct a further investigation. One the evaluation was concluded, that officer with specialized training, concluded the defendant was impaired by a CNS depressant, a CNS stimulant, and a narcotic analgesic. A urine sample was then provided to the police by the defendant. The toxicology lab determined via testing that there were amphetamines, also known as CNS stimulants, in her system.
Defense: Parks & Braxton had numerous talks with the State pretrial. We pointed out that the DRE was wrong in that he concluded she was impaired by a CNS depressant and narcotic analgesic and none were found in her system. Also, the field sobriety tests he conducted back at the station contradicted her performance at the scene. There was no video tape. His conclusions contradicted the urine results. Also, we showed the State a letter from her Dr. who prescribes all her medications. He was with her just hours before the arrest and he observed no signs of impairment. The State Dropped the DUI and she received no criminal conviction at all.
Result: The State dropped the DUI.
Apr 20, 2015 Case: 2015-CT-000273-E Judge Clark
Facts: The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed the defendant to have an odor of alcohol and her movements were slow and lethargic. Her eyes were red and her pupils were dilated. The defendant stated she had been drinking beers. She was asked to perform the roadside tasks to which she refused. 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 , we pointed out to the State that none of the alleged driving pattern was on video tape. Once the officer stopped the defendant, she then turned on the camera. During half of the video tape, the officer, for some unknown reason, took the defendant away from the camera so the defendant's actions could not be seen. Also, we pointed out that some of the defendant's normal faculties were not impaired on video tape.
Result: The State dropped the DUI.
Apr 20, 2015 Case: 2015-CT-000273-E Judge Clark
Facts: The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed the defendant to have an odor of alcohol and her movements were slow and lethargic. Her eyes were red and her pupils were dilated. The defendant stated she had been drinking beers. She was asked to perform the roadside tasks to which she refused. 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 , we pointed out to the State that none of the alleged driving pattern was on video tape. Once the officer stopped the defendant, she then turned on the camera. During half of the video tape, the officer, for some unknown reason, took the defendant away from the camera so the defendant's actions could not be seen. Also, we pointed out that some of the defendant's normal faculties were not impaired on video tape.
Result: The State dropped the DUI.
Apr 14, 2015 Case: 2014-CT-008989AXXX Judge Cunningham
Facts: The defendant was stopped by the police for having his tail lamps out. Upon stopping the defendant, the officer noticed an odor of alcohol coming from the "interior of the car" and a beer bottle in the back passenger floorboard. The officer had his police lights on and told the defendant to "stay put" as he went back to his patrol car. Upon entering his patrol car, he began typing out traffic citations for no tail lamps and for the defendant not carrying his registration. He had also called for a DUI unit. The defendant sat in his car for an extended period of time waiting for the DUI unit to arrive even after the citations had already been typed. When the DUI unit arrived on scene, he went up to the defendant's car and observed an odor of alcohol from the defendant himself, bloodshot eyes, and slurred speech. The defendant then performed the field sobriety tests on video tape. According the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Third DUI.
Defense: Parks & Braxton took pretrial sworn deposition testimony of the officer who stopped the defendant. After taking the deposition, the firm filed a pretrial motion to suppress all of the evidence. In our motion, we alleged that there was no "reasonable suspicion" of a crime justifying the initial detention of the defendant at the scene longer than it was necessary to write the civil traffic citations, while awaiting arrival of a DUI unit some time later. The Judge was presented case law by the defense, heard argument, and then Granted the motion thereby excluding all the State's evidence against the defendant.
Result: The DUI was dismissed.
Apr 14, 2015 Case: 2014-CT-008989AXXX Judge Cunningham
Facts: The defendant was stopped by the police for having his tail lamps out. Upon stopping the defendant, the officer noticed an odor of alcohol coming from the "interior of the car" and a beer bottle in the back passenger floorboard. The officer had his police lights on and told the defendant to "stay put" as he went back to his patrol car. Upon entering his patrol car, he began typing out traffic citations for no tail lamps and for the defendant not carrying his registration. He had also called for a DUI unit. The defendant sat in his car for an extended period of time waiting for the DUI unit to arrive even after the citations had already been typed. When the DUI unit arrived on scene, he went up to the defendant's car and observed an odor of alcohol from the defendant himself, bloodshot eyes, and slurred speech. The defendant then performed the field sobriety tests on video tape. According the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Third DUI.
Defense: Parks & Braxton took pretrial sworn deposition testimony of the officer who stopped the defendant. After taking the deposition, the firm filed a pretrial motion to suppress all of the evidence. In our motion, we alleged that there was no "reasonable suspicion" of a crime justifying the initial detention of the defendant at the scene longer than it was necessary to write the civil traffic citations, while awaiting arrival of a DUI unit some time later. The Judge was presented case law by the defense, heard argument, and then Granted the motion thereby excluding all the State's evidence against the defendant.
Result: The DUI was dismissed.
Apr 10, 2015 Case: 2012-CT-001647-O Judge Wilson
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed once outside the car. According to the officer he failed the roadside tests and was arrested for DUI. While at the station, the officer came to the conclusion that the defendant was impaired by a controlled substance after having found amphetamines salts in the car. A drug recognition expert officer was called to conduct a further investigation. That officer concluded the defendant was impaired by a CNS stimulant (ie. amphetamines). The officer then requested a urine test. The defendant complied and later tested positive amphetamines.
Defense: Parks & Braxton had lengthy discussion with the State prior to trial.
Result: The State dropped the DUI.
Apr 10, 2015 Case: 15-CT-500050 Judge Adams
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and he swayed back and forth while outside the car. The defendant then performed the field sobriety tests on video tape. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .113 and .115 in the breath machine.
Defense: Parks & Braxton pointed out to the State in pretrial negotiations that the video contradicted the breath test results. We discussed with the State how the defendant's performance on the video was contradicted by the written police reports and that his breath alcohol level could have been lower at the time of driving.
Result: The State dropped the DUI.
Apr 10, 2015 Case: 2012-CT-001647-O Judge Wilson
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed once outside the car. According to the officer he failed the roadside tests and was arrested for DUI. While at the station, the officer came to the conclusion that the defendant was impaired by a controlled substance after having found amphetamines salts in the car. A drug recognition expert officer was called to conduct a further investigation. That officer concluded the defendant was impaired by a CNS stimulant (ie. amphetamines). The officer then requested a urine test. The defendant complied and later tested positive amphetamines.
Defense: Parks & Braxton had lengthy discussion with the State prior to trial.
Result: The State dropped the DUI.
Apr 10, 2015 Case: 15-CT-500050 Judge Adams
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and he swayed back and forth while outside the car. The defendant then performed the field sobriety tests on video tape. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .113 and .115 in the breath machine.
Defense: Parks & Braxton pointed out to the State in pretrial negotiations that the video contradicted the breath test results. We discussed with the State how the defendant's performance on the video was contradicted by the written police reports and that his breath alcohol level could have been lower at the time of driving.
Result: The State dropped the DUI.
Mar 31, 2015 Case: 2014-317967 MMDB Judge Davidson
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, mumbled speech, and he admitted to drinking beers. He was also observed to be unsteady on his feet. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a.100 and .092.
Defense: Parks & Braxton had discussions with the prosecutor about dropping the DUI prior to trial.
Result: The State dropped the DUI.
Mar 31, 2015 Case: 2014-317967 MMDB Judge Davidson
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, mumbled speech, and he admitted to drinking beers. He was also observed to be unsteady on his feet. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a.100 and .092.
Defense: Parks & Braxton had discussions with the prosecutor about dropping the DUI prior to trial.
Result: The State dropped the DUI.
Mar 26, 2015 Case: 2014-CF-002722AX Judge Economou
Facts: The defendant was found by the police passed out in his car as it was parked in front of a convenience store. The defendant was slumped over the wheel, the engine was on, and the a/c was running. The officers finally awoke the defendant and noticed him to have an odor of alcohol, slurred speech, and there was a pool of vomit right outside his car. The defendant refused to perform any roadside tests and was arrested for DUI. While in the back seat of the patrol car, the defendant was cursing the entire car ride to the jail. At one point, he allegedly spit at the officer though the cage and that led to him being charged with an additional crime of Felony Battery on a Law Enforcement Officer.
Defense: Parks & Braxton had discussions with the prosecutor just prior to the taking of pretrial depositions on the case. After our talk, the State agreed to Drop the DUI and also Drop the Felony Battery on a Law Enforcement Officer down to a misdemeanor. On both charges. the defendant received NO criminal convictions on his record.
Result: The State dropped the DUI.
Mar 26, 2015 Case: 2014-CF-002722AX Judge Economou
Facts: The defendant was found by the police passed out in his car as it was parked in front of a convenience store. The defendant was slumped over the wheel, the engine was on, and the a/c was running. The officers finally awoke the defendant and noticed him to have an odor of alcohol, slurred speech, and there was a pool of vomit right outside his car. The defendant refused to perform any roadside tests and was arrested for DUI. While in the back seat of the patrol car, the defendant was cursing the entire car ride to the jail. At one point, he allegedly spit at the officer though the cage and that led to him being charged with an additional crime of Felony Battery on a Law Enforcement Officer.
Defense: Parks & Braxton had discussions with the prosecutor just prior to the taking of pretrial depositions on the case. After our talk, the State agreed to Drop the DUI and also Drop the Felony Battery on a Law Enforcement Officer down to a misdemeanor. On both charges. the defendant received NO criminal convictions on his record.
Result: The State dropped the DUI.
Mar 24, 2015 Case: 2014-CT-504094 Judge Paluck
Facts: The defendant was stopped for driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, incomprehensible speech, and glassy eyes. The defendant had to use the car for balance and also swayed while outside of the vehicle. According to the officer, the defendant appeared heavily intoxicated. He did not perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant had told the police on scene he had bypass surgery and also was diabetic. EMS was called to check the defendant. We discussed with the State that any impairment observed could have been due from the defendant's diabetes and his past bypass surgery.
Result: The State dropped the DUI.
Mar 24, 2015 Case: 2014-CT-504094 Judge Paluck
Facts: The defendant was stopped for driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, incomprehensible speech, and glassy eyes. The defendant had to use the car for balance and also swayed while outside of the vehicle. According to the officer, the defendant appeared heavily intoxicated. He did not perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant had told the police on scene he had bypass surgery and also was diabetic. EMS was called to check the defendant. We discussed with the State that any impairment observed could have been due from the defendant's diabetes and his past bypass surgery.
Result: The State dropped the DUI.
Mar 23, 2015 Case: 4209-XEX Judge Seraphin
Facts: The defendant was stopped for speeding and striking a curb two times. The officer noticed an odor of alcohol, slow speech, and red eyes. The defendant admitted to drinking three gin and tonics. He then performed the field sobriety exercises whereby the defendant displayed several signs of impairment. He was then arrested for DUI. After his arrest, he blew a .203 and .200 in the breath machine.
Defense: Parks & Braxton had pre-trial talks with the State.
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.