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

Feb 5, 2015 Case: 2014-CT-122587 Judge Jeske
Facts: The police were called to investigate the defendant based on the fact he was causing a disturbance and was intoxicated. When officers arrived, they spotted the defendant's car and followed him. They noticed him weaving and driving on the grass median. Once stopped, the officer noticed the defendant to have an odor of alcohol, watery eyes, and he swayed while standing outside the car. According to the officer, he failed the 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 police reports were very vaguely written. Also, the officer's camera was not working at the scene so no tests were video taped.
Result: The State dropped the DUI.
Feb 5, 2015 Case: 2014-CT-139226 Judge Jeske
Facts: The defendant was stopped for weaving and his rear brake light was inoperable. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, the defendant was trying to conceal the odor of alcohol by wearing extra cologne and using breath mints. After performing the field sobriety tests on video tape, the defendant was arrested for DUI.
Defense: Parks & Braxton had negotiations with the State just prior to trial.
Result: The State dropped the DUI.
Feb 5, 2015 Case: 2014-CT-047130 Judge Jeske
Facts: The defendant was stopped after he was involved in a hit and run accident. He allegedly sideswiped another car. The officer observed the defendant to have an odor of alcohol and slurred speech. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had pretrial discussions with the State prior to trial.
Result: The State dropped the DUI.
Feb 4, 2015 Case: 2014-CT-02023-A-K Judge Fowler
Facts: The defendant drove up to an officer on his motorcycle in a parking lot to ask if the officer could spare some gasoline. The officer noticed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and an "abnormal gait." According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .082 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the prosecutor a couple weeks before the trial date. We pointed out that the video tape contradicted the officer's reports. Also, we pointed out that with the margin of error on breath testing, the defendant's .082 result could have been below the legal limit.
Result: The State dropped the DUI.
Feb 4, 2015 Case: 2014-CT-02023-A-K Judge Fowler
Facts: The defendant drove up to an officer on his motorcycle in a parking lot to ask if the officer could spare some gasoline. The officer noticed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and an "abnormal gait." According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .082 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the prosecutor a couple weeks before the trial date. We pointed out that the video tape contradicted the officer's reports. Also, we pointed out that with the margin of error on breath testing, the defendant's .082 result could have been below the legal limit.
Result: The State dropped the DUI.
Feb 2, 2015 Case: 2014-MM-007920A Judge Schott
Facts: The defendant was found by the police passed out in his car in a bar / shopping center parking lot. A 911 caller alerted police to his car by stating he had been passed out for about three hours. When officers arrived, they awoke the defendant. The officer smelled an odor of alcohol, noticed slurred speech and bloodshot eyes. The defendant stated he had a couple of beers a few hours ago. According to the officer, he failed the video taped roadside tests and was arrested for DUI. He refused the breath test after his arrest. This was the defendant's third DUI arrest.
Defense: Parks & Braxton announced ready for trial. We pointed out to the State that the defendant's field sobriety test performance on video contradicted the officer's written reports. Also, we pointed out that a person who is sleeping in a car cannot be in "actual physical control" as they have no "capability" of operating the vehicle while sleeping. On the day of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 2, 2015 Case: 2014-MM-007920A Judge Schott
Facts: The defendant was found by the police passed out in his car in a bar / shopping center parking lot. A 911 caller alerted police to his car by stating he had been passed out for about three hours. When officers arrived, they awoke the defendant. The officer smelled an odor of alcohol, noticed slurred speech and bloodshot eyes. The defendant stated he had a couple of beers a few hours ago. According to the officer, he failed the video taped roadside tests and was arrested for DUI. He refused the breath test after his arrest. This was the defendant's third DUI arrest.
Defense: Parks & Braxton announced ready for trial. We pointed out to the State that the defendant's field sobriety test performance on video contradicted the officer's written reports. Also, we pointed out that a person who is sleeping in a car cannot be in "actual physical control" as they have no "capability" of operating the vehicle while sleeping. On the day of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 30, 2015 Case: 2014-CT-001246-E Judge Wilson
Facts: The defendant was allegedly involved in a side swipe crash. When the police arrived, they noticed the defendant to have an odor of alcohol, red eyes, and slurred speech. He swayed as he stood outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 and .157 in the breath machine.
Defense: Parks & Braxton pointed out to the State prior to trial that there were three people in the defendant's car at the time of the crash. We talked with the State and also pointed out that the alleged victim in the crash could not properly identify the defendant as the driver based on statements and her description. Thus, the State could not place the defendant in actual physical control as the driver at the time of the crash.
Result: The State dropped the DUI.
Jan 30, 2015 Case: 2014-CT-001246-E Judge Wilson
Facts: The defendant was allegedly involved in a side swipe crash. When the police arrived, they noticed the defendant to have an odor of alcohol, red eyes, and slurred speech. He swayed as he stood outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 and .157 in the breath machine.
Defense: Parks & Braxton pointed out to the State prior to trial that there were three people in the defendant's car at the time of the crash. We talked with the State and also pointed out that the alleged victim in the crash could not properly identify the defendant as the driver based on statements and her description. Thus, the State could not place the defendant in actual physical control as the driver at the time of the crash.
Result: The State dropped the DUI.
Jan 27, 2015 Case: 13-023560MM10A Judge Pole
Facts: The defendant was originally observed by a civilian witness crashing into a posted "no u-turn" sign. The witness subsequently contacted the police. When the deputy located the defendant he noticed the defendant 's tires spinning despite being in a stopped position. The officer approached the vehicle and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. In addition, the defendant's movements were extremely lethargic throughout the investigation. Upon exiting the car, the defendant was seen stumbling while walking and swaying while standing. The defendant refused all testing and was arrested for DUI. This was the defendant's third DUI.
Defense: The original civilian failed to provide their personal information. Therefore, the law considers that person to be at the low end of the reliability scale as far as the information they provide. In order to prove a lawful stop the officer needed to be able to corroborate some type of driving infraction. Spinning tires is not enough to lawfully stop a vehicle. Despite the fact that this was the defendant's 3rd offense for DUI, after taking testimony from the officers, the State could not proceed.
Result: The State dropped the DUI.
Jan 27, 2015 Case: 13-020017MM10A Judge Solomon
Facts: The defendant was involved in a crash. She hit a barrier wall and also smashed into a another car. The officers observed the defendant to have an odor of alcohol, mush mouthed speech, and watery eyes. The police observed her to sway, appear unsteady, and also have a blank stare. The defendant admitted to consuming 3 beers and 3 shots. According to the officers, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .109 and .107 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.
Jan 27, 2015 Case: 13-023560MM10A Judge Pole
Facts: The defendant was originally observed by a civilian witness crashing into a posted "no u-turn" sign. The witness subsequently contacted the police. When the deputy located the defendant he noticed the defendant 's tires spinning despite being in a stopped position. The officer approached the vehicle and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. In addition, the defendant's movements were extremely lethargic throughout the investigation. Upon exiting the car, the defendant was seen stumbling while walking and swaying while standing. The defendant refused all testing and was arrested for DUI. This was the defendant's third DUI.
Defense: The original civilian failed to provide their personal information. Therefore, the law considers that person to be at the low end of the reliability scale as far as the information they provide. In order to prove a lawful stop the officer needed to be able to corroborate some type of driving infraction. Spinning tires is not enough to lawfully stop a vehicle. Despite the fact that this was the defendant's 3rd offense for DUI, after taking testimony from the officers, the State could not proceed.
Result: The State dropped the DUI.
Jan 27, 2015 Case: 13-020017MM10A Judge Solomon
Facts: The defendant was involved in a crash. She hit a barrier wall and also smashed into a another car. The officers observed the defendant to have an odor of alcohol, mush mouthed speech, and watery eyes. The police observed her to sway, appear unsteady, and also have a blank stare. The defendant admitted to consuming 3 beers and 3 shots. According to the officers, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .109 and .107 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.
Jan 26, 2015 Case: 7939-XEM Judge Hague
Facts: The defendant rear ended another car. The officers observed the defendant to have an odor of alcohol, slurred speech and bloodshot eyes. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .153 and .152 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle.
Result: The DUI was dismissed.
Jan 26, 2015 Case: 7939-XEM Judge Hague
Facts: The defendant rear ended another car. The officers observed the defendant to have an odor of alcohol, slurred speech and bloodshot eyes. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .153 and .152 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle.
Result: The DUI was dismissed.
Jan 20, 2015 Case: 2014-CT-026549AXXX Judge Weiss
Facts: The defendant was found passed out behind the wheel of his car by the police. The car was running and the transmission was in drive. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank some "Kahlua" earlier in the day and had no answer for the officer as to why he was asleep in the roadway. According to the officer, he failed the roadside tests and was arrested for DUI. The officer believed the defendant was actually impaired by a controlled substance and not alcohol after concluding his investigation.
Defense: Parks & Braxton pointed out to the State that there was no evidence of what "specific" controlled substance the officer believed was impairing the defendant as required by Florida Statutes.
Result: The DUI was dismissed.
Jan 20, 2015 Case: 2014-CT-026549AXXX Judge Weiss
Facts: The defendant was found passed out behind the wheel of his car by the police. The car was running and the transmission was in drive. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank some "Kahlua" earlier in the day and had no answer for the officer as to why he was asleep in the roadway. According to the officer, he failed the roadside tests and was arrested for DUI. The officer believed the defendant was actually impaired by a controlled substance and not alcohol after concluding his investigation.
Defense: Parks & Braxton pointed out to the State that there was no evidence of what "specific" controlled substance the officer believed was impairing the defendant as required by Florida Statutes.
Result: The DUI was dismissed.
Jan 8, 2015 Case: 14-CT-121830 Judge Jeske
Facts: The defendant was stopped for speeding, cutting across lanes of traffic, and following other cars too close causing them to brake. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was unsteady on his feet and was making unusual statements. After performing the HGN (eye test), he refused to perform any other tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton had pretrial negotiations with the State a couple of weeks prior to the trial date.
Result: The State dropped the DUI.
Jan 8, 2015 Case: 2014-CT-011400-O Judge Miller
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had drank, he responded by saying "not much." He then told the officer he had one drink. The defendant refused to perform the field sobriety tests even after being advised of the adverse consequences. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton had immediate pretrial discussions with the prosecutor within weeks after the defendant's arrest. At the first pretrial court hearing, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2015 Case: 2014-CT-024198AXXX-XX Judge Koons
Facts: The defendant was found by the police after his car went into a ditch. The defendant stated he had a coughing attack which caused him to drive off the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and was unsteady on his feet. The officer also observed the defendant to be clumsy, unsure, fumbling around, a pale face, and disarranged clothing. The defendant was read his Miranda rights and stated he wanted an attorney. According to the officer, he refused to perform the roadside tests and was was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second dui arrest. The entire event at the scene was captured on video tape.
Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence based on a lack of probable cause to make the arrest. In our motion. we alleged numerous factors pointing out inconsistencies between the officer's reports versus the video tape. For example, on video the defendant was never asked to perform roadside test even though it was written in the police report. Also, the defendant's speech was normal, his face was actually red, not pale, and his clothes were not disarranged. The defendant was also never off balance or unsteady and was responsive and coherent. Prior to the motion being heard, the State Dropped the DUI.
Result: The State dropped the DUI.

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