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

Dec 1, 2014 Case: 14-CT-080009 Judge Lefler
Facts: The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitting to drinking Heineken beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .127 and .133 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State. We pointed out to the State that the defendant's roadside task performance on the video tape contradicted the breath test results.
Result: The State dropped the DUI.
Nov 26, 2014 Case: 2014-CT-022565 Judge Overton
Facts: The defendant was stopped by the police and given a citation for careless driving. According to the officer's report, he allegedly almost struck another car while negotiating an improper turn. This alleged driving pattern was captured on video tape. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed two vodka drinks. The defendant was ask to perform the roadside tests and he complied. On video tape, the defendant exhibited several clues of intoxication. He was then arrested for DUI. After his arrest, he blew a .136 and .138 in the breath machine.
Defense: Parks & Braxton filed a pre-pretrial motion to suppress all of the evidence based on unlawful traffic stop by the officer. In our motion, we alleged, that on video tape, one could clearly see that the defendant never cut anyone off. In fact, the defendant was stuck in a no left turn lane and had no choice but to actually let traffic pass in order to move over into the appropriate right lane of travel. The Judge watched the video and listened to the arguments of the attorneys. He then Granted the motion and threw out all of the evidence in the case.
Result: The DUI was dismissed.
Nov 26, 2014 Case: 2014-CT-022565 Judge Overton
Facts: The defendant was stopped by the police and given a citation for careless driving. According to the officer's report, he allegedly almost struck another car while negotiating an improper turn. This alleged driving pattern was captured on video tape. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed two vodka drinks. The defendant was ask to perform the roadside tests and he complied. On video tape, the defendant exhibited several clues of intoxication. He was then arrested for DUI. After his arrest, he blew a .136 and .138 in the breath machine.
Defense: Parks & Braxton filed a pre-pretrial motion to suppress all of the evidence based on unlawful traffic stop by the officer. In our motion, we alleged, that on video tape, one could clearly see that the defendant never cut anyone off. In fact, the defendant was stuck in a no left turn lane and had no choice but to actually let traffic pass in order to move over into the appropriate right lane of travel. The Judge watched the video and listened to the arguments of the attorneys. He then Granted the motion and threw out all of the evidence in the case.
Result: The DUI was dismissed.
Nov 21, 2014 Case: 13-000709MM10A Judge Brown
Facts: The defendant's vehicle was originally seen by an officer sitting in the middle of the roadway at a flashing yellow light. The officer drove by the intersection and saw the same car parked in the middle of the roadway. The officer approached the car and noticed an individual sleeping inside. After banging on the window for approximately a minute the defendant woke up. The officer asked several questions and stated that the defendant was lethargic and slow to respond. Additionally, he stated that he observed bloodshot eyes. He subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived minutes later and observed slurred speech, an odor of alcohol, bloodshot eyes and extreme unsteadiness as he stood up. After performing the HGN (eye test), the defendant refused to perform any additional tests. The defendant was subsequently arrested for DUI. This was the defendant's second DUI arrest within a few months.
Defense: Parks & Braxton filed a motion based on a lack of reasonable suspicion to detain the defendant for the purpose of conducting a DUI investigation. During the motion, the defense impeached the credibility of the officer. Before the Judge issued her ruling, the State dropped the DUI.
Result: The State dropped the DUI.
Nov 21, 2014 Case: 13-000709MM10A Judge Brown
Facts: The defendant's vehicle was originally seen by an officer sitting in the middle of the roadway at a flashing yellow light. The officer drove by the intersection and saw the same car parked in the middle of the roadway. The officer approached the car and noticed an individual sleeping inside. After banging on the window for approximately a minute the defendant woke up. The officer asked several questions and stated that the defendant was lethargic and slow to respond. Additionally, he stated that he observed bloodshot eyes. He subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived minutes later and observed slurred speech, an odor of alcohol, bloodshot eyes and extreme unsteadiness as he stood up. After performing the HGN (eye test), the defendant refused to perform any additional tests. The defendant was subsequently arrested for DUI. This was the defendant's second DUI arrest within a few months.
Defense: Parks & Braxton filed a motion based on a lack of reasonable suspicion to detain the defendant for the purpose of conducting a DUI investigation. During the motion, the defense impeached the credibility of the officer. Before the Judge issued her ruling, the State dropped the DUI.
Result: The State dropped the DUI.
Nov 20, 2014 Case: 12-019040MM10A Judge Gottleib
Facts: The defendant was stopped for excessive speed. As the officer approached the vehicle he smelled a strong odor of alcohol. Upon reaching for his license and registration, the defendant appeared dazed and had slow reactions. The officer next observed bloodshot eyes. The defendant admitted to consuming alcohol at the American Legion. The defendant performed the HGN (eye test), rhomberg balance test as well as the finger to nose. He was asked to perform the walk and turn as well as one leg stand but the defendant stated he was overweight and could not perform them. Upon arrest the officers discovered marijuana as well as a pipe in the vehicle.
Defense: First, Parks & Braxton filed a motion to dismiss the charging document because it alleged that the defendant was under the influence of both marijuana and alcohol. The marijuana was fresh and as a result, there was no evidence that he was under the influence of it. Next, the defense presented a video that contradicted many of the officer's observations.
Result: The State dropped the DUI.
Nov 20, 2014 Case: 12-019040MM10A Judge Gottleib
Facts: The defendant was stopped for excessive speed. As the officer approached the vehicle he smelled a strong odor of alcohol. Upon reaching for his license and registration, the defendant appeared dazed and had slow reactions. The officer next observed bloodshot eyes. The defendant admitted to consuming alcohol at the American Legion. The defendant performed the HGN (eye test), rhomberg balance test as well as the finger to nose. He was asked to perform the walk and turn as well as one leg stand but the defendant stated he was overweight and could not perform them. Upon arrest the officers discovered marijuana as well as a pipe in the vehicle.
Defense: First, Parks & Braxton filed a motion to dismiss the charging document because it alleged that the defendant was under the influence of both marijuana and alcohol. The marijuana was fresh and as a result, there was no evidence that he was under the influence of it. Next, the defense presented a video that contradicted many of the officer's observations.
Result: The State dropped the DUI.
Nov 19, 2014 Case: 2014-CT-019263AXXX Judge Johnson
Facts: The defendant was stopped for speeding and weaving. Once stopped by the police, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. Once out of the car, the defendant was off balance. On the video tape, the defendant showed several clues of impairment on the field sobriety tests. For example, on the walk and turn test, the defendant stepped off the line several times and raised his arms for balance. On the one leg stand, he put his foot down numerous times and counted improperly. He was then arrested for DUI. After his arrest, he blew a .134 and .129 in the breath machine.
Defense: Parks & Braxton spoke to the State on several occasions to try to get the DUI dropped prior to a trial.
Result: The State dropped the DUI.
Nov 19, 2014 Case: 2014-CT-019263AXXX Judge Johnson
Facts: The defendant was stopped for speeding and weaving. Once stopped by the police, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. Once out of the car, the defendant was off balance. On the video tape, the defendant showed several clues of impairment on the field sobriety tests. For example, on the walk and turn test, the defendant stepped off the line several times and raised his arms for balance. On the one leg stand, he put his foot down numerous times and counted improperly. He was then arrested for DUI. After his arrest, he blew a .134 and .129 in the breath machine.
Defense: Parks & Braxton spoke to the State on several occasions to try to get the DUI dropped prior to a trial.
Result: The State dropped the DUI.
Nov 18, 2014 Case: 12-010483MM10A (JURY TRIAL) Judge Brown
Facts: The defendant was involved in a collision on the highway. Upon arrival, the trooper observed that the defendant was unsteady while exiting the vehicle as well as while standing. Upon face to face contact, he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was cooperative and agreed to perform field sobriety tests. In his report, the Trooper indicated that the defendant failed all three roadside sobriety exercises. The defendant was arrested and subsequently provided a breath sample of .094.
Defense: After taking the arresting officer's deposition, Parks & Braxton announced ready for trial. During trial the State presented expert testimony to support their position that the defendant was above the legal limit while driving. The expert witness attempted to use a formula called retrograde extrapolation. On cross examination, Parks & Braxton presented the expert with a transcript from 2011 whereby she disagreed with the formula and the concept of retrograde extrapolation. Specifically, Parks & Braxton presented in front of the jury, prior testimony where the State's expert referred to the formula as "bad science". In addition, a Trooper took the stand. He attempted to talk about a bottle of alcohol that was supposedly found in the car but never written down in any report. The Trooper admitted in front of the jury that he changed his story several times. After two days of trial the State dropped the DUI.
Result: The State dropped the DUI
Nov 18, 2014 Case: A0Z0NP6 Judge Altfield
Facts: The defendant was found passed out in his car in a turning lane by police. Officers observed the defendant to have an odor of alcohol, watery eyes, and the defendant appeared very sleepy. According to the arresting officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he blew a .133 and .129 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State.
Result: The State dropped the DUI.
Nov 18, 2014 Case: 12-010483MM10A (JURY TRIAL) Judge Brown
Facts: The defendant was involved in a collision on the highway. Upon arrival, the trooper observed that the defendant was unsteady while exiting the vehicle as well as while standing. Upon face to face contact, he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was cooperative and agreed to perform field sobriety tests. In his report, the Trooper indicated that the defendant failed all three roadside sobriety exercises. The defendant was arrested and subsequently provided a breath sample of .094.
Defense: After taking the arresting officer's deposition, Parks & Braxton announced ready for trial. During trial the State presented expert testimony to support their position that the defendant was above the legal limit while driving. The expert witness attempted to use a formula called retrograde extrapolation. On cross examination, Parks & Braxton presented the expert with a transcript from 2011 whereby she disagreed with the formula and the concept of retrograde extrapolation. Specifically, Parks & Braxton presented in front of the jury, prior testimony where the State's expert referred to the formula as "bad science". In addition, a Trooper took the stand. He attempted to talk about a bottle of alcohol that was supposedly found in the car but never written down in any report. The Trooper admitted in front of the jury that he changed his story several times. After two days of trial the State dropped the DUI.
Result: The State dropped the DUI
Nov 18, 2014 Case: A0Z0NP6 Judge Altfield
Facts: The defendant was found passed out in his car in a turning lane by police. Officers observed the defendant to have an odor of alcohol, watery eyes, and the defendant appeared very sleepy. According to the arresting officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he blew a .133 and .129 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State.
Result: The State dropped the DUI.
Nov 12, 2014 Case: 2014-CT-021603-AXXX-XX Judge Baker
Facts: The defendant drove up along the side the officer's patrol car in his truck as that officer was conducting a traffic stop on his friend. The defendant was inquiring as to what was happening. When the officer went up to the defendant's truck, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had 2 beers, then 4 beers, then 5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State, that on video, none of the defendant's "normal faculties" were impaired as required by Florida law.
Result: The State dropped the DUI.
Nov 12, 2014 Case: 14-CT-098783 Judge Conrad
Facts: The defendant was found passed out in his car underneath an overpass. When the officers awoke the defendant, they smelled an odor of alcohol, observed watery eyes, his fingers were fumbling around, and was sweating. According to the officer, he failed the roadside tests. For example, on the one leg stand, he put his foot down several times and swayed. The defendant was arrested for DUI and then blew a.109 and .109 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton had pre-trial talks with the State. We pointed out that the defendant defendant had no "capability" of operating the car while he was sleeping. Therefore, he was not in "actual physical" control.
Result: The State dropped the DUI.
Nov 12, 2014 Case: 14-CT-098783 Judge Conrad
Facts: The defendant was found passed out in his car underneath an overpass. When the officers awoke the defendant, they smelled an odor of alcohol, observed watery eyes, his fingers were fumbling around, and was sweating. According to the officer, he failed the roadside tests. For example, on the one leg stand, he put his foot down several times and swayed. The defendant was arrested for DUI and then blew a.109 and .109 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton had pre-trial talks with the State. We pointed out that the defendant defendant had no "capability" of operating the car while he was sleeping. Therefore, he was not in "actual physical" control.
Result: The State dropped the DUI.
Nov 12, 2014 Case: 2014-CT-021603-AXXX-XX Judge Baker
Facts: The defendant drove up along the side the officer's patrol car in his truck as that officer was conducting a traffic stop on his friend. The defendant was inquiring as to what was happening. When the officer went up to the defendant's truck, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had 2 beers, then 4 beers, then 5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State, that on video, none of the defendant's "normal faculties" were impaired as required by Florida law.
Result: The State dropped the DUI.
Nov 10, 2014 Case: 2014-CT-020192AXXX Judge Weiss
Facts: The defendant was stopped after he was seen by police driving on the rims of his tires with four flat tires. Officers noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he drank two beers. According to the officer, the defendant showed several signs of intoxication on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Nov 10, 2014 Case: 2014-CT-020192AXXX Judge Weiss
Facts: The defendant was stopped after he was seen by police driving on the rims of his tires with four flat tires. Officers noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he drank two beers. According to the officer, the defendant showed several signs of intoxication on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Nov 4, 2014 Case: 14-CT-113454 Judge Conrad
Facts: The defendant was stopped for making an unlawful turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and the defendant seemed confused. The defendant appeared to be lethargic and sleepy. The officer asked the defendant to perform roadside tests and he refused. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton had pre-trial discussions with the State prior to trial.
Result: The State dropped the DUI.

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