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

Nov 4, 2014 Case: 13-022525MM10A Judge Pole
Facts: The defendant was initially seen driving in a heavily populated pedestrian neighborhood. An off duty police officer observed the defendant run a red light and almost make contact with several individuals crossing the street. Upon stopping the defendant, the officer made observations consistent with intoxication and called for a DUI task force officer. The DUI officer smelled an odor of an alcoholic beverage and noticed a flushed face with watery eyes. The officer asked the defendant if she takes any medication or drugs and the defendant explained that she takes anti-anxiety medication. The defendant refused to perform any field sobriety tests after being explained the adverse consequences of refusing. She was then arrested for DUI.
Defense: Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial, the State Dropped the DUI.
Result: Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial , the State Dropped the DUI.
Nov 4, 2014 Case: 13-022525MM10A Judge Pole
Facts: The defendant was initially seen driving in a heavily populated pedestrian neighborhood. An off duty police officer observed the defendant run a red light and almost make contact with several individuals crossing the street. Upon stopping the defendant, the officer made observations consistent with intoxication and called for a DUI task force officer. The DUI officer smelled an odor of an alcoholic beverage and noticed a flushed face with watery eyes. The officer asked the defendant if she takes any medication or drugs and the defendant explained that she takes anti-anxiety medication. The defendant refused to perform any field sobriety tests after being explained the adverse consequences of refusing. She was then arrested for DUI.
Defense: Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial, the State Dropped the DUI.
Result: Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial , 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.
Oct 30, 2014 Case: 2014-CT-017324AMB Judge Shepherd
Facts: The defendant crashed her car into a ditch after crossing lanes of traffic and hitting a chain link fence. The car ended up upside down. A civilian witness saw the accident and identified the defendant as the driver. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She was then taken to the hospital because of her injuries. At the hospital, she consented to a blood draw to test her for alcohol. The results of the her blood test were a .178, over two times the legal limit. She was subsequently charged with DUI.
Defense: Parks & Braxton had several discussions with the prosecutor to get the DUI dropped.
Result: The State dropped the DUI.
Oct 30, 2014 Case: 2014-MM-004062-A Judge Woodard
Facts: The defendant was found by the police after he crashed into a control box at the gate of a subdivision. A few people had called 911 to alert the police to the crash. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and balance issues. The defendant was immediately read his Miranda rights and he stated he did not want to make any statements without an attorney. He then refused to perform any field sobriety tests. The defendant was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State a couple of weeks before the trial date. We pointed out that on video tape, after his arrest and at the station, the defendant's speech was normal, he was responsive and coherent, and was not swaying. This was contradicted by the written observations by the police at the scene.
Result: The State dropped the DUI.
Oct 30, 2014 Case: 2014-MM-004062-A Judge Woodard
Facts: The defendant was found by the police after he crashed into a control box at the gate of a subdivision. A few people had called 911 to alert the police to the crash. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and balance issues. The defendant was immediately read his Miranda rights and he stated he did not want to make any statements without an attorney. He then refused to perform any field sobriety tests. The defendant was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State a couple of weeks before the trial date. We pointed out that on video tape, after his arrest and at the station, the defendant's speech was normal, he was responsive and coherent, and was not swaying. This was contradicted by the written observations by the police at the scene.
Result: The State dropped the DUI.
Oct 30, 2014 Case: 2014-CT-017324AMB Judge Shepherd
Facts: The defendant crashed her car into a ditch after crossing lanes of traffic and hitting a chain link fence. The car ended up upside down. A civilian witness saw the accident and identified the defendant as the driver. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She was then taken to the hospital because of her injuries. At the hospital, she consented to a blood draw to test her for alcohol. The results of the her blood test were a .178, over two times the legal limit. She was subsequently charged with DUI.
Defense: Parks & Braxton had several discussions with the prosecutor to get the DUI dropped.
Result: The State dropped the DUI.
Oct 28, 2014 Case: CTC14-8147XBCANC Judge Pierce
Facts: The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol on his breath, bloodshot eyes, and fair balance. The defendant admitted to drinking a few beers and a shot of whiskey. He refused to perform the roadside 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 pre-trial negotiations with the prosecutor pointing out that the defendant's "normal faculties" were not impaired on the video tape.
Result: The State dropped the DUI.
Oct 28, 2014 Case: CTC14-8147XBCANC Judge Pierce
Facts: The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol on his breath, bloodshot eyes, and fair balance. The defendant admitted to drinking a few beers and a shot of whiskey. He refused to perform the roadside 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 pre-trial negotiations with the prosecutor pointing out that the defendant's "normal faculties" were not impaired on the video tape.
Result: The State dropped the DUI.
Oct 22, 2014 Case: 14-CT-066145 Judge Greco
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. After the officer conducted the HGN (eye test) on the defendant, she refused to perform any further roadside tasks. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's second DUI arrest.
Defense: Parks & Braxton pointed out to the State, that on video tape, the defendant's "normal faculties" were not impaired as required by Florida law.
Result: The State dropped the DUI.
Oct 22, 2014 Case: 14-CT-066145 Judge Greco
Facts: The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. After the officer conducted the HGN (eye test) on the defendant, she refused to perform any further roadside tasks. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's second DUI arrest.
Defense: Parks & Braxton pointed out to the State, that on video tape, the defendant's "normal faculties" were not impaired as required by Florida law.
Result: The State dropped the DUI.
Oct 20, 2014 Case: 13-010986MM10A Judge Solomon
Facts: An officer observed the defendant to be passed out in his car in the middle of an intersection. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to drinking three beers. When the defendant was asked for his drivers license, he passed over it three times. A DUI unit was then called to the scene. That officer made similar observations. He was then placed on video tape to perform the field sobriety tasks. For example, on the walk and turn test, he lost his balance during the instructions, stepped off the line, and missed heel to toe. On the finger to nose test, he did not keep his eyes closed, did not use the tip of his finger, and failed to remove his hand from his nose. The defendant was then arrested for DUI. After his arrest, he blew a .161 and .152 in the breath machine
Defense: Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that on video tape, the defendant was "coerced" into performing the tests by the officer. The Judge agreed, granted the motion, and excluded the roadside tests from evidence. The State then Dropped the DUI as they were now missing a crucial piece of evidence.
Result: The State dropped the DUI.
Oct 20, 2014 Case: 13-010986MM10A Judge Solomon
Facts: An officer observed the defendant to be passed out in his car in the middle of an intersection. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to drinking three beers. When the defendant was asked for his drivers license, he passed over it three times. A DUI unit was then called to the scene. That officer made similar observations. He was then placed on video tape to perform the field sobriety tasks. For example, on the walk and turn test, he lost his balance during the instructions, stepped off the line, and missed heel to toe. On the finger to nose test, he did not keep his eyes closed, did not use the tip of his finger, and failed to remove his hand from his nose. The defendant was then arrested for DUI. After his arrest, he blew a .161 and .152 in the breath machine
Defense: Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that on video tape, the defendant was "coerced" into performing the tests by the officer. The Judge agreed, granted the motion, and excluded the roadside tests from evidence. The State then Dropped the DUI as they were now missing a crucial piece of evidence.
Result: The State dropped the DUI.
Oct 17, 2014 Case: 2014-CT-006105AXXX Judge Hanser
Facts: Police dispatch received a call about a truck that had hit a barrier wall on the highway and lost a tire. The officer spotted the truck and saw the defendant driving on a blown out tire. The officer conducted a traffic stop and noticed the defendant to have an odor of alcohol, mumbled speech, and a flushed face. The defendant admitted to drinking some wine. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had several discussions with the State prior to setting a trial date.
Result: The State dropped the DUI.
Oct 17, 2014 Case: 2014-CT-013054AXXX Judge Damico
Facts: The defendant was involved in a one car crash in which he hit a utility pole. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. The defendant appeared unstable and off balance. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, the officer found a little bottle of rum in the defendant's pant's pocket. Later at the station, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Oct 17, 2014 Case: 2014-CT-006105AXXX Judge Hanser
Facts: Police dispatch received a call about a truck that had hit a barrier wall on the highway and lost a tire. The officer spotted the truck and saw the defendant driving on a blown out tire. The officer conducted a traffic stop and noticed the defendant to have an odor of alcohol, mumbled speech, and a flushed face. The defendant admitted to drinking some wine. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had several discussions with the State prior to setting a trial date.
Result: The State dropped the DUI.
Oct 17, 2014 Case: 2014-CT-013054AXXX Judge Damico
Facts: The defendant was involved in a one car crash in which he hit a utility pole. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. The defendant appeared unstable and off balance. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, the officer found a little bottle of rum in the defendant's pant's pocket. Later at the station, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Oct 16, 2014 Case: 2014-CT-066615 Judge Conrad
Facts: The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. That officer then called for a DUI unit to come to the scene. The DUI officer made similar observations in addition to observing the defendant swaying and leaning leaning against his car. The defendant refused to perform the roadside tasks on video tape and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the observations alleged in the reports were contradicted by the video tape. Also, we pointed out to the State that on the DUI unit's video tape, that officer mentioned that the officer who made the traffic stop had an operational camera which would have captured all the initial contact, observations, and the defendant's driving. However, that video tape was never uploaded, copied, or created.
Result: The State dropped the DUI.
Oct 16, 2014 Case: 8294-XEU Judge Denaro
Facts: The defendant was kicked out of a bar for being intoxicated. An officer was called to the scene and observed the defendant swaying as he walked and then attempting to get on his motorcycle. The defendant then mounted his motorcycle and attempted to start the engine. The officer approached the defendant and ordered him to get off the bike. The officer then observed an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, he failed the 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 the officer had no reasonable suspicion of a crime based on the limited facts and observations known to the officer before ordering the defendant off his bike. After negotiations prior to trial the State Dropped the DUI .
Result: The State dropped the DUI.
Oct 16, 2014 Case: 8294-XEU Judge Denaro
Facts: The defendant was kicked out of a bar for being intoxicated. An officer was called to the scene and observed the defendant swaying as he walked and then attempting to get on his motorcycle. The defendant then mounted his motorcycle and attempted to start the engine. The officer approached the defendant and ordered him to get off the bike. The officer then observed an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, he failed the 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 the officer had no reasonable suspicion of a crime based on the limited facts and observations known to the officer before ordering the defendant off his bike. After negotiations prior to trial the State Dropped the DUI .
Result: The State dropped the DUI.

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