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

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 8, 2014 Case: 2014-CT-016153AXXX Judge Johnson
Facts: The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. The defendant admitted to having two beers. According to the officer, she failed the field sobriety tests which were not video taped and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial discussions with the State.
Result: The state dropped the DUI.
Oct 8, 2014 Case: 2014-CT-016153AXXX Judge Johnson
Facts: The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. The defendant admitted to having two beers. According to the officer, she failed the field sobriety tests which were not video taped and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial discussions with the State.
Result: The state dropped the DUI.
Sep 30, 2014 Case: 2014-CT-307448 Judge Davidson
Facts: The defendant was involved in a one car crash. She backed her car into a chain in a boat docking area. The crash shattered the entire back window. When the officer arrived, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and she swayed while standing. According to the officer's report, the defendant could barely keep her balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Officers found several beer bottles in the defendant's car in a search incident to arrest.
Defense: Parks & Braxton had pre-trial discussions with the State prior to trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-MM-017577 Judge Koenig
Facts: The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, a flushed face, and glassy/watery eyes. He swayed and stumbled as he talked to the officer. The defendant stated he had drank a couple of beers. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton conducted pre-trial negotiations with the prosecutor before setting the case for trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-CT-307448 Judge Davidson
Facts: The defendant was involved in a one car crash. She backed her car into a chain in a boat docking area. The crash shattered the entire back window. When the officer arrived, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and she swayed while standing. According to the officer's report, the defendant could barely keep her balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Officers found several beer bottles in the defendant's car in a search incident to arrest.
Defense: Parks & Braxton had pre-trial discussions with the State prior to trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-MM-017577 Judge Koenig
Facts: The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, a flushed face, and glassy/watery eyes. He swayed and stumbled as he talked to the officer. The defendant stated he had drank a couple of beers. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton conducted pre-trial negotiations with the prosecutor before setting the case for trial.
Result: The State dropped the DUI.
Sep 23, 2014 Case: 12-014922MM10A Judge Gonzalez-Levine
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, lethargic movements, and bloodshot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he lost his balance during the instructions, missed heel to toe, and stepped off the line. On the one leg stand test, the defendant swayed, put his foot down a few times, and raised his arms for balance. After his arrest, he refused the breath test on video tape. The officer did not have an in car video camera to capture the investigation at the scene.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer since there was no video tape evidence at the scene. In his deposition, the officer contradicted himself and could not provide numerous specific details relating to the investigation prior to the defendant's arrest. The firm then announced ready for jury trial. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 23, 2014 Case: 12-014922MM10A Judge Gonzalez-Levine
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, lethargic movements, and bloodshot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he lost his balance during the instructions, missed heel to toe, and stepped off the line. On the one leg stand test, the defendant swayed, put his foot down a few times, and raised his arms for balance. After his arrest, he refused the breath test on video tape. The officer did not have an in car video camera to capture the investigation at the scene.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer since there was no video tape evidence at the scene. In his deposition, the officer contradicted himself and could not provide numerous specific details relating to the investigation prior to the defendant's arrest. The firm then announced ready for jury trial. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 19, 2014 Case: 2014-CT-007003AXXX Judge Hanser
Facts: The defendant crashed his car into some bushes while driving at a high rate of speed. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. He admitted to drinking 4-5 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 had several discussions with the prosecutor handling the case prior to trial.
Result: The State dropped the DUI.
Sep 19, 2014 Case: 2014-CT-007003AXXX Judge Hanser
Facts: The defendant crashed his car into some bushes while driving at a high rate of speed. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. He admitted to drinking 4-5 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 had several discussions with the prosecutor handling the case prior to trial.
Result: The State dropped the DUI.
Sep 17, 2014 Case: 9704-XEQ Judge Altfield
Facts: The defendant rear ended a car while the vehicle was stopped at a red light. The crash was so hard that it caused that car to roll over and then hit another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and he appeared sleepy. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The State initially charged the defendant in circuit court with Felony DUI causing serious bodily injury to another person.
Defense: Parks & Braxton had discussions with the State about the weaknesses of the DUI case. We pointed out that no specific injuries were set out in any reports with any amount of detail. Also, the firm pointed out to the State that officer wrote a very short and vague report relating to the entire DUI investigation. After those talks, the State then sent the Felony DUI case from circuit court down to the county court. The defense then announced ready for trial. On the the day of jury trial, the State Dropped the DUI out right.
Result: The State dropped the DUI.
Sep 17, 2014 Case: 9704-XEQ Judge Altfield
Facts: The defendant rear ended a car while the vehicle was stopped at a red light. The crash was so hard that it caused that car to roll over and then hit another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and he appeared sleepy. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The State initially charged the defendant in circuit court with Felony DUI causing serious bodily injury to another person.
Defense: Parks & Braxton had discussions with the State about the weaknesses of the DUI case. We pointed out that no specific injuries were set out in any reports with any amount of detail. Also, the firm pointed out to the State that officer wrote a very short and vague report relating to the entire DUI investigation. After those talks, the State then sent the Felony DUI case from circuit court down to the county court. The defense then announced ready for trial. On the the day of jury trial, the State Dropped the DUI out right.
Result: The State dropped the DUI.
Sep 16, 2014 Case: 14-CT-500194 Judge Hayward
Facts: The defendant was stopped for swerving several times. The defendant had an odor of alcohol on his breath, watery eyes, and seemed disoriented. While standing outside his car, he swayed. According to the officer, he failed the video taped roadside tasks and was arrested for DUI . After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State just prior to the trial call.
Result: The State dropped the DUI.
Sep 16, 2014 Case: 14-CT-500194 Judge Hayward
Facts: The defendant was stopped for swerving several times. The defendant had an odor of alcohol on his breath, watery eyes, and seemed disoriented. While standing outside his car, he swayed. According to the officer, he failed the video taped roadside tasks and was arrested for DUI . After his arrest, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State just prior to the trial call.
Result: The State dropped the DUI.
Sep 15, 2014 Case: 13-CT-504324 Judge Mann
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have mumbled speech, poor dexterity, and he was very unsteady outside the car. Although the officer could not smell any alcohol coming from the defendant, he suspected that the defendant was under the influence of a chemical and/or controlled substance. The defendant then performed the field sobriety tasks. According to the officer, he failed them and was arrested for DUI. The officer, in a search incident to arrest, found prescription pill bottles which were controlled substances in the defendant's car. Back at the station, the officers requested the defendant to submit to Drug Recognition Exam which he refused. They then requested that the defendant provide a urine sample to which the defendant complied. The toxicology report indicated that the defendant tested positive for two controlled substances. The State charged the defendant with driving under the influence of controlled substances to the extent his normal faculties were impaired.
Defense: Parks & Braxton filed pretrial motions to exclude evidence and limit certain aspects of the officer's testimony. After several discussions with the State, they dropped the DUI.
Result: The State dropped the DUI.
Sep 15, 2014 Case: 13-CT-504324 Judge Mann
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have mumbled speech, poor dexterity, and he was very unsteady outside the car. Although the officer could not smell any alcohol coming from the defendant, he suspected that the defendant was under the influence of a chemical and/or controlled substance. The defendant then performed the field sobriety tasks. According to the officer, he failed them and was arrested for DUI. The officer, in a search incident to arrest, found prescription pill bottles which were controlled substances in the defendant's car. Back at the station, the officers requested the defendant to submit to Drug Recognition Exam which he refused. They then requested that the defendant provide a urine sample to which the defendant complied. The toxicology report indicated that the defendant tested positive for two controlled substances. The State charged the defendant with driving under the influence of controlled substances to the extent his normal faculties were impaired.
Defense: Parks & Braxton filed pretrial motions to exclude evidence and limit certain aspects of the officer's testimony. After several discussions with the State, they dropped the DUI.
Result: The State dropped the DUI.
Sep 8, 2014 Case: 9981-XDY Judge Seraphin
Facts: The defendant was stopped for cutting off another car. The officer observed the defendant to have an odor of alcohol, thick tongued and mumbled speech, and poor dexterity. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .158 and .161 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the Prosecutor's office to get the DUI dropped.
Result: The State dropped the DUI.
Sep 8, 2014 Case: 9981-XDY Judge Seraphin
Facts: The defendant was stopped for cutting off another car. The officer observed the defendant to have an odor of alcohol, thick tongued and mumbled speech, and poor dexterity. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .158 and .161 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the Prosecutor's office to get the DUI dropped.
Result: The State dropped the DUI.
Aug 22, 2014 Case: 13-002614MM10A Judge Pole
Facts: While driving into a taco bell drive thru, the defendant drove completely over the curb. Upon speaking, a member of the staff noticed mumbled and slurred speech. After completing his order and believing that he was impaired, the restaurant staff contacted the police. While driving home and moments after leaving taco bell, the defendant was involved in an accident. The defendant exited the car and walked towards his home. Upon arriving at the accident scene, the police observed the defendant's drivers license sitting on the front seat. After confirming his address, the officers approached the defendant's home. After hearing screaming in the back of the house, the officers ran towards him and grabbed the defendant off of his porch. After making several observations consistent with impairment, the officers called the employee from taco bell to confirm that this was the same person. After a positive identification, the officers arrested the defendant for leaving the scene of an accident as well as DUI. He subsequently failed field sobriety tests and refused a breath test.
Defense: Parks & Braxton filed a motion to suppress based on a warrantless arrest. Despite the taco bell employee's claim, the officers were not entitled to enter the defendant's private residence without a warrant. In deposition, the officer admitted that he entered an enclosed portion of the defendant's house. In addition, he agreed that he grabbed the defendant despite the fact that there were no exigent circumstances allowing him to do so. The State conceded the motion to suppress and dropped all charges.
Result: The State dropped the DUI.

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