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

Jul 2, 2014 Case: 1093-XEV Judge Ortiz
Facts: The defendant was the at fault driver in a rear-end crash while he was driving at a high rate of speed. When officers arrived, the defendant had an odor of alcohol on his breath, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn test, he stepped off the line numerous times, took an incorrect number of steps, and failed to touch heel to toe. On the estimation of time test, the defendant was asked to estimate 30 seconds in his own mind. He estimated 8 seconds for 30 seconds. On the finger to nose, he missed the tip of nose every time and kept his eyes open. On the one leg stand, he put his foot down four times, hopped, and used his arms for balance. He was then arrested for DUI and subsequently refused the breath test.
Defense: After over a year of negotiating with State, Parks & Braxton was able to negotiate with the prosecutor to drop the DUI before trial.
Result: The State dropped the DUI.
Jun 30, 2014 Case: 2014-CT-008260AXXX Judge Weiss
Facts: The defendant was found passed out in her car by police at a red light. Officers observed the defendant to have an odor of alcohol, blood-shot eyes, and balance issues. She refused to do any roadside tests on video tape and was arrested for DUI. After her arrest, she blew a .191 and .179 in the breath machine.
Defense: Parks & Braxton had pre-trial discussions with the State to get the DUI dropped prior to a trial.
Result: The State dropped the DUI.
Jun 30, 2014 Case: CT-7208-XEP Judge Greco
Facts: The defendant was stopped for spinning his tires and making a wide turn into the oncoming traffic lane. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having some drinks. According to the officer, he failed the video taped field sobriety exercises which consisted of the walk and turn, one leg stand, finger to nose, and count the numbers backward tests. He was then arrested for DUI. After his arrest, he blew a a .144 and .132 in the breath machine.
Defense: Parks & Braxton conducted negotiations with the State prosecutor prior to trial. We pointed out out that the defendant's performance on the video taped roadside tests contradicted his alleged breath alcohol level.
Result: The State dropped the DUI.
Jun 30, 2014 Case: 2014-CT-005888AXXX Judge Weiss
Facts: The defendant was stopped for driving with no head lights. The defendant had an odor of alcohol on her breath, glassy eyes, a flushed face, and admitted to consuming two glasses of wine. According to the officer, she did not perform up to standards on the video taped roadside tests. For example, on the one leg stand she put her foot down a few times and and used her arms for balance. On the walk and turn test, she stumbled on the turn, did not touch heel to toe, and used her arms for balance. She was then arrested for DUI. After her arrest, she blew a .086 and .083 in the breath machine.
Defense: Parks & Braxton spoke with the prosecutor ahead of any trial dates in order to attempt to negotiate them dropping the DUI.
Result: The State dropped the DUI.
Jun 30, 2014 Case: 2014-CT-008260AXXX Judge Weiss
Facts: The defendant was found passed out in her car by police at a red light. Officers observed the defendant to have an odor of alcohol, blood-shot eyes, and balance issues. She refused to do any roadside tests on video tape and was arrested for DUI. After her arrest, she blew a .191 and .179 in the breath machine.
Defense: Parks & Braxton had pre-trial discussions with the State to get the DUI dropped prior to a trial.
Result: The State dropped the DUI.
Jun 30, 2014 Case: CT-7208-XEP Judge Greco
Facts: The defendant was stopped for spinning his tires and making a wide turn into the oncoming traffic lane. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having some drinks. According to the officer, he failed the video taped field sobriety exercises which consisted of the walk and turn, one leg stand, finger to nose, and count the numbers backward tests. He was then arrested for DUI. After his arrest, he blew a a .144 and .132 in the breath machine.
Defense: Parks & Braxton conducted negotiations with the State prosecutor prior to trial. We pointed out out that the defendant's performance on the video taped roadside tests contradicted his alleged breath alcohol level.
Result: The State dropped the DUI.
Jun 30, 2014 Case: 2014-CT-005888AXXX Judge Weiss
Facts: The defendant was stopped for driving with no head lights. The defendant had an odor of alcohol on her breath, glassy eyes, a flushed face, and admitted to consuming two glasses of wine. According to the officer, she did not perform up to standards on the video taped roadside tests. For example, on the one leg stand she put her foot down a few times and and used her arms for balance. On the walk and turn test, she stumbled on the turn, did not touch heel to toe, and used her arms for balance. She was then arrested for DUI. After her arrest, she blew a .086 and .083 in the breath machine.
Defense: Parks & Braxton spoke with the prosecutor ahead of any trial dates in order to attempt to negotiate them dropping the DUI.
Result: The State dropped the DUI.
Jun 26, 2014 Case: 2013-CM-020146 Judge Jeske
Facts: The defendant was found passed out in the driver's seat of his car at a red light with the engine running. Several other cars were honking their horns. When the police arrived, they got the defendant out of the car on video tape and placed him in hand cuffs. Once he was eventually uncuffed, the police observed the defendant to have an odor of alcohol on this breath, red eyes, and slow movements. He also had trouble keeping his balance. He was then moved to a different location to perform field sobriety tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. During a search of the defendant's vehicle after the arrest, the police found some marijuana and paraphernalia.
Defense: Prior to a trial, Parks & Braxton had discussions with the State about the video tape and all the various police reports written by the different officers on the scene. We pointed out that not only was each police report contradictory in nature about the facts, but the video was also contradicted by what had been written. The State Dropped the DUI and the defendant also received No convictions on his record for any drug charges.
Result: The State dropped the DUI.
Jun 26, 2014 Case: 2013-CM-020146 Judge Jeske
Facts: The defendant was found passed out in the driver's seat of his car at a red light with the engine running. Several other cars were honking their horns. When the police arrived, they got the defendant out of the car on video tape and placed him in hand cuffs. Once he was eventually uncuffed, the police observed the defendant to have an odor of alcohol on this breath, red eyes, and slow movements. He also had trouble keeping his balance. He was then moved to a different location to perform field sobriety tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. During a search of the defendant's vehicle after the arrest, the police found some marijuana and paraphernalia.
Defense: Prior to a trial, Parks & Braxton had discussions with the State about the video tape and all the various police reports written by the different officers on the scene. We pointed out that not only was each police report contradictory in nature about the facts, but the video was also contradicted by what had been written. The State Dropped the DUI and the defendant also received No convictions on his record for any drug charges.
Result: The State dropped the DUI.
Jun 16, 2014 Case: 2014-CT-009036AXXX Judge Weiss
Facts: The defendant was found passed out in the driver's seat in his car at an intersection. Officers, upon awaking the defendant, noticed an odor of alcohol and red eyes. The defendant stated he had been drinking earlier at a golf event. He failed the roadside tests which were video taped and then was arrested for DUI. After his arrest, he blew a .114 and .109 in the breath machine.
Defense: Parks & Braxton had discussions with the State prior to trial to get the DUI dropped.
Result: The State dropped the DUI.
Jun 16, 2014 Case: 2014-CT-009036AXXX Judge Weiss
Facts: The defendant was found passed out in the driver's seat in his car at an intersection. Officers, upon awaking the defendant, noticed an odor of alcohol and red eyes. The defendant stated he had been drinking earlier at a golf event. He failed the roadside tests which were video taped and then was arrested for DUI. After his arrest, he blew a .114 and .109 in the breath machine.
Defense: Parks & Braxton had discussions with the State prior to trial to get the DUI dropped.
Result: The State dropped the DUI.
Jun 12, 2014 Case: 14-CT-500140 Judge Gagliardi
Facts: An anonymous caller called 911 stating that the defendant was driving all over the road and almost hitting cars. The officer spotted he defendant's car and noticed her take a wide / slow turn and over correct to get back on the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had blood-shot eyes and appeared sleepy. The defendant admitted to having four glasses of wine. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .180 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Jun 12, 2014 Case: 14-CT-500140 Judge Gagliardi
Facts: An anonymous caller called 911 stating that the defendant was driving all over the road and almost hitting cars. The officer spotted he defendant's car and noticed her take a wide / slow turn and over correct to get back on the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had blood-shot eyes and appeared sleepy. The defendant admitted to having four glasses of wine. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .180 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State prior to trial.
Result: The State dropped the DUI.
May 30, 2014 Case: 2014-CT-015857AXXX Judge Hanser
Facts: The defendant crashed his car into a giant palm tree. He took a turn too fast which resulted in the the defendant losing control of the car. When the officer arrived, he noticed the defendant bleeding from his head, complaining of leg pain, and fire rescue had to extract him from the car. The officer observed slurred speech and the defendant could not complete a coherent sentence. The defendant was transported to the hospital. The officer, believing that the defendant may be impaired by alcohol and/or a chemical or controlled substance, ordered a blood draw from the defendant while the he had a breathing tube in his mouth and was sedated. The blood was sent to the toxicology lab and resulted in a blood alcohol level of .129 and .129.
Defense: Parks & Braxton filed a pretrial motion to suppress the blood results. In our motion, we alleged that the officer did not have the requisite probable cause to order a blood draw. We argued in our motion that the officer did not have any "reasonable cause" to believe that the defendant was under the influence of alcohol, and/or a chemical or controlled substance as required by Florida law. Prior to the motion ever being argued, the State Dropped the DUI.
Result: The State dropped the DUI.
May 30, 2014 Case: 2014-CT-015857AXXX Judge Hanser
Facts: The defendant crashed his car into a giant palm tree. He took a turn too fast which resulted in the the defendant losing control of the car. When the officer arrived, he noticed the defendant bleeding from his head, complaining of leg pain, and fire rescue had to extract him from the car. The officer observed slurred speech and the defendant could not complete a coherent sentence. The defendant was transported to the hospital. The officer, believing that the defendant may be impaired by alcohol and/or a chemical or controlled substance, ordered a blood draw from the defendant while the he had a breathing tube in his mouth and was sedated. The blood was sent to the toxicology lab and resulted in a blood alcohol level of .129 and .129.
Defense: Parks & Braxton filed a pretrial motion to suppress the blood results. In our motion, we alleged that the officer did not have the requisite probable cause to order a blood draw. We argued in our motion that the officer did not have any "reasonable cause" to believe that the defendant was under the influence of alcohol, and/or a chemical or controlled substance as required by Florida law. Prior to the motion ever being argued, the State Dropped the DUI.
Result: The State dropped the DUI.
May 19, 2014 Case: 13-006127MM10A Judge Lerner-Wren
Facts: The defendant was stopped by the police after weaving several times and causing a taxi to brake in order to avoid a collision. The officer noticed an odor of alcohol, blood-shot eyes, and a flushed face. Once outside the car, the defendant was swaying. The defendant stated he was coming from the Blue Martini and could not remember how much he had to drink. According to the officer, he failed the roadside tests. For example, on the walk and turn test, the defendant took an incorrect number of steps, did not touch heel to toe, and was confused prior to turning back down the line. On the finger to nose, he missed the tip of his nose with his finger and did not keep his head back as instructed. He was then arrested for DUI. After the defendant was arrested, he refused the breath test. However, the defendant was later taken to the hospital and submitted to a blood test. The blood tested positive at a .18 blood alcohol level.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was a lack of probable cause to make the arrest. Prior to the motion, the State dropped the DUI.
Result: The State dropped the DUI.
May 19, 2014 Case: 13-006127MM10A Judge Lerner-Wren
Facts: The defendant was stopped by the police after weaving several times and causing a taxi to brake in order to avoid a collision. The officer noticed an odor of alcohol, blood-shot eyes, and a flushed face. Once outside the car, the defendant was swaying. The defendant stated he was coming from the Blue Martini and could not remember how much he had to drink. According to the officer, he failed the roadside tests. For example, on the walk and turn test, the defendant took an incorrect number of steps, did not touch heel to toe, and was confused prior to turning back down the line. On the finger to nose, he missed the tip of his nose with his finger and did not keep his head back as instructed. He was then arrested for DUI. After the defendant was arrested, he refused the breath test. However, the defendant was later taken to the hospital and submitted to a blood test. The blood tested positive at a .18 blood alcohol level.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was a lack of probable cause to make the arrest. Prior to the motion, the State dropped the DUI.
Result: The State dropped the DUI.
May 15, 2014 Case: 12-004534MM10A Judge Diaz
Facts: The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI.
Defense: Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI.
Result: The State dropped the DUI.
May 15, 2014 Case: 12-004534MM10A Judge Diaz
Facts: The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI.
Defense: Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI.
Result: The State dropped the DUI.
May 13, 2014 Case: 7151-XEM Judge Altfield
Facts: The defendant was stopped for driving to closely behind another car at a high rate of speed. The officer observed the defendant to have an odor of alcohol and watery/blood-shot eyes. A DUI enforcement officer was called to the scene and made similar observations as to that of the officer who made the traffic stop. According to the officer, he exhibited several signs of intoxication on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .206 and .209 in the breath machine.
Defense: Parks & Braxton conducted pre-trial negotiations with the State to have the DUI Dropped.
Result: The State dropped the DUI.

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