Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

OUR RECENT VICTORIES

Feb 13, 2014 Case: 6713-XEQ Judge Hague
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and a flushed face. There were un-opened beer bottles found in the car and the defendant admitted to drinking beer and wine. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .151 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to a trial. We pointed out that the first breath card obtained from the defendant minutes prior to gathering the two results on the second card as stated above had a "fail" indication. It was unknown as to why that "fail" had printed out on the first breath test attempt.
Result: The State dropped the DUI.
Feb 10, 2014 Case: 1109-XEV Judge Wolfson
Facts: The defendant was stopped for speeding and weaving. Once stopped, the officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant stated he drank a half a beer. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, the firm also won a prior DUI that the defendant had been arrested for in a different county just over four years ago.
Defense: Parks & Braxton announced ready for a jury trial. On the morning of trial, we pointed out to the State that the arresting officer's reports were very vague and he did not write one specific detail about the defendant's performance on the field sobriety tests. On the morning of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 10, 2014 Case: 1109-XEV Judge Wolfson
Facts: The defendant was stopped for speeding and weaving. Once stopped, the officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant stated he drank a half a beer. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, the firm also won a prior DUI that the defendant had been arrested for in a different county just over four years ago.
Defense: Parks & Braxton announced ready for a jury trial. On the morning of trial, we pointed out to the State that the arresting officer's reports were very vague and he did not write one specific detail about the defendant's performance on the field sobriety tests. On the morning of jury trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 6, 2014 Case: 2013-CT-012432-O Judge Miller
Facts: The defendant came into contact with the police after they received a call that he allegedly hit a cement pole at a drive thru fast food restaurant. When the officer arrived, the defendant was in the driver's seat and the officer observed some bumper scrapes and paint transfer on his car. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and he admitted to having some whiskey and two beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .186 and .207 in the breath machine.
Defense: Parks & Braxton had pre-trial discussions with the State prior to any trial being set. There was some contradictory evidence as to whether in fact a crash had actually taken place per the written reports and citations.
Result: The State dropped the DUI.
Feb 6, 2014 Case: 2013-CT-012432-O Judge Miller
Facts: The defendant came into contact with the police after they received a call that he allegedly hit a cement pole at a drive thru fast food restaurant. When the officer arrived, the defendant was in the driver's seat and the officer observed some bumper scrapes and paint transfer on his car. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and he admitted to having some whiskey and two beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .186 and .207 in the breath machine.
Defense: Parks & Braxton had pre-trial discussions with the State prior to any trial being set. There was some contradictory evidence as to whether in fact a crash had actually taken place per the written reports and citations.
Result: The State dropped the DUI.
Feb 5, 2014 Case: CT-6712-XEP Judge Myers
Facts: The defendant was stopped for having an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he was unsteady on his feet. 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 the video tape at the scene contradicted the officer's written allegations about the defendant's level of impairment.
Result: The State dropped the DUI.
Feb 5, 2014 Case: CT-6712-XEP Judge Myers
Facts: The defendant was stopped for having an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he was unsteady on his feet. 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 the video tape at the scene contradicted the officer's written allegations about the defendant's level of impairment.
Result: The State dropped the DUI.
Jan 31, 2014 Case: 6222-XEQ Judge Ortiz
Facts: The defendant was stopped for driving down the wrong side of the road. The officer observed the defendant to have an odor of alcohol, a flushed face, and slurred speech. Beer was also found in the car. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .172 in the breath machine.
Defense: Parks & Braxton had numerous pre-trial discussions with the State prior to a trial.
Result: The State dropped the DUI.
Jan 31, 2014 Case: 6222-XEQ Judge Ortiz
Facts: The defendant was stopped for driving down the wrong side of the road. The officer observed the defendant to have an odor of alcohol, a flushed face, and slurred speech. Beer was also found in the car. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .172 in the breath machine.
Defense: Parks & Braxton had numerous pre-trial discussions with the State prior to a trial.
Result: The State dropped the DUI.
Jan 30, 2014 Case: 2013-CT-026639AXXX Judge Shepherd
Facts: The defendant was stopped for swerving all over the road and almost hitting parked cars. The officer noticed the defendant to have an odor of alcohol, slurred speech, and swaying. The defendant admitted to having four vodka drinks. She failed all the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .162 and .169 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to a trial.
Result: The State dropped the DUI.
Jan 30, 2014 Case: 13-CT-503730 Judge Hayward
Facts: The defendant was stopped for weaving and almost colliding with another car. The officer noticed an odor of alcohol, mumbled speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer's reports although none of them were video taped. He was arrested for DUI. After his arrest, he tested positive for alcohol in the breath machine. However, the officer concluded he was also impaired by a chemical and/or controlled substance so a Drug Recognition Exam was conducted on the defendant. That officer then concluded the defendant was impaired by alcohol and a CNS Depressant. The defendant then provided a urine sample to the police for testing at the lab.
Defense: Parks & Braxton requested that full discovery be provided by the State as required by Florida Law. The urine test results were not provided in a timely manner by the State to the defense.
Result: The State dropped the DUI.
Jan 30, 2014 Case: 13-CT-503730 Judge Hayward
Facts: The defendant was stopped for weaving and almost colliding with another car. The officer noticed an odor of alcohol, mumbled speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer's reports although none of them were video taped. He was arrested for DUI. After his arrest, he tested positive for alcohol in the breath machine. However, the officer concluded he was also impaired by a chemical and/or controlled substance so a Drug Recognition Exam was conducted on the defendant. That officer then concluded the defendant was impaired by alcohol and a CNS Depressant. The defendant then provided a urine sample to the police for testing at the lab.
Defense: Parks & Braxton requested that full discovery be provided by the State as required by Florida Law. The urine test results were not provided in a timely manner by the State to the defense.
Result: The State dropped the DUI.
Jan 30, 2014 Case: 2013-CT-026639AXXX Judge Shepherd
Facts: The defendant was stopped for swerving all over the road and almost hitting parked cars. The officer noticed the defendant to have an odor of alcohol, slurred speech, and swaying. The defendant admitted to having four vodka drinks. She failed all the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .162 and .169 in the breath machine.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to a trial.
Result: The State dropped the DUI.
Jan 29, 2014 Case: 12-014569MM10A Judge Robinson
Facts: The defendant was stopped for swerving on the roadway as well as speeding. As the officer approached the vehicle he noticed a strong odor of alcohol. After face to face contact the officer also noticed slurred speech and bloodshot watery eyes. The defendant performed the HGN (eye test), one leg stand, finger to nose as well as the walk and turn. Subsequently, the defendant admitted to drinking and was arrested for DUI. In addition, the defendant was charged with felony carrying a concealed firearm. This was the defendant's second DUI.
Defense: Parks & Braxton filed a motion to dismiss the firearm charge which was granted. After preparing the DUI for jury trial the State dropped the charge.
Result: The State dropped the DUI.
Jan 29, 2014 Case: A0FQ9DE Judge Mcneil
Facts: The defendant was stopped for crossing over the fog line, almost hitting a curb, making an alleged wide turn, and driving over a curb while turning into a parking spot. The officer, after initiating a traffic stop, noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking three beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. This was the defendant's second DUI arrest within five years.
Defense: Parks & Braxton pointed out to the State during pre-trial discussions that the driving pattern as alleged by the officer in the police reports was contradictory to what was captured on the in-car video tape. Thus, we pointed out to the State that the initial traffic stop may have been unlawful.
Result: The State dropped the DUI.
Jan 29, 2014 Case: A0FQ9DE Judge Mcneil
Facts: The defendant was stopped for crossing over the fog line, almost hitting a curb, making an alleged wide turn, and driving over a curb while turning into a parking spot. The officer, after initiating a traffic stop, noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking three beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. This was the defendant's second DUI arrest within five years.
Defense: Parks & Braxton pointed out to the State during pre-trial discussions that the driving pattern as alleged by the officer in the police reports was contradictory to what was captured on the in-car video tape. Thus, we pointed out to the State that the initial traffic stop may have been unlawful.
Result: The State dropped the DUI.
Jan 29, 2014 Case: 12-014569MM10A Judge Robinson
Facts: The defendant was stopped for swerving on the roadway as well as speeding. As the officer approached the vehicle he noticed a strong odor of alcohol. After face to face contact the officer also noticed slurred speech and bloodshot watery eyes. The defendant performed the HGN (eye test), one leg stand, finger to nose as well as the walk and turn. Subsequently, the defendant admitted to drinking and was arrested for DUI. In addition, the defendant was charged with felony carrying a concealed firearm. This was the defendant's second DUI.
Defense: Parks & Braxton filed a motion to dismiss the firearm charge which was granted. After preparing the DUI for jury trial the State dropped the charge.
Result: The State dropped the DUI.
Jan 27, 2014 Case: 2013-CT-02035AXXX Judge Weiss
Facts: The defendant was stopped for driving the wrong way down a one way street. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. She partially completed the roadside tasks on video tape. The defendant admitted to having two glasses of wine. According to the officer, she failed all portions of the roadside tasks that were attempted by the defendant. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to any trial.
Result: The State dropped the DUI.
Jan 27, 2014 Case: 2013-CT-02035AXXX Judge Weiss
Facts: The defendant was stopped for driving the wrong way down a one way street. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. She partially completed the roadside tasks on video tape. The defendant admitted to having two glasses of wine. According to the officer, she failed all portions of the roadside tasks that were attempted by the defendant. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to any trial.
Result: The State dropped the DUI.
Jan 23, 2014 Case: 2012-CT-001785-A-O Judge Adams
Facts: The defendant was stopped for weaving and almost causing a crash. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and she appeared off balance. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .187 and a .188 in the breath machine.
Defense: Parks & Braxton had lengthy pre-trial discussions with the State about the case.
Result: The State dropped the DUI.

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