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

OUR RECENT VICTORIES

Jul 26, 2013 Case: 2013-CT-002164-A-O-X Judge Blechman
Facts: The defendant was stopped for driving erratically and crossing over a concrete median into oncoming traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he performed poorly on all the roadside tests displaying several signs of intoxication. He was then arrested for DUI. After his arrest, he blew a .167 and a .165 in the breath machine.
Defense: Parks & Braxton pointed out to the State that there were certain issues involving the video tape used by the police in the case.
Result: The State dropped the DUI.
Jul 25, 2013 Case: 12-013057MM10A Judge Diaz
Facts: The police were called to an apartment complex in reference to a disturbance. A security guard also observed the defendant to be heavily intoxicated. When police arrived, they observed the defendant in her car. Upon exiting, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The officer also noticed the defendant to have difficulty with her motor skills. According to the officer, she failed the field sobriety tests and was arrested for DUI. Police also found the defendant in possession of marijuana and charged her with that crime. After her arrest, she refused the breath test.
Defense: Parks & Braxton took pre-trial depositions of all the witnesses in the case. After taking their testimony in the depositions, the firm filed a pre-trial motion to suppress. In our motion, we alleged that the defendant had been unlawfully detained by the police without any reasonable suspicion of a crime. The possession of marijuana charge was also dismissed.
Result: The State dropped the DUI.
Jul 25, 2013 Case: 12-013057MM10A Judge Diaz
Facts: The police were called to an apartment complex in reference to a disturbance. A security guard also observed the defendant to be heavily intoxicated. When police arrived, they observed the defendant in her car. Upon exiting, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The officer also noticed the defendant to have difficulty with her motor skills. According to the officer, she failed the field sobriety tests and was arrested for DUI. Police also found the defendant in possession of marijuana and charged her with that crime. After her arrest, she refused the breath test.
Defense: Parks & Braxton took pre-trial depositions of all the witnesses in the case. After taking their testimony in the depositions, the firm filed a pre-trial motion to suppress. In our motion, we alleged that the defendant had been unlawfully detained by the police without any reasonable suspicion of a crime. The possession of marijuana charge was also dismissed.
Result: The State dropped the DUI.
Jul 24, 2013 Case: 2013-CT-000499 Judge Martin
Facts: The defendant was stopped for making a wide turn and almost striking an officer's patrol car. The officer noticed the defendant to have an odor of alcohol, slow speech, and red eyes. He admitted to having a couple of glasses of wine. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .125 and .121 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 24, 2013 Case: CT-7156-XEP Judge Myers
Facts: The defendant was stopped for speeding and following another car too closely. The officer observed the defendant to have an odor of alcohol and blood-shot/glassy eyes. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 24, 2013 Case: 2013-CT-000749-A-E-X Judge Barlow
Facts: The defendant was involved in a traffic crash and left the scene. The defendant pulled into a parking lot and the civilians he crashed into subsequently blocked him in so he could not drive away again. The defendant exhibited signs of intoxication in front of them. The civilians then removed the defendant from the vehicle until the police came to the scene. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, slurred speech, and unsteadiness. He failed the roadside tests and the officer actually had to prevent the defendant from falling on at least two occasions. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton announced ready for trial.
Result: On the morning of jury trial, the State Dropped the DUI.
Jul 24, 2013 Case: 2013-CT-000499 Judge Martin
Facts: The defendant was stopped for making a wide turn and almost striking an officer's patrol car. The officer noticed the defendant to have an odor of alcohol, slow speech, and red eyes. He admitted to having a couple of glasses of wine. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .125 and .121 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 24, 2013 Case: CT-7156-XEP Judge Myers
Facts: The defendant was stopped for speeding and following another car too closely. The officer observed the defendant to have an odor of alcohol and blood-shot/glassy eyes. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 24, 2013 Case: 2013-CT-000749-A-E-X Judge Barlow
Facts: The defendant was involved in a traffic crash and left the scene. The defendant pulled into a parking lot and the civilians he crashed into subsequently blocked him in so he could not drive away again. The defendant exhibited signs of intoxication in front of them. The civilians then removed the defendant from the vehicle until the police came to the scene. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, slurred speech, and unsteadiness. He failed the roadside tests and the officer actually had to prevent the defendant from falling on at least two occasions. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton announced ready for trial.
Result: On the morning of jury trial, the State Dropped the DUI.
Jul 19, 2013 Case: 2013-CT-003565-01XX-LD Judge Abdoney
Facts: The defendant was stopped for speeding and weaving. The defendant had an odor of alcohol, mumbled speech, and blood-shot eyes. The defendant also had a "blank look" on his face and swayed when outside the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: During a pre-trial investigation conducted by Parks & Braxton, it was discovered that the police department who arrested the defendant was under investigation.
Result: The DUI was dismissed.
Jul 19, 2013 Case: 2013-CT-003565-01XX-LD Judge Abdoney
Facts: The defendant was stopped for speeding and weaving. The defendant had an odor of alcohol, mumbled speech, and blood-shot eyes. The defendant also had a "blank look" on his face and swayed when outside the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: During a pre-trial investigation conducted by Parks & Braxton, it was discovered that the police department who arrested the defendant was under investigation.
Result: The DUI was dismissed.
Jul 12, 2013 Case: 2012-CT-018370AXXX Judge Bryson
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant also admitted to drinking numerous beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he blew .142 and .143 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 12, 2013 Case: 2012-CT-000163AXXX Judge Bryson
Facts: The defendant was stopped running a stop sign. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .090 and .087 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 12, 2013 Case: 2012-CT-018370AXXX Judge Bryson
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant also admitted to drinking numerous beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he blew .142 and .143 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 12, 2013 Case: 2012-CT-000163AXXX Judge Bryson
Facts: The defendant was stopped running a stop sign. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .090 and .087 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 10, 2013 Case: CT-006598-XEP Judge Dominguez
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. The defendant then refused the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 10, 2013 Case: 2013-CT-004458-A-O Judge Barlow
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, red eyes, and and he admitted drinking at a bar. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer believed that the defendant was actually impaired by a chemical and/or controlled substance.
Defense: Parks & Braxton were ready for trial. The firm pointed out the State that they could not prove by which specific substance allegedly impaired the defendant as required by Florida Law.
Result: The State dropped the DUI.
Jul 10, 2013 Case: CT-006598-XEP Judge Dominguez
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. The defendant then refused the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 10, 2013 Case: 2013-CT-004458-A-O Judge Barlow
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, red eyes, and and he admitted drinking at a bar. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer believed that the defendant was actually impaired by a chemical and/or controlled substance.
Defense: Parks & Braxton were ready for trial. The firm pointed out the State that they could not prove by which specific substance allegedly impaired the defendant as required by Florida Law.
Result: The State dropped the DUI.
Jul 9, 2013 Case: 11-016545MM10A Judge Brown
Facts: The defendant was observed by the police walking very "uneasy" to her car. She was arguing with another person about who was actually "less drunk" to drive. A traffic stop was then conducted in a parking garage. The officers observed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and uttering statements about her impairment. The defendant almost fell over while performing the roadside tests and then she was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton took the deposition of the back-up officer. At deposition, the officer revealed that he did not have an independent recollection concerning the specifics of the investigation. The firm filed a motion to exclude his testimony which was granted by the court. The firm also discovered that the chief investigating officer was under investigation for a law violation.
Result: The DUI was dismissed.

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