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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

Free Consultations
ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

May 28, 2013 Case: 2013-CT-000462-A-O-X Judge Craner
Facts: The defendant was initially involved in a crash. The officer then followed the defendant and observed him weaving. Once stopped. the officer observed the defendant to have an odor of alcohol, glossy eyes, he seemed confused, and was swaying. He refused to perform the the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton announced ready for trial and were prepared to try the case.
Result: The State dropped the DUI.
May 23, 2013 Case: CTC125720XDJANC Judge Dittmer
Facts: The defendant was found asleep in his car in a parking lot by police. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant was unsteady and disoriented. According to the officer, he failed the video taped roadside tests by displaying numerous signs of intoxication. He was then arrested for DUI and after his arrest he refused the breath test. This was the defendant's second DUI arrest within five years.
Defense: Parks & Braxton pointed out to the State prior to jury trial that the defendant had no "capability" of operating the motor vehicle while asleep. Thus, he could not have been in "actual physical control" of the vehicle.
Result: The State dropped the DUI.
May 23, 2013 Case: CTC125720XDJANC Judge Dittmer
Facts: The defendant was found asleep in his car in a parking lot by police. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant was unsteady and disoriented. According to the officer, he failed the video taped roadside tests by displaying numerous signs of intoxication. He was then arrested for DUI and after his arrest he refused the breath test. This was the defendant's second DUI arrest within five years.
Defense: Parks & Braxton pointed out to the State prior to jury trial that the defendant had no "capability" of operating the motor vehicle while asleep. Thus, he could not have been in "actual physical control" of the vehicle.
Result: The State dropped the DUI.
May 21, 2013 Case: CT-5919-XEP Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and fumbling fingers. The defendant admitted to drinking five glasses of wine over the course of the entire night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .115 and .122 in the breath machine.
Defense: Parks & Braxton pointed out to the State that on the video tape, none of the defendant's "normal faculties" were impaired during the field sobriety tests and that his breath alcohol content may have been lower than the legal limit at the "time of driving."
Result: The State dropped the DUI.
May 21, 2013 Case: CT-5919-XEP Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and fumbling fingers. The defendant admitted to drinking five glasses of wine over the course of the entire night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .115 and .122 in the breath machine.
Defense: Parks & Braxton pointed out to the State that on the video tape, none of the defendant's "normal faculties" were impaired during the field sobriety tests and that his breath alcohol content may have been lower than the legal limit at the "time of driving."
Result: The State dropped the DUI.
May 15, 2013 Case: CT-9800-XEG Judge Courtney
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had bands from bars on his wrist. The defendant began to do the walk and turn test on video tape and then stopped and refused to continue the rest of the field sobriety tests. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
May 15, 2013 Case: CT-5658-XGA Judge Courtney
Facts: The defendant was the at fault driver in a crash whereby he ran off the road into the woods and the vehicle flipped over. Officers observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officers, he failed the roadside tests which were video taped and then he 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 the on scene video tape of the roadside tests was destroyed and/or corrupted. Thus, there was the potential destruction of material evidence as nobody could say what actually happened to the original video tape.
Result: The State dropped the DUI.
May 15, 2013 Case: CT-5658-XGA Judge Courtney
Facts: The defendant was the at fault driver in a crash whereby he ran off the road into the woods and the vehicle flipped over. Officers observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officers, he failed the roadside tests which were video taped and then he 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 the on scene video tape of the roadside tests was destroyed and/or corrupted. Thus, there was the potential destruction of material evidence as nobody could say what actually happened to the original video tape.
Result: The State dropped the DUI.
May 15, 2013 Case: CT-9800-XEG Judge Courtney
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had bands from bars on his wrist. The defendant began to do the walk and turn test on video tape and then stopped and refused to continue the rest of the field sobriety tests. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
May 13, 2013 Case: 0355-XFE Judge Altfield
Facts: The defendant crashed his car off the road into a light pole and several trees. Fire rescue arrived, treated the defendant, and transported him to the hospital where the police then met him. At the hospital, the defendant admitted to the officers to taking Ambien and smoking marijuana just before driving his car. He also stated that he felt the drugs "kicking in." The officers had him perform field sobriety tests which he failed at the hospital. The defendant was requested to provide a blood sample to which he complied. He was then arrested for DUI (controlled and/or chemical substance) and taken to the jail. The blood work was then sent off to the toxicology lab for analysis.
Defense: On the morning of jury trial, Parks & Braxton pointed out that the State had violated the discovery rules by not providing the toxicology lab results in a timely fashion. The speedy trial time frame had run out on the State to bring the defendant to trial.
Result: The DUI was dismissed.
May 13, 2013 Case: 2013-CT-002196-A-O-X Judge Barlow
Facts: The defendant was found by police passed out behind the wheel of her car at an intersection. The officer noticed an odor of alcohol, bloodshot-eyes, and slurred speech. The defendant performed field sobriety tests on video tape and showed numerous signs of intoxication. She also admitted drinking numerous glasses of champagne. She even fell down at one point on tape. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton announced ready for trial and were prepared the morning the case was set.
Result: The State dropped the DUI.
May 13, 2013 Case: 0355-XFE Judge Altfield
Facts: The defendant crashed his car off the road into a light pole and several trees. Fire rescue arrived, treated the defendant, and transported him to the hospital where the police then met him. At the hospital, the defendant admitted to the officers to taking Ambien and smoking marijuana just before driving his car. He also stated that he felt the drugs "kicking in." The officers had him perform field sobriety tests which he failed at the hospital. The defendant was requested to provide a blood sample to which he complied. He was then arrested for DUI (controlled and/or chemical substance) and taken to the jail. The blood work was then sent off to the toxicology lab for analysis.
Defense: On the morning of jury trial, Parks & Braxton pointed out that the State had violated the discovery rules by not providing the toxicology lab results in a timely fashion. The speedy trial time frame had run out on the State to bring the defendant to trial.
Result: The DUI was dismissed.
May 13, 2013 Case: 2013-CT-002196-A-O-X Judge Barlow
Facts: The defendant was found by police passed out behind the wheel of her car at an intersection. The officer noticed an odor of alcohol, bloodshot-eyes, and slurred speech. The defendant performed field sobriety tests on video tape and showed numerous signs of intoxication. She also admitted drinking numerous glasses of champagne. She even fell down at one point on tape. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton announced ready for trial and were prepared the morning the case was set.
Result: The State dropped the DUI.
May 10, 2013 Case: 2013-CT-001645-O-X Judge Bigney
Facts: The defendant crashed her car into a utility pole. The officer observed the defendant to have an odor of alcohol, red eyes, and slow speech. She also appeared dazed and confused. The defendant also stated she had a few drinks. According to the officer, she performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State prior to trial that they would have a difficult time placing the defendant in "actual physical control" of the car at the time of the crash based on the reports.
Result: The State dropped the DUI.
May 10, 2013 Case: 2013-CT-001645-O-X Judge Bigney
Facts: The defendant crashed her car into a utility pole. The officer observed the defendant to have an odor of alcohol, red eyes, and slow speech. She also appeared dazed and confused. The defendant also stated she had a few drinks. According to the officer, she performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State prior to trial that they would have a difficult time placing the defendant in "actual physical control" of the car at the time of the crash based on the reports.
Result: The State dropped the DUI.
May 8, 2013 Case: CT-006654-XFA Judge Dominguez
Facts: The defendant was the at fault driver in a rear end crash. The officer who arrived, observed the defendant to have an odor of alcohol, slow/slurred speech, blood-shot eyes, and he appeared unsteady. The defendant started to perform the walk and turn exercise and then stopped. He then refused to perform the rest of the field sobriety tests and was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
May 8, 2013 Case: CT-006654-XFA Judge Dominguez
Facts: The defendant was the at fault driver in a rear end crash. The officer who arrived, observed the defendant to have an odor of alcohol, slow/slurred speech, blood-shot eyes, and he appeared unsteady. The defendant started to perform the walk and turn exercise and then stopped. He then refused to perform the rest of the field sobriety tests and was then arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
May 6, 2013 Case: 2012-CT-013107-AXXX Judge Cofer
Facts: The defendant's friend was stopped by police for speeding and running a stop sign while driving the defendant's van. The defendant's friend stopped the van, and the officer observed her jump into the back seat. As the officer approached, our client then moved over to the driver's seat in order to provide the officer with the vehicle documentation since it was her van. The officer was aware that the original driver who was now in the back of the van was the original driver and our client was the original passenger. Upon making contact with our client, the officer noticed the keys were in the ignition and engine was running. He observed our client to have an odor of alcohol, slurred speech, blood-shot eyes, and trouble maintaining her balance. The defendant admitted to drinking and feeling buzzed. She performed very poorly on the field sobriety tests and was arrested for DUI, as was her friend who was highly intoxicated (the original driver) who jumped into the back seat. After our client's arrest for DUI, she blew a .163 and .159 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, as well as before hand, the firm pointed out to the state that our client could not be in actual physical control of a motor vehicle while she was being detained by law enforcement. Also, the in dash police car video tape had been destroyed which would have captured the entire traffic stop.
Result: The State dropped the DUI.
May 6, 2013 Case: 2012-CT-013107-AXXX Judge Cofer
Facts: The defendant's friend was stopped by police for speeding and running a stop sign while driving the defendant's van. The defendant's friend stopped the van, and the officer observed her jump into the back seat. As the officer approached, our client then moved over to the driver's seat in order to provide the officer with the vehicle documentation since it was her van. The officer was aware that the original driver who was now in the back of the van was the original driver and our client was the original passenger. Upon making contact with our client, the officer noticed the keys were in the ignition and engine was running. He observed our client to have an odor of alcohol, slurred speech, blood-shot eyes, and trouble maintaining her balance. The defendant admitted to drinking and feeling buzzed. She performed very poorly on the field sobriety tests and was arrested for DUI, as was her friend who was highly intoxicated (the original driver) who jumped into the back seat. After our client's arrest for DUI, she blew a .163 and .159 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, as well as before hand, the firm pointed out to the state that our client could not be in actual physical control of a motor vehicle while she was being detained by law enforcement. Also, the in dash police car video tape had been destroyed which would have captured the entire traffic stop.
Result: The State dropped the DUI.
May 2, 2013 Case: 4880-XEM Judge Newman
Facts: The defendant was stopped for obstructing traffic. The officer observed an odor of alcohol, bloodshot-eyes, and slurred speech. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State that the roadside report describing the defendant's alleged performance was very vague with hardly any details. The firm was ready for trial.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.