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

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

Sep 10, 2012 Case: 2012-CT-041525AXXX Judge Baker
Facts: The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI.
Result: The State conceded the motion and Dropped the DUI.
Sep 7, 2012 Case: 11-027007MM10A Judge Brown
Facts: The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.
Defense: Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report.
Result: After the Trooper's testimony, the State dropped the DUI.
Sep 7, 2012 Case: 1261-XEU Judge Wolfson
Facts: The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the officer had no legal reason to initially detain the defendant as no crime was or had been committed.
Result: The State Dropped the DUI.
Sep 7, 2012 Case: 1261-XEU Judge Wolfson
Facts: The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the officer had no legal reason to initially detain the defendant as no crime was or had been committed.
Result: The State Dropped the DUI.
Sep 7, 2012 Case: 11-027007MM10A Judge Brown
Facts: The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.
Defense: Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report.
Result: After the Trooper's testimony, the State dropped the DUI.
Sep 6, 2012 Case: CT-005019-XEP Judge Jeske
Facts: The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards 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 none of the defendant's normal faculties were impaired on video tape versus what was written in the officer's reports.
Result: The State dropped the DUI.
Sep 6, 2012 Case: 2791-XDP Judge Altfield
Facts: The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Sep 6, 2012 Case: 2011-CT-00165701XXBA (JURY TRIAL) Judge Kirkland
Facts: The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.
Defense: Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime.
Result: In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.
Sep 6, 2012 Case: 2791-XDP Judge Altfield
Facts: The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Sep 6, 2012 Case: CT-005019-XEP Judge Jeske
Facts: The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards 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 none of the defendant's normal faculties were impaired on video tape versus what was written in the officer's reports.
Result: The State dropped the DUI.
Sep 6, 2012 Case: 2011-CT-00165701XXBA (JURY TRIAL) Judge Kirkland
Facts: The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.
Defense: Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime.
Result: In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.
Sep 5, 2012 Case: CT-004911-XGA Judge Myers
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared the case for trial.
Result: The State dropped the DUI.
Sep 5, 2012 Case: CT-004911-XGA Judge Myers
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.
Defense: Parks & Braxton prepared the case for trial.
Result: The State dropped the DUI.
Sep 4, 2012 Case: 0085-XER Judge Krieger-Martin
Facts: The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test.
Result: On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: 6691-XDX Judge Seraphin
Facts: The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI.
Result: On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: CT-6221-XFA Judge Weis
Facts: The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI.
Result: The State Dropped the DUI.
Sep 4, 2012 Case: 0085-XER Judge Krieger-Martin
Facts: The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test.
Result: On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: 6691-XDX Judge Seraphin
Facts: The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI.
Result: On the morning of trial, the State Dropped the DUI.
Sep 4, 2012 Case: CT-6221-XFA Judge Weis
Facts: The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI.
Result: The State Dropped the DUI.
Sep 1, 2012 Case: 09-012353MM10A Judge Lerner-Wren
Facts: The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
Result: The motion to suppress was granted. The DUI was Dismissed.

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