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

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.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
Result: The State Dropped the DUI.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
Facts: The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
Result: The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
Facts: The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant could not move over as another car was blocking him from doing so and he did slow down in his lane of travel as required. We also alleged that the officer's motioning to the defendant to roll his window down and the taking of his keys were seizures. It should be noted that the officer was impeached at the motion hearing based on his pre-trial deposition whereby he previously stated that he never smelled any alcohol. The defendant also testified at the motion hearing in total contradiction to the officer. For example, he testified that he ended up farther back from the patrol car and never screeched his tires.
Result: The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
Result: The State Dropped the DUI.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
Facts: The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
Result: The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 24, 2012 Case: 8486-XEX Judge Ortiz
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Aug 24, 2012 Case: 2011-MM-018282AXXX Judge Bryson
Facts: The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant could not move over as another car was blocking him from doing so and he did slow down in his lane of travel as required. We also alleged that the officer's motioning to the defendant to roll his window down and the taking of his keys were seizures. It should be noted that the officer was impeached at the motion hearing based on his pre-trial deposition whereby he previously stated that he never smelled any alcohol. The defendant also testified at the motion hearing in total contradiction to the officer. For example, he testified that he ended up farther back from the patrol car and never screeched his tires.
Result: The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross
Facts: The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
Result: On the morning of trial the State dropped the DUI.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross
Facts: The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. Despite the fact that the motion to suppress the stop was denied, the deputy provided several statements on the stand that were inconsistent with both the video as well as his reports.
Result: On the morning of trial the State dropped the DUI.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross
Facts: The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
Result: On the morning of trial the State dropped the DUI.
Aug 21, 2012 Case: 11-013468MM10A Judge Ross
Facts: The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. Despite the fact that the motion to suppress the stop was denied, the deputy provided several statements on the stand that were inconsistent with both the video as well as his reports.
Result: On the morning of trial the State dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
Facts: The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
Defense: Parks & Braxton took the depositions of both officers on scene. The arresting officer was unable to provide a clear and independent recollection to the facts that were included in his reports.
Result: The DUI was dismissed.
Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Result: Prior to the motion ever being heard, the State Dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
Facts: The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
Result: The DUI was dismissed.
Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle.
Result: Prior to the motion ever being heard, the State Dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
Facts: The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
Result: The DUI was dismissed.
Aug 20, 2012 Case: 2011-CT-021108AAXXX Judge Hudson
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Result: Prior to the motion ever being heard, the State Dropped the DUI.
Aug 20, 2012 Case: 11-2523MM10A Judge Brown
Facts: The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
Defense: Parks & Braxton took the depositions of both officers on scene. The arresting officer was unable to provide a clear and independent recollection to the facts that were included in his reports.
Result: The DUI was dismissed.

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.