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

OUR RECENT VICTORIES

Jun 27, 2012 Case: 2012-CT-003478AXXX Judge Bonavita
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test.
Result: On the morning of trial, the State Dropped the DUI.
Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott
Facts: The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly during the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's truck. In our motion, we alleged that the officer did not observe any driving pattern on video tape consistent with a "reckless" driver as required by Florida Law.
Result: On the day of the motion hearing, the State Dropped the DUI.
Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott
Facts: The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
Result: On the day of the motion hearing, the State Dropped the DUI.
Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott
Facts: The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
Result: On the day of the motion hearing, the State Dropped the DUI.
Jun 22, 2012 Case: 2011-MM-011427-A Judge Schott
Facts: The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly during the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's truck. In our motion, we alleged that the officer did not observe any driving pattern on video tape consistent with a "reckless" driver as required by Florida Law.
Result: On the day of the motion hearing, the State Dropped the DUI.
Jun 21, 2012 Case: 810-183MM10A Judge Cowart
Facts: The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense: Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape.
Result: The State Dropped the DUI.
Jun 21, 2012 Case: 10-183MM10A Judge Cowart
Facts: The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Result: The State Dropped the DUI.
Jun 21, 2012 Case: 10-183MM10A Judge Cowart
Facts: The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Result: The State Dropped the DUI.
Jun 21, 2012 Case: 810-183MM10A Judge Cowart
Facts: The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense: Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 4380-XDY Judge Miranda
Facts: The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 4380-XDY Judge Miranda
Facts: The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 8419-XEX Judge Miranda
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine. Defense Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 8419-XEX Judge Miranda
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 4380-XDY Judge Miranda
Facts: The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 8419-XEX Judge Miranda
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 4380-XDY Judge Miranda
Facts: The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Jun 19, 2012 Case: 8419-XEX Judge Miranda
Facts: The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
Defense Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Jun 9, 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.
Result: The State Dropped the DUI.
Jun 9, 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.
Result: The State dropped the DUI.
Jun 9, 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.
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.

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