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

Feb 24, 2012 Case: 2011-CT-022808AXXX Judge Castor
Facts: The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test.
Defense: Parks & Braxton discovered during a pre-trial discovery investigation that the roadside video tape had been lost, destroyed, and/or corrupted. No one at the police department could answer our questions as to the whereabouts of the tape which was material evidence in the case.
Result: Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI.
Feb 23, 2012 Case: 2012-CT-001340AXXX Judge Eissey
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Defense: Parks & Braxton conducted a pre-trial investigation prior to the filing of the charges.
Result: The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.
Feb 23, 2012 Case: 2011-CT-00913-A-M Judge Becker
Facts: The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Result: The DUI was Dismissed.
Feb 23, 2012 Case: 2011-CT-00913-A-M Judge Becker
Facts: The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Defense: Parks & Braxton prepared and filed a pre-trial motion to exclude the defendant's statements about her involvement in the crash. In our motion, we alleged the statements were obtained in violation of the accident report privilege. The State conceded the motion and all statements were excluded. Thus, the State could not place the defendant in actual physical control at the time of the crash.
Result: The DUI was Dismissed.
Feb 23, 2012 Case: 2012-CT-001340AXXX Judge Eissey
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Result: The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.
Feb 23, 2012 Case: 2011-CT-00913-A-M Judge Becker
Facts: The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Result: The DUI was Dismissed.
Feb 23, 2012 Case: 2012-CT-001340AXXX Judge Eissey
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Result: The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.
Feb 23, 2012 Case: 2011-CT-00913-A-M Judge Becker
Facts: The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Defense: Parks & Braxton prepared and filed a pre-trial motion to exclude the defendant's statements about her involvement in the crash. In our motion, we alleged the statements were obtained in violation of the accident report privilege. The State conceded the motion and all statements were excluded. Thus, the State could not place the defendant in actual physical control at the time of the crash.
Result: The DUI was Dismissed.
Feb 23, 2012 Case: 2012-CT-001340AXXX Judge Eissey
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Defense: Parks & Braxton conducted a pre-trial investigation prior to the filing of the charges.
Result: The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.
Feb 22, 2012 Case: 2010-CT-008690-A-O Judge Shoemaker
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Defense: Parks & Braxton showed the State numerous medical records reflecting that the defendant's performance on the roadside tests was not due to impairment by alcohol or medication, but was a result of the defendant's various and numerous medical conditions.
Result: On the morning of jury trial, the State Dropped the DUI.
Feb 22, 2012 Case: 2010-CT-008690-A-O Judge Shoemaker
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Result: On the morning of jury trial, the State Dropped the DUI.
Feb 22, 2012 Case: 2010-CT-008690-A-O Judge Shoemaker
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Result: On the morning of jury trial, the State Dropped the DUI.
Feb 22, 2012 Case: 2010-CT-008690-A-O Judge Shoemaker
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Defense: Parks & Braxton showed the State numerous medical records reflecting that the defendant's performance on the roadside tests was not due to impairment by alcohol or medication, but was a result of the defendant's various and numerous medical conditions.
Result: On the morning of jury trial, the State Dropped the DUI.
Feb 21, 2012 Case: 11-017556MM10A Judge Fry
Facts: The defendant was observed by a security guard as well as an independent witness driving through a fence. The officer responded to the scene and observed the defendant holding onto the stop sign yelling "I'm too f'n drunk". The officer who conducted the investigation stated that the defendant was unable to stand up without assistance. The defendant supposedly advised the officer that he had been drinking bloody marys and a lot of beer. The officer then subsequently called for a car with a video to respond to the scene. On video the defendant refused all testing. Prior to going on video the officer allegedly observed a strong odor of alcohol, slurred speech, a flushed face and bloodshot eyes. This was the defendant's 3rd DUI.
Defense: Despite all of the initial allegations by the officer, none of them were captured on video. Parks & Braxton then discovered that the arresting officer was under investigation for falsifying reports.
Result: The State dropped the DUI.
Feb 21, 2012 Case: 09-026294MM10A Judge Robinson
Facts: The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Result: Based on the testimony provided by the independent witness the State dropped the DUI.
Feb 21, 2012 Case: 09-026294MM10A Judge Robinson
Facts: The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. In addition, the defense listed a witness who observed the entire incident and contradicted the officer's observations.
Result: Based on the testimony provided by the independent witness the State dropped the DUI.
Feb 21, 2012 Case: 11-017556MM10A Judge Fry
Facts: The defendant was observed by a security guard as well as an independent witness driving through a fence. The officer responded to the scene and observed the defendant holding onto the stop sign yelling "I'm too f'n drunk". The officer who conducted the investigation stated that the defendant was unable to stand up without assistance. The defendant supposedly advised the officer that he had been drinking bloody marys and a lot of beer. The officer then subsequently called for a car with a video to respond to the scene. On video the defendant refused all testing. Prior to going on video the officer allegedly observed a strong odor of alcohol, slurred speech, a flushed face and bloodshot eyes. This was the defendant's 3rd DUI.
Result: The State dropped the DUI.
Feb 21, 2012 Case: 09-026294MM10A Judge Robinson
Facts: The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Result: Based on the testimony provided by the independent witness the State dropped the DUI.
Feb 21, 2012 Case: 11-017556MM10A Judge Fry
Facts: The defendant was observed by a security guard as well as an independent witness driving through a fence. The officer responded to the scene and observed the defendant holding onto the stop sign yelling "I'm too f'n drunk". The officer who conducted the investigation stated that the defendant was unable to stand up without assistance. The defendant supposedly advised the officer that he had been drinking bloody marys and a lot of beer. The officer then subsequently called for a car with a video to respond to the scene. On video the defendant refused all testing. Prior to going on video the officer allegedly observed a strong odor of alcohol, slurred speech, a flushed face and bloodshot eyes. This was the defendant's 3rd DUI.
Result: The State dropped the DUI.
Feb 21, 2012 Case: 09-026294MM10A Judge Robinson
Facts: The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Defense: Parks & Braxton filed a motion to suppress based on an unlawful stop. In addition, the defense listed a witness who observed the entire incident and contradicted the officer's observations.
Result: Based on the testimony provided by the independent witness the State dropped the DUI.

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