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
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OUR RECENT VICTORIES

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 20, 2012 Case: 2011CT003901AXXX Judge Turner
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.
Defense: Parks & Braxton prepared the case for trial.
Result: The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.
Feb 20, 2012 Case: 2011CT003901AXXX Judge Turner
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.
Result: The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.
Feb 20, 2012 Case: 2011CT003901AXXX Judge Turner
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.
Result: The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.
Feb 20, 2012 Case: 2011CT003901AXXX Judge Turner
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. The officer suspected he was actually impaired by a chemical and/or controlled substance, not alcohol.
Defense: Parks & Braxton prepared the case for trial.
Result: The DUI was Dismissed as the State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes.
Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.
Defense: Parks & Braxton prepared the case for trial.
Result: The DUI was Dismissed.
Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.
Result: The DUI was Dismissed.
Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.
Result: The DUI was Dismissed.
Feb 17, 2012 Case: 2011-CT-014367-A-O Judge Freeman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slightly slurred speech, and red eyes. The defendant stated he drank six bottles of beer earlier that day. According to the officer, he failed the roadside tests and was arrested for DUI. He submitted to a urine test based on his statements about using marijuana. His urine tested positive for marijuana.
Defense: Parks & Braxton prepared the case for trial.
Result: The DUI was Dismissed.
Feb 15, 2012 Case: CT-000496-XEH Judge Greco
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Defense: Parks & Braxton prepared the case for trial. We also pointed out to the State that the video tape at the scene contradicted the defendant's breath alcohol level.
Result: The State Dropped the DUI.
Feb 15, 2012 Case: CT-000496-XEH Judge Greco
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Feb 15, 2012 Case: CT-000496-XEH Judge Greco
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Feb 15, 2012 Case: CT-000496-XEH Judge Greco
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking two draft beers and a mixed drink. According to the officer, he failed the roadside tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Defense: Parks & Braxton prepared the case for trial. We also pointed out to the State that the video tape at the scene contradicted the defendant's breath alcohol level.
Result: The State Dropped the DUI.
Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo
Facts: The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.
Result: The State Dropped the DUI.
Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo
Facts: The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.
Defense: The video contradicted the officer's reports as to the defendant's alleged performance on the roadside tests. Also, with the .02 margin of error in the breath machine, the firm pointed out that the defendant's breath results could have been under the legal limit.
Result: The State Dropped the DUI.
Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo
Facts: The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.
Result: The State Dropped the DUI.
Feb 13, 2012 Case: 05-2011-CT-035417AXXX-XX Judge Garagozlo
Facts: The defendant was stopped for driving with his high-beams. The officer noticed an odor of alcohol, mumbled speech/accent, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .094 and .091 in the breath machine.
Defense: The video contradicted the officer's reports as to the defendant's alleged performance on the roadside tests. Also, with the .02 margin of error in the breath machine, the firm pointed out that the defendant's breath results could have been under the legal limit.
Result: The State Dropped the DUI.
Feb 11, 2012 Case: 5700-XEM Judge Krieger-Martin
Facts: The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine.
Result: The State Dropped the DUI.
Feb 11, 2012 Case: 5700-XEM Judge Krieger-Martin
Facts: The defendant was found passed out behind the wheel of his vehicle by police and fire rescue while blocking an entrance way to a drive thru. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having two drinks. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .111 and .109 in the breath machine.
Result: The State Dropped the DUI.
Feb 10, 2012 Case: 2011-CT-025550AXXX (JURY TRIAL) Judge Damico
Facts: The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. After his arrest for DUI, he refused the breath test.
Result: The Jury found the defendant Not Guilty.

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