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

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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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239.217.3723
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OUR RECENT VICTORIES

Jan 10, 2012 Case: 2011-44267MMAES Judge Beck
Facts: The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
Defense Parks & Braxton prepared the case for trial.
Result: The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.
Jan 9, 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.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.
Defense: Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window.
Result: The motion to suppress was granted. The DUI was Dismissed.
Jan 9, 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.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.
Defense: Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window.
Result: The motion to suppress was granted. The DUI was Dismissed.
Jan 8, 2012 Case: 5606-CZO Judge Seraphin
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Jan 8, 2012 Case: 5606-CZO Judge Seraphin
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Jan 6, 2012 Case: 2011-CT-036569AXXX Judge Damico
Facts: The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Jan 6, 2012 Case: 2011-CT-036569AXXX Judge Damico
Facts: The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Jan 5, 2012 Case: 2011-CT-02041-A-K Judge Fowler
Facts: The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.
Defense: Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges.
Result: The Defendant received No DUI conviction on his record.
Jan 5, 2012 Case: 2011-CT-02041-A-K Judge Fowler
Facts: The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.
Defense: Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges.
Result: The Defendant received No DUI conviction on his record.
Jan 4, 2012 Case: 0021-XBU Judge Seraphin (JURY TRIAL)
Facts: The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.
Defense: At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition.
Result: The Jury found the defendant Not Guilty.
Jan 4, 2012 Case: 0021-XBU Judge Seraphin (JURY TRIAL)
Facts: The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.
Defense: At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition.
Result: The Jury found the defendant Not Guilty.
Jan 3, 2012 Case: 5970-XEM Judge Ortiz
Facts: The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
Defense: On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash.
Result: The DUI was Dismissed.
Jan 3, 2012 Case: 5970-XEM Judge Ortiz
Facts: The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
Defense: On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash.
Result: The DUI was Dismissed.
Jan 2, 2012 Case: CT-003222-XGA Judge Dominguez
Facts: The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Jan 2, 2012 Case: CT-003222-XGA Judge Dominguez
Facts: The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Dec 16, 2011 Case: 08-20173MM10A Judge Murphy
Facts: The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine.
Result: Both motions were granted. The DUI was Dismissed.
Dec 16, 2011 Case: 08-20173MM10A Judge Murphy
Facts: The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine.
Result: Both motions were granted. The DUI was Dismissed.
Dec 12, 2011 Case: 3269-XEJ Judge Denaro
Facts: The defendant was stopped for making an illegal U-Turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test.
Result: The State Dropped the DUI.
Dec 12, 2011 Case: CT-007709-XEF Judge Jeske
Facts: The defendant was stopped for weaving and rubbing against the curb. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking. According to the officer, he performed field sobriety tests, did not performed up to standards, and was arrested for DUI. After his arrest, he blew a .163 and .176 in the breath machine.
Result: The State Dropped the DUI.
Dec 12, 2011 Case: 2011-MM-006916-A Judge Herr
Facts: The defendant was stopped for weaving all over the road at least twelve times and almost striking another vehicle. The officers observed an odor of alcohol, red eyes, slurred speech, and tripping as he got out of the car. He performed poorly on the roadside tests. For example, on the one leg stand, he used his arms for balance, put his foot down more than one time, and swayed. He was arrested for DUI.
Result: The State Dropped the DUI.

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