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

Dec 6, 2023 Case: 23-CT-008203 Judge Taylor
Facts: The defendant was stopped for driving with no lights and almost striking another vehicle. The officer noticed an odor of alcohol, she admitted to having drank whiskey, had watery eyes, and slurred speech. She then performed poorly on the field sobriety tests such as the one leg stand and walk and turn. She was arrested for DUI and later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-006430 Judge Farr
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated that he had just left a bar, was slow to respond to the officer, and had a noticeable sway. He only agreed to perform the HGN (eye test) and then refused to perform any further field sobriety tests. He was then arrested for DUI and later refused to take a breath test.
Defense: When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-010645 Judge Conrad
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery/glassy eyes, and slurred speech. He also appeared unsteady on his feet and he admitted to having consumed two beers. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also driving without a valid driver's license.
Defense: The firm pointed out to the State, that on tape, the defendant's normal faculties were not impaired. His speech was normal and he was not off balance or unsteady in any way. He also was responsive, coherent, stood without a sway, and walked normally. He also performed the field sobriety tests much better on tape than as described in the police reports. The State watched the video, agreed with our position, and Dropped the DUI. He was also charged with not having a valid driver's license and that charge was Dismissed.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-501265 Judge Gagliardi
Facts: The defendant took an on ramp too fast and ended up crashing into a retention pond. The car was totally submerged under water. He was observed swimming out of the car by a civilian witness. When officers arrived, they noticed an odor of alcohol, slurred speech, glassy eyes, and he admitted to having drank alcohol earlier. His clothes were obviously soaking wet. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The firm announced ready for trial. In our discussions we pointed out to the prosecutor that accidents happen and that not everyone is impaired who is involved in a crash. On tape, the defendant's speech was not slurred, he was standing normally, and he was very responsive and coherent. Also, on tape, the defendant was trying to ask the officer questions and the officer kept shutting him down and would not let him speak. After negotiations short of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-501265 Judge Gagliardi
Facts: The defendant took an on ramp too fast and ended up crashing into a retention pond. The car was totally submerged under water. He was observed swimming out of the car by a civilian witness. When officers arrived, they noticed an odor of alcohol, slurred speech, glassy eyes, and he admitted to having drank alcohol earlier. His clothes were obviously soaking wet. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The firm announced ready for trial. In our discussions we pointed out to the prosecutor that accidents happen and that not everyone is impaired who is involved in a crash. On tape, the defendant's speech was not slurred, he was standing normally, and he was very responsive and coherent. Also, on tape, the defendant was trying to ask the officer questions and the officer kept shutting him down and would not let him speak. After negotiations short of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-006430 Judge Farr
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated that he had just left a bar, was slow to respond to the officer, and had a noticeable sway. He only agreed to perform the HGN (eye test) and then refused to perform any further field sobriety tests. He was then arrested for DUI and later refused to take a breath test.
Defense: When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 5, 2023 Case: 23-CT-010645 Judge Conrad
Facts: The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery/glassy eyes, and slurred speech. He also appeared unsteady on his feet and he admitted to having consumed two beers. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also driving without a valid driver's license.
Defense: The firm pointed out to the State, that on tape, the defendant's normal faculties were not impaired. His speech was normal and he was not off balance or unsteady in any way. He also was responsive, coherent, stood without a sway, and walked normally. He also performed the field sobriety tests much better on tape than as described in the police reports. The State watched the video, agreed with our position, and Dropped the DUI. He was also charged with not having a valid driver's license and that charge was Dismissed.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AGP1ZDE Judge Komninos
Facts: The defendant was stopped for driving with only one headlight. The officer noticed an odor of alcohol, a flushed face, a sway to his stance, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AHC3ZSE Judge Komninos
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/thick tongued speech, and watery eyes. She also had dilated pupils, an odor of marijuana, and she exited her car slowly. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AI9MB4E Judge Komninos
Facts: The defendant was stopped for running a red light and almost causing a crash. The officer noticed an odor of alcohol, mumbling/slurred speech, and glassy eyes. He staggered, swayed, and appeared off balance. He then performed the walk and turn, one leg stand, and HGN (eye test) and was arrested for DUI. He later blew a .138 and .133 in the breath machine.
Defense: On video, the defendant's speech was normal, he was not off balance, and he did not stagger. His performance on the field sobriety tests was nearly perfect . This clearly showed that he may have been under the legal limit at the time of driving and was absorbing alcohol when he blew into the breath machine.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AHC3ZSE Judge Komninos
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/thick tongued speech, and watery eyes. She also had dilated pupils, an odor of marijuana, and she exited her car slowly. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AI9MB4E Judge Komninos
Facts: The defendant was stopped for running a red light and almost causing a crash. The officer noticed an odor of alcohol, mumbling/slurred speech, and glassy eyes. He staggered, swayed, and appeared off balance. He then performed the walk and turn, one leg stand, and HGN (eye test) and was arrested for DUI. He later blew a .138 and .133 in the breath machine.
Defense: On video, the defendant's speech was normal, he was not off balance, and he did not stagger. His performance on the field sobriety tests was nearly perfect . This clearly showed that he may have been under the legal limit at the time of driving and was absorbing alcohol when he blew into the breath machine.
Result: The State dropped the DUI.
Dec 1, 2023 Case: AGP1ZDE Judge Komninos
Facts: The defendant was stopped for driving with only one headlight. The officer noticed an odor of alcohol, a flushed face, a sway to his stance, and bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: On tape, the defendant's speech was normal, he was not off balance, and he performed very good on the field sobriety tests. We put forth to the State that there was a lack of probable cause to arrest him.
Result: The State dropped the DUI.
Nov 29, 2023 Case: 23-CT-037575 Judge Garagozlo
Facts: The defendant was stopped for speeding and failing to yield to a police car. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and the defendant was smiling and chuckling. He was clumsy and unsure in handling his documents. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and blew a .087 and .082 in the breath machine.
Defense: Under Florida law, one can only be requested to take a breath test after they have been lawfully arrested for DUI. We do not have pre-arrest breath tests in Florida. Here, on tape, the officer asked the defendant for a breath test prior to arresting him. When the defendant stated that he did not want to take it, he was immediately arrested for DUI. While being handcuffed, he then stated that he would take it, but was still placed under arrest. Thus, the State knew that the breath test would be excluded for two reasons. One, he was asked for the breath test prior to being arrested. Secondly, he only took it under duress and coercion in an attempt to not be arrested.
Result: The State dropped the DUI.
Nov 29, 2023 Case: 23-CT-010062 Judge Gutman
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol and watery/glossy eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later blew a .091 and .090 in the breath machine.
Defense: Due to a .02 margin of error in the breath machine, the firm was able to place the defendant's breath tests results under the legal limit. In addition, on tape, the defendant's speech was normal, he was responsive and coherent, and not off balance or unsteady.
Result: The State dropped the DUI.
Nov 29, 2023 Case: 23-CT-037575 Judge Garagozlo
Facts: The defendant was stopped for speeding and failing to yield to a police car. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and the defendant was smiling and chuckling. He was clumsy and unsure in handling his documents. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and blew a .087 and .082 in the breath machine.
Defense: Under Florida law, one can only be requested to take a breath test after they have been lawfully arrested for DUI. We do not have pre-arrest breath tests in Florida. Here, on tape, the officer asked the defendant for a breath test prior to arresting him. When the defendant stated that he did not want to take it, he was immediately arrested for DUI. While being handcuffed, he then stated that he would take it, but was still placed under arrest. Thus, the State knew that the breath test would be excluded for two reasons. One, he was asked for the breath test prior to being arrested. Secondly, he only took it under duress and coercion in an attempt to not be arrested.
Result: The State dropped the DUI.
Nov 29, 2023 Case: 23-CT-010062 Judge Gutman
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol and watery/glossy eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later blew a .091 and .090 in the breath machine.
Defense: Due to a .02 margin of error in the breath machine, the firm was able to place the defendant's breath tests results under the legal limit. In addition, on tape, the defendant's speech was normal, he was responsive and coherent, and not off balance or unsteady.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-008239 Judge Farr
Facts: The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.
Defense: After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-001523CTAXWS Judge Grey
Facts: Officers found the defendant sitting in her car with the engine running while parked in a center grass median. Officers observed an odor of alcohol, bloodshot eyes, and she stated she had way too much to drink. When asked how much alcohol she had consumed, she stated, a lot. Her speech was mumbled/slurred, her face was pale, and she was sleepy and lethargic. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009434 Judge Gutman
Facts: The defendant was stopped for speeding, running a red light, and drifting back and forth in his lane. The officer noticed an odor of alcohol, slurred speech, a blank/dazed stare, and poor balance. He had slow/lethargic movements and he admitted to having drank a few beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .173 and .176 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.

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