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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

Free Consultations
ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

Mar 28, 2023 Case: AFWDCQE Judge Lawhorne
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, a flushed face, was fumbling around, and slow in her actions. The defendant's speech was stuttered and she admitted to having drank White Claws. She performed poorly on roadside tests such as the walk and turn, finger to nose, and one leg stand. She was arrested for DUI and later blew a .146 and .139 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500997 Judge Gagliardi
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. Her face was red and she had trouble retrieving her documents. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: There was doubt as to whether there was even probable cause to arrest the defendant. On tape, we pointed out to the State that the officer can be heard on the body worn camera stating I think you "might" be impaired. We pointed out that defendant's normal faculties weren't impaired and on tape her speech was normal. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500975 Judge Gagliardi
Facts: Citizens dialed 911 stating that the defendant was failing to maintain her lane. Officers observed the defendant exit a parking lot without stopping and she failed to yield. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant refused to do roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense: There were three 911 calls. Oddly enough, one of the calls stated that they had no idea why police were pulling the defendant over as she did nothing wrong. This was immediately pointed out to the prosecutor. Also, although the stopping officer had a dash camera, it was never turned on for some unknown reason during the traffic stop to capture any alleged driving. Also, when a defendant refuses roadside tests, officers must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer didn't give any consequences. In addition, the officers were very aggressive and rude towards the defendant on the body worn cameras for no reason. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500131 Judge Gagliardi
Facts: The defendant was found passed out in his car after crashing into a fence and ending up in a ditch. The car was facing southbound in the northbound direction. The window had to be broken to gain access. Officers observed the defendant with agonal breathing and was unconscious. EMS arrived on scene and began to administer Narcan. The defendant was awakened and then transported to the hospital. The defendant's speech was slurred and his pupils were dilated. He admitted to having taken muscle relaxers, other controlled substances, and some unknown white pill. The defendant was charged with DUI. Records later revealed the presence of controlled substances.
Defense: The various medications found in the defendant's system were prescribed. We pointed out to the State that he had a bad reaction to the doctor's mixing various medications through no fault of his own.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-008993 Judge Conrad
Facts: The defendant stumbled out of her car while officers were investigating a traffic crash. They went up to the defendant and noticed an odor of alcohol. She was unsure how much alcohol she had consumed and had glossy eyes. Her speech was slurred and she couldn't stand up straight without falling. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .151 and .146 in the breath machine.
Defense: After several talks with the prosecutor about the facts and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-014179 Judge Conrad
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .153 and .150 in the breath machine.
Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-008993 Judge Conrad
Facts: The defendant stumbled out of her car while officers were investigating a traffic crash. They went up to the defendant and noticed an odor of alcohol. She was unsure how much alcohol she had consumed and had glossy eyes. Her speech was slurred and she couldn't stand up straight without falling. She performed very poorly on roadside tests and was arrested for DUI. She later blew a .151 and .146 in the breath machine.
Defense: After several talks with the prosecutor about the facts and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-000099 Judge Conrad
Facts: Officers stopped the defendant after they received a call about a domestic disturbance. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also appeared drowsy, was sweating profusely and had droopy eyelids. He then performed various roadside tests and was arrested for DUI. He later blew a .147 and .136 in the breath machine.
Defense: The lawfulness of the traffic stop was called into question. There were no corroborating facts other than a call about a "domestic disturbance" to justify the traffic stop.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-014179 Judge Conrad
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .153 and .150 in the breath machine.
Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-501323 Judge Gagliardi
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and thick tongued/slow speech. He also had an uneven walk and an odor of marijuana was also detected. He then performed the HGN (eye test) and refused to perform any further roadside tests. He was the arrested for DUI and later refused a breath test.
Defense: The written reports made the defendant out to seem very impaired. That was contradicted by the videotape evidence.
Result: The State dropped the DUI.
Mar 28, 2023 Case: AFWDCQE Judge Lawhorne
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, a flushed face, was fumbling around, and slow in her actions. The defendant's speech was stuttered and she admitted to having drank White Claws. She performed poorly on roadside tests such as the walk and turn, finger to nose, and one leg stand. She was arrested for DUI and later blew a .146 and .139 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500997 Judge Gagliardi
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. Her face was red and she had trouble retrieving her documents. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: There was doubt as to whether there was even probable cause to arrest the defendant. On tape, we pointed out to the State that the officer can be heard on the body worn camera stating I think you "might" be impaired. We pointed out that defendant's normal faculties weren't impaired and on tape her speech was normal. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: A6SA7IE Judge Hessinger
Facts: The defendant was stopped for swerving after callers dialed 911 stating that the defendant was driving recklessly. Officers observed an odor of alcohol, the defendant admitted to having drank one beer, and he also had glassy eyes. The defendant refused to exit the car after multiple commands. He was then arrested for resisting an officer without violence. At the station, he was asked to perform field sobriety tests. The defendant agreed to perform only HGN (eye test), and then refused to perform further roadside exercises. He was then charged with DUI. He later refused a breath test.
Defense: The firm raised issues regarding the lack of evidence to charge the defendant with DUI. In other words, a lack of probable cause. The State Dropped the DUI and he received no conviction on the resisting charge.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500975 Judge Gagliardi
Facts: Citizens dialed 911 stating that the defendant was failing to maintain her lane. Officers observed the defendant exit a parking lot without stopping and she failed to yield. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant refused to do roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense: There were three 911 calls. Oddly enough, one of the calls stated that they had no idea why police were pulling the defendant over as she did nothing wrong. This was immediately pointed out to the prosecutor. Also, although the stopping officer had a dash camera, it was never turned on for some unknown reason during the traffic stop to capture any alleged driving. Also, when a defendant refuses roadside tests, officers must advise the defendant of the adverse consequences for refusing. If they do not, the refusal will be excluded from evidence. Here, the officer didn't give any consequences. In addition, the officers were very aggressive and rude towards the defendant on the body worn cameras for no reason. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Mar 28, 2023 Case: 22-CT-500131 Judge Gagliardi
Facts: The defendant was found passed out in his car after crashing into a fence and ending up in a ditch. The car was facing southbound in the northbound direction. The window had to be broken to gain access. Officers observed the defendant with agonal breathing and was unconscious. EMS arrived on scene and began to administer Narcan. The defendant was awakened and then transported to the hospital. The defendant's speech was slurred and his pupils were dilated. He admitted to having taken muscle relaxers, other controlled substances, and some unknown white pill. The defendant was charged with DUI. Records later revealed the presence of controlled substances.
Defense: The various medications found in the defendant's system were prescribed. We pointed out to the State that he had a bad reaction to the doctor's mixing various medications through no fault of his own.
Result: The State dropped the DUI.
Mar 24, 2023 Case: 22-CT-018414 Judge Zuckerman
Facts: The defendant was the at fault driver in a rear end crash involving three other cars. Officers noticed the defendant to have an odor of alcohol, red/watery eyes and he was inattentive at times. He also admitted to having drank wine. Due to a physical disability, the defendant performed nonphysical field sobriety tests such as HGN (eye test), ABC's, hand coordination, and the palm pat. The defendant told the officer about a medical condition so the officer, on his own without consulting the jail, decided to ask for a blood test, rather than arresting the defendant and taking him to jail. The defendant agreed and the blood alcohol results later revealed a BAC of .084 and .084 (just over the legal limit). He was then charged with DUI.
Defense: When an officer requests blood outside a hospital and there is no death or serious bodily injury to another, the officer must advise the defendant that it is being offered as an alternative to a breath or urine test. Here, the officer did not. In addition, the blood was coerced as the officer told the defendant that if he provided blood, he would not go to jail, so of course the defendant agreed. Thus, the blood was not taken voluntarily. The State agreed that the blood test was unlawfully taken and they Dropped the DUI.
Result: The State dropped the DUI.
Mar 24, 2023 Case: 22-CT-018414 Judge Zuckerman
Facts: The defendant was the at fault driver in a rear end crash involving three other cars. Officers noticed the defendant to have an odor of alcohol, red/watery eyes and he was inattentive at times. He also admitted to having drank wine. Due to a physical disability, the defendant performed nonphysical field sobriety tests such as HGN (eye test), ABC's, hand coordination, and the palm pat. The defendant told the officer about a medical condition so the officer, on his own without consulting the jail, decided to ask for a blood test, rather than arresting the defendant and taking him to jail. The defendant agreed and the blood alcohol results later revealed a BAC of .084 and .084 (just over the legal limit). He was then charged with DUI.
Defense: When an officer requests blood outside a hospital and there is no death or serious bodily injury to another, the officer must advise the defendant that it is being offered as an alternative to a breath or urine test. Here, the officer did not. In addition, the blood was coerced as the officer told the defendant that if he provided blood, he would not go to jail, so of course the defendant agreed. Thus, the blood was not taken voluntarily. The State agreed that the blood test was unlawfully taken and they Dropped the DUI.
Result: The State dropped the DUI.
Mar 23, 2023 Case: 22-CF-012829 Judge Goudie
Facts: The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and bloodshot/glassy eyes. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. In a search incident to arrest, cocaine was found and he was also charged with Felony Possession.
Defense: Under Florida law, when a defendant refuses to perform field sobriety tests, a defendant must be warned of adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences. Thus, the refusal would have been excluded. The State Dropped the DUI and the defendant received no criminal conviction on the Felony charge and no additional penalties.
Result: The State dropped the DUI.
Mar 23, 2023 Case: 22-CF-012829 Judge Goudie
Facts: The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol and bloodshot/glassy eyes. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. In a search incident to arrest, cocaine was found and he was also charged with Felony Possession.
Defense: Under Florida law, when a defendant refuses to perform field sobriety tests, a defendant must be warned of adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences. Thus, the refusal would have been excluded. The State Dropped the DUI and the defendant received no criminal conviction on the Felony charge and no additional penalties.
Result: The State dropped the DUI.
Mar 22, 2023 Case: 22-CT-055110 Judge Silverman
Facts: The defendant was stopped for driving under the speed limit, intermittently pressing his brakes, and swerving across the double yellow lines. The officer noticed an odor alcohol, glassy eyes, and slurred speech. He swayed while he stood and had fumbled dexterity. When asked for his driver's license, he gave a debit card. The defendant stated he had drank 4 beers. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: After several conversations with the prosecutor about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.