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

Feb 14, 2023 Case: 22-CT-004782 Judge Gutman
Facts: The defendant was stopped for drifting back and forth and crossing over the laner markers. The officer noticed an odor of alcohol, a blank/dazed look, and slow movements. She had slurred speech, poor coordination, and admitted to having consumed 2 alcoholic beverages. She then performed various field sobriety tests and was arrested for DUI. She subsequently refused to take a breath test.
Defense: Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations.
Result: The State dropped the DUI.
Feb 14, 2023 Case: 22-CT-004848 Judge Gutman
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test.
Defense: After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 14, 2023 Case: 21-014690MU10A Judge Brown
Facts: The defendant was involved in a crash with extensive damage. The initial officer on scene observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, he testified that the defendant was extremely unsteady on her feet and was unable to locate her license and registration. Subsequently, a DUI task force officer arrived on scene to conduct an investigation. The DUI task force officer made similar observations. However, the defendant explained that she is fully functional, but suffers from autism. In addition, the defendant discussed the medications she takes. She subsequently refused both field sobriety tests as well as a breath test and was arrested for DUI.
Defense: Parks & Braxton took testimony from both officers. While their observations were fairly consistent, neither of the officers were able to fully detail the extent that the autism and the medications she took played in the investigation. Specifically, while she displayed some signs of impairment, the officers were unable to discount the possibility that the observations were equally consistent with the medication she consumed as opposed to alcohol consumption. On the morning of the trial the State dropped the DUI.
Result: The State dropped the DUI.
Feb 14, 2023 Case: 22-CT-004782 Judge Gutman
Facts: The defendant was stopped for drifting back and forth and crossing over the laner markers. The officer noticed an odor of alcohol, a blank/dazed look, and slow movements. She had slurred speech, poor coordination, and admitted to having consumed 2 alcoholic beverages. She then performed various field sobriety tests and was arrested for DUI. She subsequently refused to take a breath test.
Defense: Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations.
Result: The State dropped the DUI.
Feb 14, 2023 Case: 22-CT-004848 Judge Gutman
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test.
Defense: After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-015220 Judge Moses-Stephens
Facts: A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine.
Defense: When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction.
Result: The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-002789 Judge Dekleva
Facts: The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine.
Defense: After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-015220 Judge Moses-Stephens
Facts: A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine.
Defense: When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction.
Result: The State dropped the DUI.
Feb 8, 2023 Case: 22-CT-002789 Judge Dekleva
Facts: The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine.
Defense: After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AGOW2XE Judge Komninos
Facts: The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test
Defense: After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AG5PURE Judge Komninos
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense: Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AGE3LKE Judge Komninos
Facts: Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI.
Defense: After several conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AG5PTTE Judge Komninos
Facts: The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences.
Result: The State dropped the DUI.
Feb 3, 2023 Case: A6SA5VE Judge Komninos
Facts: The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test.
Defense: Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AGOW2XE Judge Komninos
Facts: The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test
Defense: After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AG5PURE Judge Komninos
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test.
Defense: Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AGE3LKE Judge Komninos
Facts: Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI.
Defense: After several conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 3, 2023 Case: AG5PTTE Judge Komninos
Facts: The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences.
Result: The State dropped the DUI.
Feb 3, 2023 Case: A6SA5VE Judge Komninos
Facts: The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test.
Defense: Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences.
Result: The State dropped the DUI.
Feb 2, 2023 Case: 22-CT-003712 Judge Wish
Facts: The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest.
Defense: The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date.
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.