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 24, 2023 Case: AEBMJPE Judge Lawhorne
Facts: The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal.
Result: The State dropped the DUI.
Jan 24, 2023 Case: AFLPJEE Judge Croff
Facts: The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine.
Defense: After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 24, 2023 Case: AFLPJEE Judge Croff
Facts: The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine.
Defense: After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 24, 2023 Case: AEBMJPE Judge Lawhorne
Facts: The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal.
Result: The State dropped the DUI.
Jan 24, 2023 Case: 22-CT-043562 Judge Garagozlo
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. He then performed various roadside tests such as the HGN (eye test), finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense: On tape, the defendant’s speech was not slurred and he performed better on the field sobriety tests than written. There was a lack of probable cause to arrest.
Result: The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-013868 Judge Bristow
Facts: The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine.
Defense: The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol.
Result: The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-017325 Judge Bristow
Facts: The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine.
Defense: After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-013868 Judge Bristow
Facts: The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine.
Defense: The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol.
Result: The State dropped the DUI.
Jan 23, 2023 Case: 22-CT-017325 Judge Bristow
Facts: The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine.
Defense: After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-019340 Judge Silverman
Facts: The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI.
Defense: The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-029775 Judge Silverman
Facts: The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
Defense: The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction.
Result: The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-019340 Judge Silverman
Facts: The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI.
Defense: The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 20, 2023 Case: 22-CT-029775 Judge Silverman
Facts: The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax.
Defense: The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction.
Result: The State dropped the DUI.
Jan 18, 2023 Case: 22-CT-001452 Judge Crown
Facts: The defendant was stopped for speeding, driving with one headlight, and driving in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and difficulty with comprehension. His speech was slurred and he repeated the same questions to the officer. A Modelo beer was also found in the car. 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 adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences.
Result: The State dropped the DUI.
Jan 18, 2023 Case: 22-CT-001452 Judge Crown
Facts: The defendant was stopped for speeding, driving with one headlight, and driving in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and difficulty with comprehension. His speech was slurred and he repeated the same questions to the officer. A Modelo beer was also found in the car. 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 adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences.
Result: The State dropped the DUI.
Jan 13, 2023 Case: 22-CT-041834 Judge Atkin
Facts: The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Jan 13, 2023 Case: 22-CT-041834 Judge Atkin
Facts: The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Jan 12, 2023 Case: 22-CT-015225 Judge Damico
Facts: Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine.
Defense: After several conversations with the State about the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Jan 12, 2023 Case: AEBMTKE Judge Szematowicz
Facts: The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected.
Result: The State dropped the DUI.
Jan 12, 2023 Case: A777BEE Judge Croff
Facts: The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test.
Defense: After several talks with the prosecutor about the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.

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