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 12, 2023 Case: AEBMKTE Judge Hessinger
Facts: The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI.
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: 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.
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: AEBMKTE Judge Hessinger
Facts: The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Jan 11, 2023 Case: 22-CT-008908 Judge Farr
Facts: The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 11, 2023 Case: 22-CM-005754 Judge Farr
Facts: The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense: After several conversations with the State about the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 11, 2023 Case: 22-CM-005754 Judge Farr
Facts: The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense: After several conversations with the State about the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 11, 2023 Case: 22-CT-008908 Judge Farr
Facts: The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039061 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
Defense: After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-038083 Judge Jacobus
Facts: The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense: The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-047984 Judge Jacobus
Facts: The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest.
Defense: Many observations written in the reports were contradicted by the videotape.
Result: The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-039066 Judge Jacobus
Facts: The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal.
Defense: There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-000997 Judge C. Wish
Facts: The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant.
Result: The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-039061 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his pupils were small. The defendant stated he had drank beer, exited the vehicle slowly, and appeared unsteady on his feet. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .105 and .105 in the breath machine.
Defense: After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-039066 Judge Jacobus
Facts: The defendant was found passed out in his car at a Circle K gas station. A concerned citizen caller dialed 911 after spotting the defendant. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was arrested for DUI. He later blew a .214 in the breath machine, but then refused to provide a second sample as required by law, so it was labeled as a refusal.
Defense: There was no reasonable suspicion of a crime to order him out of the car once it was determined he was simply sleeping.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-038083 Judge Jacobus
Facts: The defendant was stopped after an officer noticed the defendant stopped in the road. As the officer attempted a traffic stop, the defendant pulled away but was stopped eventually. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He also swayed and stumbled while outside his car. He performed poorly on roadside tests and was arrested for DUI. He later refused a breath test.
Defense: The officer stated that he conducted the traffic stop due to the defendant obstructing the roadway. However, there was no traffic on the road. The lawfulness of the traffic stop was called into question. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2023 Case: 22-CT-047984 Judge Jacobus
Facts: The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest.
Defense: Many observations written in the reports were contradicted by the videotape.
Result: The State Dropped the defendant's Second DUI.
Jan 10, 2023 Case: 22-CT-000997 Judge C. Wish
Facts: The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant.
Result: The State Dropped the defendant's Second DUI.
Jan 6, 2023 Case: 22-CT-501091 Judge Gil
Facts: A call went out over 911 that the defendant was involved in a domestic disturbance with a female on the beach. The complainant stated that there was screaming and whimpering and that the male (i.e. the defendant) had forced the female to the beach. Officers located the defendant driving away and conducted a traffic stop. They observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. While outside the car, the defendant swayed and stumbled. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: When a call is anonymous, there must be corroboration by the police of the act in order to conduct a traffic stop. Here, there was no attempt to make contact with the caller and there was not even an erratic driving pattern, nonetheless any corroboration of a domestic disturbance, so the traffic stop was illegal. The State agreed with the firm and Dismissed the DUI.
Result: The DUI was dismissed.

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