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

Aug 30, 2022 Case: AFLPCOE Judge Croff
Facts: The defendant was involved in a traffic crash with another car. She was alleged to have failed to yield to oncoming traffic. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had a blank expression on her face. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The firm pointed out to the State that based on the evidence, such as witness statements, police reports, and the physical evidence, it was unclear whether the defendant or the other car was at fault. In addition, on tape, the defendant did not have any blank look and was totally responsive and coherent. Furthermore, her speech sounded normal on tape, and not slurred.
Result: The State dropped the DUI.
Aug 30, 2022 Case: AG3AUEE Judge Lawhorne
Facts: The defendant was stopped for running a red light. The officer smelled an odor of alcohol, noticed glassy/watery eyes, and the defendant appeared unsteady. The defendant also admitted to having drank beer. After performing several field sobriety tests, he was arrested for DUI. He later blew a .086 and .083 in the breath machine.
Defense: Parks & Braxton pointe out to the State that with the .02 margin of error in the breath machine, the defendant's two breath alcohol results of .086 and .083 were under the legal limit. In addition, English is the defendant's second language. He had a lot of difficulty understanding the officer's instructions during the DUI investigation.
Result: The State dropped the DUI.
Aug 30, 2022 Case: AEBMLNE Judge Lawhorne
Facts: The defendant was stopped for turning left on a turn right only. Officers observed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank a couple of beers. He also had slurred speech and swayed while he stood. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .112 and .111 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton pointed out numerous inconsistencies between the officer's reports and the DUI video tape. For example, the defendant did not sway and his speech sounded normal. In addition, his performance on the roadside tests on tape was much better than as written in the reports.
Result: The State Dropped the Defendant's Second DUI.
Aug 30, 2022 Case: 20-CT-003489 Judge Steele
Facts: The defendant was stopped for speeding and drifting into oncoming lanes. He was then very slow to stop even with lights and sirens. The officer noticed and odor of alcohol, bloodshot eyes, and droopy eye lids. He performed very poorly on roadside tests. For example, on the walk and turn, he stepped off the line and lost his balance during the instructions. On the one leg stand, he used his arms for balance and placed his foot on the ground multiple times. He was arrested for DUI and later refused the breath test.
Defense: The officers were having problems with the breath machine. The defendant never actually refused to take the breath test. The first time he blew, they alleged there were two invalid breath samples. The next time he was going to blow, the machine failed as it reflected RFI (radio frequency interference). The third time he was going to blow, the were two more alleged invalid samples.
Result: The State dropped the DUI.
Aug 30, 2022 Case: AFLPCOE Judge Croff
Facts: The defendant was involved in a traffic crash with another car. She was alleged to have failed to yield to oncoming traffic. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had a blank expression on her face. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The firm pointed out to the State that based on the evidence, such as witness statements, police reports, and the physical evidence, it was unclear whether the defendant or the other car was at fault. In addition, on tape, the defendant did not have any blank look and was totally responsive and coherent. Furthermore, her speech sounded normal on tape, and not slurred.
Result: The State dropped the DUI.
Aug 30, 2022 Case: AG3AUEE Judge Lawhorne
Facts: The defendant was stopped for running a red light. The officer smelled an odor of alcohol, noticed glassy/watery eyes, and the defendant appeared unsteady. The defendant also admitted to having drank beer. After performing several field sobriety tests, he was arrested for DUI. He later blew a .086 and .083 in the breath machine.
Defense: Parks & Braxton pointe out to the State that with the .02 margin of error in the breath machine, the defendant's two breath alcohol results of .086 and .083 were under the legal limit. In addition, English is the defendant's second language. He had a lot of difficulty understanding the officer's instructions during the DUI investigation.
Result: The State dropped the DUI.
Aug 30, 2022 Case: AEBMLNE Judge Lawhorne
Facts: The defendant was stopped for turning left on a turn right only. Officers observed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank a couple of beers. He also had slurred speech and swayed while he stood. He then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later blew a .112 and .111 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton pointed out numerous inconsistencies between the officer's reports and the DUI video tape. For example, the defendant did not sway and his speech sounded normal. In addition, his performance on the roadside tests on tape was much better than as written in the reports.
Result: The State Dropped the Defendant's Second DUI.
Aug 19, 2022 Case: 22-CT-025442 Judge Peacock
Facts: The defendant was stopped for speeding and swerving within his lane. Officers noticed an odor of alcohol, he admitted to having drank 3 mugs of beers, had watery eyes, and had a flushed face. His attitude varied from polite to cocky to excited to indifferent. He then performed field sobriety tests and was arrested for DUI. He later blew a .099 and .101 in the breath machine.
Defense: Due to the .02 margin of error in the machine, the firm was able to place one of the defendant's breath results under the legal limit of .08.
Result: The State dropped the DUI.
Aug 19, 2022 Case: 22-CT-026690 Judge Peacock
Facts: The defendant was stopped for crossing over the dotted line multiple times, as well as swerving across lanes of traffic. The officer noticed an odor of alcohol, watery eyes, and he admitted to having drank two vodka cranberry alcoholic drinks. The defendant performed various roadside tests and was arrested for DUI. He later blew a .167 and .153 in the breath machine.
Defense: After conversations with the State about the evidence, they Dropped the DUI.
Result: The State dropped the DUI.
Aug 19, 2022 Case: 22-CT-025442 Judge Peacock
Facts: The defendant was stopped for speeding and swerving within his lane. Officers noticed an odor of alcohol, he admitted to having drank 3 mugs of beers, had watery eyes, and had a flushed face. His attitude varied from polite to cocky to excited to indifferent. He then performed field sobriety tests and was arrested for DUI. He later blew a .099 and .101 in the breath machine.
Defense: Due to the .02 margin of error in the machine, the firm was able to place one of the defendant's breath results under the legal limit of .08.
Result: The State dropped the DUI.
Aug 19, 2022 Case: 22-CT-026690 Judge Peacock
Facts: The defendant was stopped for crossing over the dotted line multiple times, as well as swerving across lanes of traffic. The officer noticed an odor of alcohol, watery eyes, and he admitted to having drank two vodka cranberry alcoholic drinks. The defendant performed various roadside tests and was arrested for DUI. He later blew a .167 and .153 in the breath machine.
Defense: After conversations with the State about the evidence, they Dropped the DUI.
Result: The State dropped the DUI.
Aug 15, 2022 Case: 22-CT-003890 Judge Taylor
Facts: The defendant was found by police in his truck blocking lanes of traffic. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and rambling/slurred speech. While out of the truck, he swayed, staggered, and also urinated in front of the cop. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with the State regarding the evidence and the defendant himself, they Dropped the DUI.
Result: The State dropped the DUI.
Aug 15, 2022 Case: 22-CT-003890 Judge Taylor
Facts: The defendant was found by police in his truck blocking lanes of traffic. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and rambling/slurred speech. While out of the truck, he swayed, staggered, and also urinated in front of the cop. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with the State regarding the evidence and the defendant himself, they Dropped the DUI.
Result: The State dropped the DUI.
Aug 12, 2022 Case: 22-CT-000747 Judge Hitzemann
Facts: The defendant was stopped for weaving all over the road and stopping in the middle of the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She was also very unsteady and exhibited mood swings. She performed very poorly on roadside tests and was arrested for DUI. She later blew a . 247 and .241 in the breath machine. This was the defendant's Second DUI.
Defense: The officer misinformed the defendant by telling her on tape that if she did not do the roadside tests, her license would be suspended. A license suspension only applies to a breath, blood, or urine test, not field sobriety tests. Furthermore, the officer misinformed the defendant of the law by telling her on tape that no matter what she blew in the breath machine, there are no enhancements. Once again a misstatement of the law because any breath alcohol test above a .15 is an enhanced DUI. Realizing that the roadside tests and the breath test would be excluded from evidence, the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Aug 12, 2022 Case: 22-CT-000747 Judge Hitzemann
Facts: The defendant was stopped for weaving all over the road and stopping in the middle of the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She was also very unsteady and exhibited mood swings. She performed very poorly on roadside tests and was arrested for DUI. She later blew a . 247 and .241 in the breath machine. This was the defendant's Second DUI.
Defense: The officer misinformed the defendant by telling her on tape that if she did not do the roadside tests, her license would be suspended. A license suspension only applies to a breath, blood, or urine test, not field sobriety tests. Furthermore, the officer misinformed the defendant of the law by telling her on tape that no matter what she blew in the breath machine, there are no enhancements. Once again a misstatement of the law because any breath alcohol test above a .15 is an enhanced DUI. Realizing that the roadside tests and the breath test would be excluded from evidence, the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Aug 11, 2022 Case: 21-CT-018450 Judge Bryson
Facts: The defendant was the at fault driver in a three car crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he was sweating profusely. His eyes were red and glassy and he also stumbled. The defendant was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
Defense: When a defendant refuses roadside tests, the officer must advise the defendant of the adverse consequences of his refusal or the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences as required by law. In addition, on tape the officer was the one who actually stumbled while walking.
Result: The State dropped the DUI.
Aug 11, 2022 Case: 21-CT-018450 Judge Bryson
Facts: The defendant was the at fault driver in a three car crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he was sweating profusely. His eyes were red and glassy and he also stumbled. The defendant was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test.
Defense: When a defendant refuses roadside tests, the officer must advise the defendant of the adverse consequences of his refusal or the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences as required by law. In addition, on tape the officer was the one who actually stumbled while walking.
Result: The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-000309 Judge Farr
Facts: The defendant was found by police slumped over the wheel in her car blocking the entrance to a residential complex. A child was also in the car. No odor of alcohol was detected, but the officer noticed glassy eyes, very slurred speech, a sway to her stance, and she appeared to keep closing her eyes like she was falling asleep. She also appeared disoriented and confused. Believing she was impaired by drugs, she then performed roadside tests. She performed very poorly and was arrested for DUI. She provided a urine sample which after testing by FDLE revealed numerous controlled substances.
Defense: During negotiations with the State, we pointed out that circumstances surrounding the initial contact with the defendant were an unlawful search and seizure.
Result: The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-001299 Judge Farr
Facts: The defendant crashed his car into a tree and entered back on the road. His vehicle then skid into a Ford truck which then crashed through a garage door. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and stated he had drank an old fashioned cocktail. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The firm pointed out to the State that on video the officer had the defendant perform the walk and turn and one leg stand in a windstorm. The wind was so strong that one could see things blowing all over. Due to the lack of fairness shown to the defendant considering the roadside test conditions, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 10, 2022 Case: 22-CT-003255 Judge Jeske
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. He also had clumsy movements, swayed, and was unsteady on his feet. After performing various field sobriety tests such as the walk and turn and one leg stand, he was arrested for DUI. He later blew a .114 and .111 in the breath machine.
Defense: Although the defendant blew just over the legal limit, his video performance of the field sobriety tests showed he may have been lower than .08 at the time of driving. In other words, he was on the rise and absorbing alcohol at the time he blew into the machine. Due to the conflict, the State Dropped the DUI.
Result: The State dropped the DUI.

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