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

Jul 27, 2022 Case: AFLIQBE Judge Vaccaro
Facts: The defendant was the at fault driver in a crash and he was also observed driving all over the road. When officers arrived, they observed the defendant to have glassy eyes, slurred/low speech, and he slowly exited the car. The defendant's eyes kept closing and his movements were slow. He had a dazed look and his eye lids were droopy. Believing he was impaired by drugs, he was asked to perform roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which was positive for marijuana after being tested at FDLE.
Defense: Here, there was no smell of pot, no marijuana was found, and the defendant denied taking any drugs. Also, the marijuana stays in one's system for up to 30 days. The officer also noticed HGN (nystagmus) which would be inconsistent with someone under the influence of pot. The State could not prove that he was impaired by marijuana.
Result: The State Dropped the DUI.
Jul 26, 2022 Case: 21-CT-051142 Judge Garagozlo
Facts: The defendant hit a mailbox and then left the scene. He also traveled westbound in the eastbound lanes and almost hit two parked cars. After a BOLO went out, the police located the defendant and conducted a traffic stop. The defendant stumbled out of the car, he was slow to answer questions, and his pupils were constricted. He also had an orbital sway, had to have questions repeated, and would lean on his vehicle for balance. No odor of alcohol was detected. Believing he was impaired by drugs, he then performed various roadside tests. He performed very poorly on tape and was arrested for DUI and leaving the scene of an accident. He provided a urine test which revealed the presence of marijuana after being tested by FDLE.
Defense: The firm pointed out that there was no odor of pot, no pot found, no statements about taking marijuana, and no officers wrote anything about detecting that the defendant was impaired by marijuana. It was obvious from the video tape that the defendant was severely impaired by something. The defense provided the defendant's medical records to the State which showed that he was admitted to the hospital less than two days after the DUI arrest with a bacteria/viral brain infection. We were successful in pointing out to the State that it was the brain issue, and not the marijuana, that caused the defendant's impairment. That infection had been lingering for days prior to the arrest. The DUI and the Leaving the scene of the accident charges were all Dismissed.
Result: The DUI was dismissed.
Jul 26, 2022 Case: AEBMTVE Judge Dittmer
Facts: The defendant was stopped after he was swerving and also entered the bicycle lane. The officer noticed an odor of alcohol, red/watery eyes, and slow/slurred speech. Bottles of beer and vodka were found in the car as well. After performing various field sobriety tests, the defendant was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 26, 2022 Case: 21-CT-051142 Judge Garagozlo
Facts: The defendant hit a mailbox and then left the scene. He also traveled westbound in the eastbound lanes and almost hit two parked cars. After a BOLO went out, the police located the defendant and conducted a traffic stop. The defendant stumbled out of the car, he was slow to answer questions, and his pupils were constricted. He also had an orbital sway, had to have questions repeated, and would lean on his vehicle for balance. No odor of alcohol was detected. Believing he was impaired by drugs, he then performed various roadside tests. He performed very poorly on tape and was arrested for DUI and leaving the scene of an accident. He provided a urine test which revealed the presence of marijuana after being tested by FDLE.
Defense: The firm pointed out that there was no odor of pot, no pot found, no statements about taking marijuana, and no officers wrote anything about detecting that the defendant was impaired by marijuana. It was obvious from the video tape that the defendant was severely impaired by something. The defense provided the defendant's medical records to the State which showed that he was admitted to the hospital less than two days after the DUI arrest with a bacteria/viral brain infection. We were successful in pointing out to the State that it was the brain issue, and not the marijuana, that caused the defendant's impairment. That infection had been lingering for days prior to the arrest. The DUI and the Leaving the scene of the accident charges were all Dismissed.
Result: The DUI was dismissed.
Jul 26, 2022 Case: AEBMTVE Judge Dittmer
Facts: The defendant was stopped after he was swerving and also entered the bicycle lane. The officer noticed an odor of alcohol, red/watery eyes, and slow/slurred speech. Bottles of beer and vodka were found in the car as well. After performing various field sobriety tests, the defendant was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with State about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2022 Case: 22-CT-017211 Judge Garagozlo
Facts: The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. He fumbled for his wallet, had a fixed gaze, and admitting to having drank one beer. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant was followed for a very long time on tape before the officer stopped him. So, our point to the State was how bad could his driving pattern have been if the cop waited that long to make the stop. Also, the defendant’s speech was not slurred on tape. After discussions with the State about the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2022 Case: 22-CT-017211 Judge Garagozlo
Facts: The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. He fumbled for his wallet, had a fixed gaze, and admitting to having drank one beer. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant was followed for a very long time on tape before the officer stopped him. So, our point to the State was how bad could his driving pattern have been if the cop waited that long to make the stop. Also, the defendant’s speech was not slurred on tape. After discussions with the State about the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-000403 Judge Farr
Facts: The defendant was stopped for drifting lane to lane and drifting into the bicycle lane. The officer noticed glassy/bloodshot eyes, an odor of alcohol and he had a glazed/dazed look. He performed poorly on roadside tests and was arrested for DUI. Believing that he was impaired by drugs and not alcohol, he was asked to provide a urine test. It later revealed positive results for a CNS stimulant and a CNS depressant.
Defense: The State could not prove that he was under the influence of the specific drugs that day because the drugs that he tested positive for can be in one's system for multiple days.
Result: The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-001680 Judge Farr
Facts: The defendant was stopped for speeding and weaving back and forth. The officer noticed an odor of alcohol, watery eyes, droopy eyelids, slurred speech, and an unsteady/drunk-like appearance. He then performed various roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense: The video tape contradicted many observations that the officer wrote about. For example, the defendant was not unsteady and his speech sounded normal.
Result: The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-000403 Judge Farr
Facts: The defendant was stopped for drifting lane to lane and drifting into the bicycle lane. The officer noticed glassy/bloodshot eyes, an odor of alcohol and he had a glazed/dazed look. He performed poorly on roadside tests and was arrested for DUI. Believing that he was impaired by drugs and not alcohol, he was asked to provide a urine test. It later revealed positive results for a CNS stimulant and a CNS depressant.
Defense: The State could not prove that he was under the influence of the specific drugs that day because the drugs that he tested positive for can be in one's system for multiple days.
Result: The State dropped the DUI.
Jun 28, 2022 Case: 22-CT-001680 Judge Farr
Facts: The defendant was stopped for speeding and weaving back and forth. The officer noticed an odor of alcohol, watery eyes, droopy eyelids, slurred speech, and an unsteady/drunk-like appearance. He then performed various roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI and later refused the breath test.
Defense: The video tape contradicted many observations that the officer wrote about. For example, the defendant was not unsteady and his speech sounded normal.
Result: The State dropped the DUI.
Jun 16, 2022 Case: AEBMRUE Judge Mckyton
Facts: The defendant was stopped after he was observed crossing over a solid yellow line and also passed another car in a no passing lane. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer saw a can of alcohol in the car and the defendant had a sway to his stance. The defendant then performed roadside tests and was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with the State about the facts of the case, they Dropped the DUI.
Result: The State dropped the DUI.
Jun 16, 2022 Case: ADW4UOE Judge Croff
Facts: The defendant was stopped for failing to stop at a red light. The officer observed an odor of alcohol, watery/glassy eyes, and slurred speech. He had a blank stare, a dazed look, and swayed while he stood. He then performed various roadside tests and was arrested for DUI. He later blew a .120 and .117 in the breath machine.
Defense: The defendant's video tape contradicted many observations that the officer wrote about. For example, the defendant's speech was not slurred and he was not swaying. This called into question the officer's credibility.
Result: The State dropped the DUI.
Jun 16, 2022 Case: ADW4UOE Judge Croff
Facts: The defendant was stopped for failing to stop at a red light. The officer observed an odor of alcohol, watery/glassy eyes, and slurred speech. He had a blank stare, a dazed look, and swayed while he stood. He then performed various roadside tests and was arrested for DUI. He later blew a .120 and .117 in the breath machine.
Defense: The defendant's video tape contradicted many observations that the officer wrote about. For example, the defendant's speech was not slurred and he was not swaying. This called into question the officer's credibility.
Result: The State dropped the DUI.
Jun 16, 2022 Case: AEBMRUE Judge Mckyton
Facts: The defendant was stopped after he was observed crossing over a solid yellow line and also passed another car in a no passing lane. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer saw a can of alcohol in the car and the defendant had a sway to his stance. The defendant then performed roadside tests and was arrested for DUI. He later refused the breath test.
Defense: After several negotiations with the State about the facts of the case, they Dropped the DUI.
Result: The State dropped the DUI.
Jun 15, 2022 Case: AELCWQE Judge Komninos
Facts: The defendant was stopped for driving without headlights at night, speeding, weaving, and failing to obey a traffic control device. The officer noticed an odor of alcohol, slurred speech, and she appeared confused. She was very off balance and almost fell. She performed poorly on roadside tests and was arrested for DUI. She later blew .151 and .150 in the breath machine.
Defense: After several negotiations with the State about the case and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 15, 2022 Case: AELCHTE Judge Komninos
Facts: The defendant was stopped for weaving. The officer alleged that he was drifting in and out of his lane and that he also drove over a concrete median. The officer noticed an odor of alcohol, watery eyes, and he had to ask the defendant to roll his windows down several times. The defendant admitted to having consumed 4 whiskey sours. After performing field sobriety tests, he was arrested for DUI. He later blew a.126 and .125 in the breath machine.
Defense: Due to a lack of specificity as to the alleged driving pattern, such as time and distance, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Jun 15, 2022 Case: AEBMJVE Judge Komninos
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol and bloodshot/watery eyes. He was then asked to perform various roadside tests such as the walk and turn, one leg stand, and HGN (Eye test). He was subsequently arrested for DUI and later refused the breath test.
Defense: Due to a lack of impairment, there was no reasonable suspicion of a crime to even request roadside tests.
Result: The State dropped the DUI.
Jun 15, 2022 Case: AEX8UDE Judge Komninos
Facts: The defendant was stopped for swerving and weaving. The defendant also did not stop immediately even though there were places to pull over. The officer noticed an odor of alcohol, red/watery eyes, and slurred speech. She also appeared disoriented, confused, and unbalanced. After refusing field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: After several conversations with the State about the lack of evidence, such as no roadside tests and/or a breath test, the State Agreed to Drop the DUI.
Result: The State dropped the DUI.
Jun 15, 2022 Case: AEBMPIE Judge Komninos
Facts: The defendant was stopped for speeding and cutting off an officer. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also swayed. After refusing to perform various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: On video, the defendant was trying to ask the officer questions about the DUI investigation. The officers can be seen and heard on tape telling him to shut up, shut his mouth, and stop with the monkey shit. This rudeness was pointed out to the State. The State then Dropped the DUI.
Result: The State dropped the DUI.

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