Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

OUR RECENT VICTORIES

Mar 25, 2022 Case: 21-CT-020159 Judge Peacock
Facts: The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, however, the officer observed bloodshot eyes, a dazed look, swaying, and unsteadiness. She also walked slow and had constricted pupils and very slurred speech. Believing she was impaired by drugs, the officer had her perform roadside tests. She was then arrested for DUI. She later provided a urine sample which showed Xanax and Ambien. This was the defendant's Second DUI.
Defense: On tape, the officer had the defendant doing the roadside tests very far from the camera and she could hardly even be seen. Also, he had her do them on the dirt, not a smooth level pavement.
Result: The State Dropped the defendant's Second DUI.
Mar 25, 2022 Case: 21-CT-052648 Judge Peacock
Facts: The defendant was the at fault driver in a rear end crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. His movements were slow and he appeared to sway. After performing roadside tests, he was arrested for DUI. He later blew a .217 and a .217 in the breath machine.
Defense: After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 25, 2022 Case: 21-CT-050603 Judge Garagozlo
Facts: The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank three beers. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant performed the field sobriety tests much better on tape than as described. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 24, 2022 Case: 21-CT-013582 Judge T. Brown
Facts: The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. He also had red/bloodshot eyes, was lethargic, and had mood swings. The defendant refused to perform 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 the entire DUI investigation took place while the defendant was seated in his car. Prior to arresting the defendant, the officer never placed him in front of his dash camera so one could see how he was standing, walking, or even acting. One couldn't even hear whether the defendant's speech was actually slurred or not.
Result: The State Dropped the defendant's Second DUI.
Mar 24, 2022 Case: 21-CT-013582 Judge T. Brown
Facts: The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. He also had red/bloodshot eyes, was lethargic, and had mood swings. The defendant refused to perform 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 the entire DUI investigation took place while the defendant was seated in his car. Prior to arresting the defendant, the officer never placed him in front of his dash camera so one could see how he was standing, walking, or even acting. One couldn't even hear whether the defendant's speech was actually slurred or not.
Result: The State Dropped the defendant's Second DUI.
Mar 22, 2022 Case: 21-CT-502310 Judge Swett
Facts: The defendant was stopped for weaving six times from the middle lane into the right and left lanes of travel. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant struggled to unlock his glove compartment and also appeared unsteady outside the car. He then performed various roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant immediately told the officer that he was weaving because he needed an alignment. Also, the written report was highly exaggerated about the defendant's level of impairment as compared to the video tape. The firm announced ready for trial and the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 22, 2022 Case: 21-CT-502310 Judge Swett
Facts: The defendant was stopped for weaving six times from the middle lane into the right and left lanes of travel. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant struggled to unlock his glove compartment and also appeared unsteady outside the car. He then performed various roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant immediately told the officer that he was weaving because he needed an alignment. Also, the written report was highly exaggerated about the defendant's level of impairment as compared to the video tape. The firm announced ready for trial and the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 21, 2022 Case: 21-CT-002506 Judge D. Roberts
Facts: A call went out about a reckless driver. Civilians called 911 stating that the defendant was all over the road. The civilians ended up stopping the defendant due to his erratic driving. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and a dazed look. He struggled to exit the vehicle, used the car for balance, and he almost fell. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest.
Result: The State dropped the DUI.
Mar 21, 2022 Case: 21-MM-003709 Judge D. Roberts
Facts: The defendant was stopped for driving with her high beams on. The officer noticed an odor of alcohol, slurred speech, and she stated she had one beer. The defendant performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused the breath test. Marijuana was found and she was also charged with possession.
Defense: After several negotiations, we pointed out that on tape the defendant's speech was not slurred and she did not appear to be impaired. Thus, we pointed out that there was lack of probable cause to arrest her. The State Dropped the DUI and she also received no conviction in the possession charge.
Result: The State dropped the DUI.
Mar 21, 2022 Case: 21-CT-002506 Judge D. Roberts
Facts: A call went out about a reckless driver. Civilians called 911 stating that the defendant was all over the road. The civilians ended up stopping the defendant due to his erratic driving. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and a dazed look. He struggled to exit the vehicle, used the car for balance, and he almost fell. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest.
Result: The State dropped the DUI.
Mar 21, 2022 Case: 21-MM-003709 Judge D. Roberts
Facts: The defendant was stopped for driving with her high beams on. The officer noticed an odor of alcohol, slurred speech, and she stated she had one beer. The defendant performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused the breath test. Marijuana was found and she was also charged with possession.
Defense: After several negotiations, we pointed out that on tape the defendant's speech was not slurred and she did not appear to be impaired. Thus, we pointed out that there was lack of probable cause to arrest her. The State Dropped the DUI and she also received no conviction in the possession charge.
Result: The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-003395 Judge Oster
Facts: The defendant was stopped for speeding and failing to have her lights on. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI. She later refused the breath test.
Defense: The firm announced ready for trial. Prior to trial, we pointed out that on tape, her speech was not slurred at all. In addition, the video tape performance of her roadside tests clearly showed a lack of probable cause to arrest her.
Result: The DUI was dismissed.
Mar 15, 2022 Case: 21-CT-005909 Judge Oster
Facts: The defendant was stopped for failing to maintain a single lane, almost striking another car, and following too closely. He had an odor of alcohol, bloodshot eyes, and he appeared unsteady. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: Many observations on the report were contradicted the video tape.
Result: The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-009500 Judge Oster
Facts: The defendant was stopped for weaving. Upon the stop of the defendant's car, the officer noticed an odor of alcohol, glassy eyes, and he admitted to having consumed one drink. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-003395 Judge Oster
Facts: The defendant was stopped for speeding and failing to have her lights on. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI. She later refused the breath test.
Defense: The firm announced ready for trial. Prior to trial, we pointed out that on tape, her speech was not slurred at all. In addition, the video tape performance of her roadside tests clearly showed a lack of probable cause to arrest her.
Result: The DUI was dismissed.
Mar 15, 2022 Case: 21-CT-005909 Judge Oster
Facts: The defendant was stopped for failing to maintain a single lane, almost striking another car, and following too closely. He had an odor of alcohol, bloodshot eyes, and he appeared unsteady. After performing various field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: Many observations on the report were contradicted the video tape.
Result: The State dropped the DUI.
Mar 15, 2022 Case: 21-CT-009500 Judge Oster
Facts: The defendant was stopped for weaving. Upon the stop of the defendant's car, the officer noticed an odor of alcohol, glassy eyes, and he admitted to having consumed one drink. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Mar 11, 2022 Case: 21-CT-018370 Judge Bonavita
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he had mood swings. The defendant also exhibited a short attention span and was forgetful. The defendant only performed the HGN (eye tests) and walk and turn. He refused to perform all other tests and was arrested for DUI. He later blew a .246 in the breath machine but failed to provide second sample so they called it a refusal.
Defense: After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 11, 2022 Case: 21-CT-018370 Judge Bonavita
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he had mood swings. The defendant also exhibited a short attention span and was forgetful. The defendant only performed the HGN (eye tests) and walk and turn. He refused to perform all other tests and was arrested for DUI. He later blew a .246 in the breath machine but failed to provide second sample so they called it a refusal.
Defense: After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 9, 2022 Case: AEBMBZE Judge Komninos
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and dilated pupils. His speech was also slow, slurred, and mumbled. He performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and a .142 in the breath machine.
Defense: There were several inconsistencies in the discovery. After discussion with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.

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