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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
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OUR RECENT VICTORIES

Mar 9, 2022 Case: AEBM3HE Judge Komninos
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and depressed reflexes. He also had slow movements and dilated pupils. After performing roadside tests, he was arrested for DUI. He later blew a .109 and a .107 in the breath machine.
Defense: The defendant's performance on the field sobriety tests clearly showed that he may have been lower than the legal limit of .08 at the time of driving.
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.
Mar 9, 2022 Case: AEBM3HE Judge Komninos
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and depressed reflexes. He also had slow movements and dilated pupils. After performing roadside tests, he was arrested for DUI. He later blew a .109 and a .107 in the breath machine.
Defense: The defendant's performance on the field sobriety tests clearly showed that he may have been lower than the legal limit of .08 at the time of driving.
Result: The State dropped the DUI.
Mar 8, 2022 Case: 21-CT-007779 Judge Conrad
Facts: The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. There was the smell of spilled alcohol on the defendant's arm. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .201 and a .192 in the breath machine.
Defense: After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 8, 2022 Case: 21-CT-007779 Judge Conrad
Facts: The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. There was the smell of spilled alcohol on the defendant's arm. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .201 and a .192 in the breath machine.
Defense: After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-010707 Judge Jeske
Facts: The defendant's vehicle was observed with front end damage. The officer got out of his car and went up to the defendant's car. The defendant was surrounded in the driver's seat by airbags that had deployed. The officer, after cutting through the airbags, observed an odor of alcohol and bloodshot eyes. He admitted to having drank alcohol. After performing roadside tests, he was arrested for DUI. He later blew a .138 and a .133 in the breath machine.
Defense: Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI.
Result: The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-003009 Judge Jeske
Facts: The defendant was stopped for having no taillights on. He was also weaving and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed roadside tests and was arrested for DUI. He later blew a .141 and a .138 in the breath machine.
Defense: After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-003009 Judge Jeske
Facts: The defendant was stopped for having no taillights on. He was also weaving and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed roadside tests and was arrested for DUI. He later blew a .141 and a .138 in the breath machine.
Defense: After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 2, 2022 Case: 21-CT-010707 Judge Jeske
Facts: The defendant's vehicle was observed with front end damage. The officer got out of his car and went up to the defendant's car. The defendant was surrounded in the driver's seat by airbags that had deployed. The officer, after cutting through the airbags, observed an odor of alcohol and bloodshot eyes. He admitted to having drank alcohol. After performing roadside tests, he was arrested for DUI. He later blew a .138 and a .133 in the breath machine.
Defense: Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI.
Result: The State dropped the DUI.
Mar 1, 2022 Case: 21-CT-011176 Judge Conrad
Facts: The defendant was stopped for speeding and drifting back and forth. Officers observed an odor alcohol, glassy eyes, and slurred speech. The defendant then agreed to perform various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test. This was his Second DUI arrest. The firm beat his first DUI as well.
Defense: The firm pointed out that the defendant told the cop prior to the roadsides that he had head, back, and leg injuries, as well as metal plates in his ankles. These all stemmed from motorcycle accidents. The officer could have done alternative nonphysical exercises like the finger to nose, alphabet, or estimation of time, but chose not to. Instead, he had him do things he wasn't physically capable of doing. Thus, any impairment could have been due to his injuries as easily as alcohol.
Result: The State Dropped the DUI and the firm beat his Second case as well.
Mar 1, 2022 Case: 21-CT-011176 Judge Conrad
Facts: The defendant was stopped for speeding and drifting back and forth. Officers observed an odor alcohol, glassy eyes, and slurred speech. The defendant then agreed to perform various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test. This was his Second DUI arrest. The firm beat his first DUI as well.
Defense: The firm pointed out that the defendant told the cop prior to the roadsides that he had head, back, and leg injuries, as well as metal plates in his ankles. These all stemmed from motorcycle accidents. The officer could have done alternative nonphysical exercises like the finger to nose, alphabet, or estimation of time, but chose not to. Instead, he had him do things he wasn't physically capable of doing. Thus, any impairment could have been due to his injuries as easily as alcohol.
Result: The State Dropped the DUI and the firm beat his Second case as well.
Feb 22, 2022 Case: 21-CT-502851 Judge Gagliardi
Facts: The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 22, 2022 Case: 21-CT-502851 Judge Gagliardi
Facts: The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 17, 2022 Case: A7638UE Judge Cuervo
Facts: The defendant was stopped for swerving. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .212 and a .203 in the breath machine.
Defense: Issues were raised by the firm about the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Feb 17, 2022 Case: 21-CT-013649 Judge Moses-Stephens
Facts: The defendant crashed her car into bushes and ended up down an embankment and into a shallow pool of water. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. She then performed poorly on roadside tests and was arrested for DUI. Blood was taken later at the hospital which revealed a blood alcohol result of .155.
Defense: Due to various medical and weight issues, the defendant had difficulty performing roadside tests. Thus, any impairment could have been due to those issues versus alcohol.
Result: The State dropped the DUI.
Feb 17, 2022 Case: A7638UE Judge Cuervo
Facts: The defendant was stopped for swerving. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .212 and a .203 in the breath machine.
Defense: Issues were raised by the firm about the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Feb 17, 2022 Case: 21-CT-013649 Judge Moses-Stephens
Facts: The defendant crashed her car into bushes and ended up down an embankment and into a shallow pool of water. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. She then performed poorly on roadside tests and was arrested for DUI. Blood was taken later at the hospital which revealed a blood alcohol result of .155.
Defense: Due to various medical and weight issues, the defendant had difficulty performing roadside tests. Thus, any impairment could have been due to those issues versus alcohol.
Result: The State dropped the DUI.
Feb 16, 2022 Case: AE62STE Judge Komninos
Facts: The defendant was stopped for failing to maintain a single lane. The officers observed an odor of alcohol, bloodshot eyes, slow/slurred speech, and he swayed. He then performed various field sobriety tests and was arrested for DUI.
Defense: Prior to trial, we pointed out that on tape the defendant did not sway and his speech was normal. Also, there was a lack of probable cause to arrest him based on the evidence.
Result: The State dropped the DUI.
Feb 16, 2022 Case: AE62STE Judge Komninos
Facts: The defendant was stopped for failing to maintain a single lane. The officers observed an odor of alcohol, bloodshot eyes, slow/slurred speech, and he swayed. He then performed various field sobriety tests and was arrested for DUI.
Defense: Prior to trial, we pointed out that on tape the defendant did not sway and his speech was normal. Also, there was a lack of probable cause to arrest him based on the evidence.
Result: The State dropped the DUI.
Feb 14, 2022 Case: 21-CT-011401 Judge Hanser
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of burnt marijuana emanating from his person, bloodshot/glassy eyes, and slurred speech. He also swayed side to side. The defendant admitted to smoking pot earlier in the day. Believing he was impaired by marijuana, he was asked to perform roadside tests. He complied and was then arrested for DUI. He later refused a urine test.
Defense: On video, the defendant's speech was not slurred and he was not swaying. The officer also never clarified how much "earlier" he had smoked the pot. Also, he performed much better on the field sobriety tests on tape versus what was written in the reports.
Result: The State dropped the DUI.

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