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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

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

OUR RECENT VICTORIES

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.
Feb 8, 2022 Case: 21-CT-502985 Judge Swett
Facts: The defendant was found by police passed out in his car slumped over the wheel. He was parked on the side of the road in a neighborhood. Police were responding to a suspicious vehicle. Upon awakening him, they noticed an odor of alcohol, he was very disoriented, and had slurred speech. He also had bloodshot eyes and had an unsteady gait. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm announced ready for trial. We pointed out that the defendant could not be in actual physical control because while sleeping he had no "capability" to operate the car.
Result: The State dropped the DUI.
Feb 8, 2022 Case: 21-CT-502985 Judge Swett
Facts: The defendant was found by police passed out in his car slumped over the wheel. He was parked on the side of the road in a neighborhood. Police were responding to a suspicious vehicle. Upon awakening him, they noticed an odor of alcohol, he was very disoriented, and had slurred speech. He also had bloodshot eyes and had an unsteady gait. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The firm announced ready for trial. We pointed out that the defendant could not be in actual physical control because while sleeping he had no "capability" to operate the car.
Result: The State dropped the DUI.
Feb 2, 2022 Case: 20-CT-006706 Judge Jeske
Facts: The defendant was stopped after cutting off a cop on video then speeding past him. Once stopped, the officer noticed an odor of alcohol, red/glassy eyes, and low/mumbled speech. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal.
Result: The State dropped the DUI.
Feb 2, 2022 Case: 21-CT-007620 Judge Farr
Facts: The defendant was found passed out in his car with every air bag deployed. When the officer cut through them to get to the defendant, he asked the defendant what was going on. The defendant stated that he was "just hanging out." The officer smelled an odor of alcohol, his speech was incoherent, and he was disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .115 and a .114 in the breath machine.
Defense: After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 2, 2022 Case: 21-CT-005715 Judge Farr
Facts: The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170 and a .170 in the breath machine.
Defense: The firm raised issues that the defendant's videotape contradicted his breath test results. It was clear that his breath alcohol content (BAC) may have been lower at the time of driving and that he may have been absorbing alcohol at the time of driving.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-007729 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one-way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and exaggerated movements. He also displayed unsteadiness while walking and standing. The defendant then performed the walk and turn and finger to nose exercises. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: On video, the defendant told the officer numerous times about medical issues he suffered from. The medical issues he spoke about caused doubt as to whether his impairment was due to medical issues or alcohol.
Result: The State Dropped the defendant's Second DUI.
Feb 2, 2022 Case: 21-CT-005301 Judge Farr
Facts: The defendant was found passed out in her car. When officers got her to wake up, they noticed an odor of alcohol, an odor of burnt marijuana, and bloodshot eyes. She then performed roadside tests and was arrested for DUI. She later blew a .162 and a .153 in the breath machine.
Defense: Issues were raised by the firm as to whether the defendant could have been legally in actual physical control while she was sleeping. While asleep, she had no "capability" to operate the car.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-001632 Judge Jeske
Facts: The defendant was the at fault driver in a crash whereby she failed to yield and struck another car. Officers observed the defendant to have an odor of alcohol, slurred speech, and made inconsistent statements. She then refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense: Under Florida law, an officer must advise a defendant of adverse consequences if they refuse to perform roadside tests. Here, the officer did not, so the refusal would have been excluded from evidence.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 21-CM-004471 Judge Taylor
Facts: The defendant was seen speeding and driving close behind another car which was driven by his wife. The defendant got out and was screaming at his wife. Officers were on scene and broke up the argument. They noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then performed various roadside tests and was arrested for DUI. He later blew a .123 and a .119 in the breath machine.
Defense: After several conversations with the prosecutor, we pointed out that the argument between the defendant and his wife was a misunderstanding which led to the defendant being detained for DUI. The State later Dropped the DUI.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-007817 Judge Jeske
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant stated he consumed "maybe 1, 2 or 3 drinks." The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: On tape, prior to performing the roadsides, the defendant stated he had hip issues which would cause him to have problems on the walk and turn and one leg stand. The officer disregarded that and still had him do them. The evidence of impairment could have just as easily been attributed to hip problems versus alcohol.
Result: The State dropped the DUI.
Feb 2, 2022 Case: 21-CT-005299 Judge Farr
Facts: The defendant was stopped for speeding, weaving, and making a wide turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant attempted roadside tests then refused. He was then arrested for DUI and later refused the breath test.
Defense: The defendant told the officer he had surgery a few years back and might have difficulty doing the roadside exercises. The officer immediately stated he was refusing the tests and arrested him for DUI.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 21-CM-004471 Judge Taylor
Facts: The defendant was seen speeding and driving close behind another car which was driven by his wife. The defendant got out and was screaming at his wife. Officers were on scene and broke up the argument. They noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He then performed various roadside tests and was arrested for DUI. He later blew a .123 and a .119 in the breath machine.
Defense: After several conversations with the prosecutor, we pointed out that the argument between the defendant and his wife was a misunderstanding which led to the defendant being detained for DUI. The State later Dropped the DUI.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 21-CT-007620 Judge Farr
Facts: The defendant was found passed out in his car with every air bag deployed. When the officer cut through them to get to the defendant, he asked the defendant what was going on. The defendant stated that he was "just hanging out." The officer smelled an odor of alcohol, his speech was incoherent, and he was disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .115 and a .114 in the breath machine.
Defense: After several negotiations with the State discussing various inconsistencies in the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 2, 2022 Case: 21-CT-005715 Judge Farr
Facts: The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .170 and a .170 in the breath machine.
Defense: The firm raised issues that the defendant's videotape contradicted his breath test results. It was clear that his breath alcohol content (BAC) may have been lower at the time of driving and that he may have been absorbing alcohol at the time of driving.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-007729 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one-way street. The officer noticed the defendant to have an odor of alcohol, slurred speech, and exaggerated movements. He also displayed unsteadiness while walking and standing. The defendant then performed the walk and turn and finger to nose exercises. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: On video, the defendant told the officer numerous times about medical issues he suffered from. The medical issues he spoke about caused doubt as to whether his impairment was due to medical issues or alcohol.
Result: The State Dropped the defendant's Second DUI.
Feb 2, 2022 Case: 21-CT-005299 Judge Farr
Facts: The defendant was stopped for speeding, weaving, and making a wide turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant attempted roadside tests then refused. He was then arrested for DUI and later refused the breath test.
Defense: The defendant told the officer he had surgery a few years back and might have difficulty doing the roadside exercises. The officer immediately stated he was refusing the tests and arrested him for DUI.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 21-CT-005301 Judge Farr
Facts: The defendant was found passed out in her car. When officers got her to wake up, they noticed an odor of alcohol, an odor of burnt marijuana, and bloodshot eyes. She then performed roadside tests and was arrested for DUI. She later blew a .162 and a .153 in the breath machine.
Defense: Issues were raised by the firm as to whether the defendant could have been legally in actual physical control while she was sleeping. While asleep, she had no "capability" to operate the car.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-001632 Judge Jeske
Facts: The defendant was the at fault driver in a crash whereby she failed to yield and struck another car. Officers observed the defendant to have an odor of alcohol, slurred speech, and made inconsistent statements. She then refused to perform field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense: Under Florida law, an officer must advise a defendant of adverse consequences if they refuse to perform roadside tests. Here, the officer did not, so the refusal would have been excluded from evidence.
Result: The State Dropped the DUI.
Feb 2, 2022 Case: 20-CT-006706 Judge Jeske
Facts: The defendant was stopped after cutting off a cop on video then speeding past him. Once stopped, the officer noticed an odor of alcohol, red/glassy eyes, and low/mumbled speech. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: On tape, the defendant felt scared like he was being profiled. Also, he didn't appear unsteady and his speech seemed normal.
Result: The State dropped the DUI.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.