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
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OUR RECENT VICTORIES

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 1, 2022 Case: 21-Ct-008607 Judge Conrad
Facts: The defendant was stopped after he allegedly cut a cop off and drove into oncoming traffic. The officer observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He admitted to consuming a few drinks and wore a wristband from a bar. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage.
Result: The State Dropped the defendant's Second DUI.
Feb 1, 2022 Case: 21-Ct-011194 Judge Conrad
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having drank 4 beers. After performing various field sobriety tests, she was arrested for DUI. She later blew a .153 and a .153 in the breath machine.
Defense: After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI.
Result: The State dropped the DUI.
Feb 1, 2022 Case: 21-CT-013118 Judge Conrad
Facts: The defendant was stopped after making a right turn from the far left lane. The officer observed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense: The firm pointed out to the State that there was no probable cause to arrest the defendant. The level of impairment written in the reports was contradicted by the video tape. The State Dropped the defendant's Third DUI.
Result: The State dropped the DUI.
Feb 1, 2022 Case: 21-CT-010337 Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, she admitted to having consumed two vodka drinks. After performing various field sobriety tests, she was arrested for DUI. She later blew a .115 and a .104 in the breath machine.
Defense: After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video.
Result: The State dropped the DUI.
Feb 1, 2022 Case: 21-Ct-008607 Judge Conrad
Facts: The defendant was stopped after he allegedly cut a cop off and drove into oncoming traffic. The officer observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and slurred speech. He admitted to consuming a few drinks and wore a wristband from a bar. After performing field sobriety tests, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: After the firm reviewed all the discovery, we pointed out various contradictions within the reports and also the reports compared to the video footage.
Result: The State Dropped the defendant's Second DUI.
Feb 1, 2022 Case: 21-Ct-011194 Judge Conrad
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having drank 4 beers. After performing various field sobriety tests, she was arrested for DUI. She later blew a .153 and a .153 in the breath machine.
Defense: After several rounds of talks with the prosecutor, the firm was able to get the State to Drop the DUI.
Result: The State dropped the DUI.
Feb 1, 2022 Case: 21-CT-013118 Judge Conrad
Facts: The defendant was stopped after making a right turn from the far left lane. The officer observed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused the breath test. This was the defendant's Third DUI.
Defense: The firm pointed out to the State that there was no probable cause to arrest the defendant. The level of impairment written in the reports was contradicted by the video tape. The State Dropped the defendant's Third DUI.
Result: The State dropped the DUI.
Feb 1, 2022 Case: 21-CT-010337 Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, she admitted to having consumed two vodka drinks. After performing various field sobriety tests, she was arrested for DUI. She later blew a .115 and a .104 in the breath machine.
Defense: After viewing the video tape of the defendant's roadsides, there were many inconsistencies between the reports and the video.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-047877 Judge Atkin
Facts: The defendant was stopped after she was swerving all over the road and into oncoming traffic. She also forced another car off the road. Officers observed an odor of alcohol, dilated/watery eyes, and slow movements. She then performed roadside tests and was arrested for DUI. She later blew a .146 and a .144 in the breath machine.
Defense: After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-044261 Judge Atkin
Facts: A concerned citizen called 911 stating that the defendant was driving on the center lane, drifting into opposing lanes, and nearly crashing. Officers made contact with the defendant and noticed an odor of alcohol, he stated he had drank a couple of beers, had slurred speech, and bloodshot eyes. He also had urinated on himself. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-037775 Judge Atkin
Facts: The defendant was approached by the police after he was sitting in his car at an intersection for 30 seconds without moving. The defendant was passed out and the officer had to make several attempts to awaken him. The officer then opened the door and got the defendant to wake up. He noticed an odor of alcohol, mumbling speech, and he admitted to having dank 4 cocktails. Once out the car, he was very unsteady and clumsy. After performing various field sobriety tests, he was arrested for DUI. He later blew a .145 and a .143 in the breath machine.
Defense: Issues were raised about the lawfulness of the initial detention. We put forth that the officer had no right to open the defendant's door as that was an illegal seizure.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-044261 Judge Atkin
Facts: A concerned citizen called 911 stating that the defendant was driving on the center lane, drifting into opposing lanes, and nearly crashing. Officers made contact with the defendant and noticed an odor of alcohol, he stated he had drank a couple of beers, had slurred speech, and bloodshot eyes. He also had urinated on himself. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Due to a lack of corroboration of the driving pattern, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-047877 Judge Atkin
Facts: The defendant was stopped after she was swerving all over the road and into oncoming traffic. She also forced another car off the road. Officers observed an odor of alcohol, dilated/watery eyes, and slow movements. She then performed roadside tests and was arrested for DUI. She later blew a .146 and a .144 in the breath machine.
Defense: After several conversations with the State about discrepancies between the written reports and the video, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2022 Case: 21-CT-037775 Judge Atkin
Facts: The defendant was approached by the police after he was sitting in his car at an intersection for 30 seconds without moving. The defendant was passed out and the officer had to make several attempts to awaken him. The officer then opened the door and got the defendant to wake up. He noticed an odor of alcohol, mumbling speech, and he admitted to having dank 4 cocktails. Once out the car, he was very unsteady and clumsy. After performing various field sobriety tests, he was arrested for DUI. He later blew a .145 and a .143 in the breath machine.
Defense: Issues were raised about the lawfulness of the initial detention. We put forth that the officer had no right to open the defendant's door as that was an illegal seizure.
Result: The State dropped the DUI.
Jan 26, 2022 Case: 21-CT-006796 Judge Allen
Facts: The defendant was the at fault driver in a rear end crash. Her car then exploded into flames. Officers observed her to have an odor of alcohol, slurred/mumbled speech, and she admitted to having dank two tequila drinks. She was then asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused the breath test.
Defense: When a defendant refuses to perform roadside tests, the officer must give adverse consequences. Here, they did not so the refusal to perform roadside tests would have been excluded from evidence. Also, on tape, the defendant’s speech was not mumbled or slurred. The firm pointed all this out to the prosecutor and the State Dismissed the DUI.
Result: The DUI was dismissed.
Jan 26, 2022 Case: 21-CT-006796 Judge Allen
Facts: The defendant was the at fault driver in a rear end crash. Her car then exploded into flames. Officers observed her to have an odor of alcohol, slurred/mumbled speech, and she admitted to having dank two tequila drinks. She was then asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused the breath test.
Defense: When a defendant refuses to perform roadside tests, the officer must give adverse consequences. Here, they did not so the refusal to perform roadside tests would have been excluded from evidence. Also, on tape, the defendant’s speech was not mumbled or slurred. The firm pointed all this out to the prosecutor and the State Dismissed the DUI.
Result: The DUI was dismissed.
Jan 25, 2022 Case: 21-CT-002328 Judge Conrad
Facts: The defendant was found passed out in her car in the middle of the roadway. Paramedics were on scene, as well as the police. Officers observed the defendant to have noticeable amount of mucus coming from her nose and her speech was unintelligible. She lost consciousness numerous times, had a blank stare, appeared confused, and was also crying at times. The defendant was transported to the hospital. At the hospital, the officer tried to do HGN (eye test), but the defendant couldn't follow the stimulus. Unable to interview her or gain consent for a blood draw due to the defendant losing consciousness, the officer had a nurse take the defendant's blood. That blood was sent to the FDLE lab and yielded blood alcohol concentration results of .432 and .429 (over 5 times the legal limit).
Defense: Parks & Braxton filed a pretrial motion to suppress the blood test results. In our motion, we alleged the officer had no "reasonable cause" under Florida Statute 316.1932 (c) to believe that the defendant was under the influence of alcohol, a chemical and/or controlled substance. No odor of alcohol was ever detected and no drugs were found. In addition, the officers on scene were constantly mentioning medical issues, and not DUI (or in police terms signal one). Prior to any motion hearing, the State Dropped the DUI in which the defendant's blood alcohol level was over 5 times the legal limit.
Result: The State dropped the DUI.
Jan 25, 2022 Case: 21-CT-002328 Judge Conrad
Facts: The defendant was found passed out in her car in the middle of the roadway. Paramedics were on scene, as well as the police. Officers observed the defendant to have noticeable amount of mucus coming from her nose and her speech was unintelligible. She lost consciousness numerous times, had a blank stare, appeared confused, and was also crying at times. The defendant was transported to the hospital. At the hospital, the officer tried to do HGN (eye test), but the defendant couldn't follow the stimulus. Unable to interview her or gain consent for a blood draw due to the defendant losing consciousness, the officer had a nurse take the defendant's blood. That blood was sent to the FDLE lab and yielded blood alcohol concentration results of .432 and .429 (over 5 times the legal limit).
Defense: Parks & Braxton filed a pretrial motion to suppress the blood test results. In our motion, we alleged the officer had no "reasonable cause" under Florida Statute 316.1932 (c) to believe that the defendant was under the influence of alcohol, a chemical and/or controlled substance. No odor of alcohol was ever detected and no drugs were found. In addition, the officers on scene were constantly mentioning medical issues, and not DUI (or in police terms signal one). Prior to any motion hearing, the State Dropped the DUI in which the defendant's blood alcohol level was over 5 times the legal limit.
Result: The State dropped the DUI.
Jan 24, 2022 Case: AEUO4AE Judge Vaccaro
Facts: An ambulance observed the defendant swerving all over the roadway. They used their air horn to try to get the defendant to stop. When the defendant stopped, paramedics from the ambulance went to check on her. Police were called and when they arrived, they observed the defendant to have slurred/mumbled speech, bloodshot/glassy eyes, and she spontaneously stated she had taken a Xanax. The defendant appeared incoherent at times. She was taken to the hospital. Believing that she was impaired by drugs, a blood draw was done. The blood results yielded a positive result for Xanax. The defendant was charged with DUI. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton pointed out numerous inconsistencies in the police reports. For example, one officer stated they observed an odor of alcohol coming from the defendant, while the arresting officer stated there was no odor, Also, when one is under the influence of Xanax (a CNS depressant), officers would see HGN or VGN in the defendant eyes (i.e. nystagmus). Here, there was neither.
Result: The State dropped the DUI.

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