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

Jan 24, 2022 Case: 21-CT-001924 Judge Poblick
Facts: Police received a call about the defendant driving southbound in the northbound lane of travel. When police found the defendant, he was parked in a 7-11 parking lot. Officers observed him to have an odor of alcohol, watery eyes, and slurred speech. He stumbled outside the car and also had an orbital sway. The defendant agreed to perform various roadside tests such as the HGN (eye test) and walk and turn. He was then arrested for DUI. He later refused the breath test.
Defense: The firm called into question the lawfulness of the initial contact. Other than the traffic infraction, there was no reasonable suspicion justifying ordering the defendant out of his car.
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.
Jan 24, 2022 Case: 21-CT-001924 Judge Poblick
Facts: Police received a call about the defendant driving southbound in the northbound lane of travel. When police found the defendant, he was parked in a 7-11 parking lot. Officers observed him to have an odor of alcohol, watery eyes, and slurred speech. He stumbled outside the car and also had an orbital sway. The defendant agreed to perform various roadside tests such as the HGN (eye test) and walk and turn. He was then arrested for DUI. He later refused the breath test.
Defense: The firm called into question the lawfulness of the initial contact. Other than the traffic infraction, there was no reasonable suspicion justifying ordering the defendant out of his car.
Result: The State dropped the DUI.
Jan 20, 2022 Case: AEBM9GE Judge Komninos
Facts: The defendant was stopped after callers stated the defendant was intoxicated in a city parking lot. Officers observed the defendant to have an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He also appeared unsteady and gait ataxia. After refusing roadside tests, he was arrested for DUI. He later refused a breath test.
Defense: Due to the vagueness of the call and lack of driving pattern, the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Jan 20, 2022 Case: AEBM9GE Judge Komninos
Facts: The defendant was stopped after callers stated the defendant was intoxicated in a city parking lot. Officers observed the defendant to have an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He also appeared unsteady and gait ataxia. After refusing roadside tests, he was arrested for DUI. He later refused a breath test.
Defense: Due to the vagueness of the call and lack of driving pattern, the lawfulness of the stop was called into question.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-040051 Judge Garagozlo
Facts: The defendant was stopped for weaving and speeding. The officers observed an odor of alcohol, slow/slurred speech, and he fumbled around. While outside the car, he swayed while he stood and had bloodshot eyes. After performing various field sobriety tests, such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense: The firm pointed out various inconsistencies between the video and police reports.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-009011SC Judge Galen
Facts: The defendant was found by police in a lane of travel with a missing front left tire and the entire hub assembly was missing. Also, the rear left tire was flat. The officer concluded, without any witnesses, that the defendant failed to maintain a single lane, drove off the road, and hopped the median causing disabling damage. Officers noticed the defendant to have an odor of alcohol, red/watery eyes, and he would trip over his words. He admitted to having drank 5 Bacardi and Cokes. The defendant had prominent "gait ataxia" and would stagger as he walked. After performing field sobriety tests, he was arrested for DUI. He later blew a .197 and a .189 in the breath machine.
Defense: The firm pointed out to the State that the defendant couldn't be in "actual physical control "of a disabled (inoperable) vehicle.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-045326 Judge Jacobus
Facts: A homeowner called police that they believed the defendant was impaired has he kept driving in their yard. Police were called and they made contact with the defendant in the homeowner's front yard. Officers noticed an odor of alcohol, he stated he had drank 3 beers, and his movements were slow. His eyes were glassy and he seemed confused. He performed poorly on roadside tests and was arrested for DUI. He later blew a .161 and a .155 in the breath machine.
Defense: After pretrial discussions, the firm pointed out that the officer had no right to order the defendant out of the car without any corroborating evidence of impairment.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-009011SC Judge Galen
Facts: The defendant was found by police in a lane of travel with a missing front left tire and the entire hub assembly was missing. Also, the rear left tire was flat. The officer concluded, without any witnesses, that the defendant failed to maintain a single lane, drove off the road, and hopped the median causing disabling damage. Officers noticed the defendant to have an odor of alcohol, red/watery eyes, and he would trip over his words. He admitted to having drank 5 Bacardi and Cokes. The defendant had prominent "gait ataxia" and would stagger as he walked. After performing field sobriety tests, he was arrested for DUI. He later blew a .197 and a .189 in the breath machine.
Defense: The firm pointed out to the State that the defendant couldn't be in "actual physical control "of a disabled (inoperable) vehicle.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-045326 Judge Jacobus
Facts: A homeowner called police that they believed the defendant was impaired has he kept driving in their yard. Police were called and they made contact with the defendant in the homeowner's front yard. Officers noticed an odor of alcohol, he stated he had drank 3 beers, and his movements were slow. His eyes were glassy and he seemed confused. He performed poorly on roadside tests and was arrested for DUI. He later blew a .161 and a .155 in the breath machine.
Defense: After pretrial discussions, the firm pointed out that the officer had no right to order the defendant out of the car without any corroborating evidence of impairment.
Result: The State dropped the DUI.
Jan 19, 2022 Case: 21-CT-040051 Judge Garagozlo
Facts: The defendant was stopped for weaving and speeding. The officers observed an odor of alcohol, slow/slurred speech, and he fumbled around. While outside the car, he swayed while he stood and had bloodshot eyes. After performing various field sobriety tests, such as the walk and turn and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense: The firm pointed out various inconsistencies between the video and police reports.
Result: The State dropped the DUI.
Jan 18, 2022 Case: 21-CF-000595 Judge Roby
Facts: The defendant was involved in a one car accident whereby she crashed into a parked vehicle. When officers arrived, they noticed the defendant to have an odor alcohol, slurred speech, and glossy eyes. She also seemed very confused. She then refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Fourth DUI and she was charged by the State with Felony DUI.
Defense: Parks & Braxton took pretrial depositions of the two officers. In depo, they contradicted themselves numerous times and also each had a very vague recollection of the specific facts upon our questioning. After taking the depos, the State then Dismissed the Defendant's Felony Fourth DUI.
Result: The DUI was dismissed.
Jan 18, 2022 Case: 21-CT-001566 Judge Burns
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, a lack of dexterity, and he stated he had consumed one drink. He also had bloodshot eyes and fumbled with his documents. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: arrest him. The State agreed and the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Jan 18, 2022 Case: 21-CT-001566 Judge Burns
Facts: The defendant was stopped for speeding. The defendant had an odor of alcohol, a lack of dexterity, and he stated he had consumed one drink. He also had bloodshot eyes and fumbled with his documents. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: arrest him. The State agreed and the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Jan 18, 2022 Case: 21-CF-000595 Judge Roby
Facts: The defendant was involved in a one car accident whereby she crashed into a parked vehicle. When officers arrived, they noticed the defendant to have an odor alcohol, slurred speech, and glossy eyes. She also seemed very confused. She then refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Fourth DUI and she was charged by the State with Felony DUI.
Defense: Parks & Braxton took pretrial depositions of the two officers. In depo, they contradicted themselves numerous times and also each had a very vague recollection of the specific facts upon our questioning. After taking the depos, the State then Dismissed the Defendant's Felony Fourth DUI.
Result: The DUI was dismissed.
Jan 12, 2022 Case: 21-CT-0111727 Judge Dominguez for Oster
Facts: The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but they noticed glossy eyes, and lethargic behavior. She was sweating profusely and was unsteady. Believing she was impaired by drugs, she then performed roadside tests. She performed poorly on tape and was arrested for DUI. She later refused a urine test.
Defense: For the State to prove a DUI under 316.193 (DUI Statute), the defendant must be impaired by alcohol and/or a specific chemical and/or controlled substance. Here, they could not prove that she was impaired by any specific substance.
Result: The DUI was dismissed.
Jan 12, 2022 Case: 21-CT-000801 Judge Dubois
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, red/glassy eyes, and the defendant admitted to having drank. He also stumbled and appeared cocky. He was then asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton announced ready for trial. Prior to trial, it was pointed out to the State that on tape the officer misinformed the defendant about the law relating to roadside tests. In addition, he never stumbled and actually appeared sober. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 12, 2022 Case: 21-CT-0111727 Judge Dominguez for Oster
Facts: The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but they noticed glossy eyes, and lethargic behavior. She was sweating profusely and was unsteady. Believing she was impaired by drugs, she then performed roadside tests. She performed poorly on tape and was arrested for DUI. She later refused a urine test.
Defense: For the State to prove a DUI under 316.193 (DUI Statute), the defendant must be impaired by alcohol and/or a specific chemical and/or controlled substance. Here, they could not prove that she was impaired by any specific substance.
Result: The DUI was dismissed.
Jan 12, 2022 Case: 21-CT-000801 Judge Dubois
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, red/glassy eyes, and the defendant admitted to having drank. He also stumbled and appeared cocky. He was then asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton announced ready for trial. Prior to trial, it was pointed out to the State that on tape the officer misinformed the defendant about the law relating to roadside tests. In addition, he never stumbled and actually appeared sober. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 11, 2022 Case: AE8M8EE Judge Lawhorne
Facts: An individual working at a bar where the defendant was drinking stated she appeard intoxicated and attempted to get her an Uber. The defendant refused and drove off. Officers spotted the defendant driving and stopped her. They noticed an odor of alcohol, and glassy/watery eyes. After going back and forth with the officers, she performed field sobriety tests. She did not perform to their satisfaction and was arrested for DUI. She later refused the breath test.
Defense: The initial call leading to the traffic stop was vague and only had a conclusory statement that the defendant appeared intoxicated. Without more details, the stop was not corroborated and unlawful.
Result: The State dropped the DUI.

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