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
Call 24/7 Nights, Weekends & Holidays
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OUR RECENT VICTORIES

Nov 2, 2021 Case: 21-CT-027598 Judge Peacock
Facts: The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
Result: The State dropped the DUI.
Nov 2, 2021 Case: 21-CT-027646 Judge Peacock
Facts: The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, glassy eyes, and he swayed while he stood. He also appeared clumsy, and he stumbled. He then performed field sobriety tests and was arrested for DUI. After his arrest, he blew a .205 and a .204 in the breath machine.
Defense: The firm raised probable cause to arrest issues which would have led to suppression of the breath test results.
Result: The State dropped the DUI.
Nov 2, 2021 Case: 21-CT-027598 Judge Peacock
Facts: The defendant was stopped for driving into oncoming traffic. The officer noticed an odor of alcohol, glassy/red eyes, and a fixed gaze. He also had a flushed face and slight slur to his speech. After performing various roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The police report over exaggerated the level of impairment on the roadside tests as compared to the video tape evidence.
Result: The State dropped the DUI.
Nov 1, 2021 Case: 21-CT-024192 Judge Garagozlo
Facts: A caller dialed 911 stating that the defendant was driving eastbound in the westbound lanes. The officer then observed the defendant swerving all over. Officers observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant then performed HGN (test) and was arrested for DUI. He later refused the breath test.
Defense: On video, right before the walk and turn began, it started pouring rain. The officers made no attempt to take the defendant out of the rain and off the highway to give him the opportunity to perform the walk and turn, one leg stand, and any other tests. The officers could be heard saying "we got enough, let’s just go." This was brought the prosecutor's attention along with other issues on the tape.
Result: The State dropped the DUI.
Nov 1, 2021 Case: 21-CT-024192 Judge Garagozlo
Facts: A caller dialed 911 stating that the defendant was driving eastbound in the westbound lanes. The officer then observed the defendant swerving all over. Officers observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant then performed HGN (test) and was arrested for DUI. He later refused the breath test.
Defense: On video, right before the walk and turn began, it started pouring rain. The officers made no attempt to take the defendant out of the rain and off the highway to give him the opportunity to perform the walk and turn, one leg stand, and any other tests. The officers could be heard saying "we got enough, let’s just go." This was brought the prosecutor's attention along with other issues on the tape.
Result: The State dropped the DUI.
Oct 27, 2021 Case: 21-CT-007730 Judge Weis
Facts: The defendant was found by police passed out in his car at a gas station. They found him after a caller dialed 911 stating that the defendant almost struck them in their car, as well as numerous others, and was driving over 100 mph swerving all over. Officers noticed the defendant to have an odor of alcohol, red eyes, they smelled urine, and he had slurred speech. The defendant was also a CDL holder. Due to bizarre behavior exhibited by the defendant, no roadsides were conducted. He was then arrested for DUI and later refused the breath test.
Defense: Since the call was anonymous, there was no reasonable suspicion of a crime justifying ordering the defendant out of the car without any corroboration.
Result: The State dropped the DUI.
Oct 27, 2021 Case: 21-CT-007730 Judge Weis
Facts: The defendant was found by police passed out in his car at a gas station. They found him after a caller dialed 911 stating that the defendant almost struck them in their car, as well as numerous others, and was driving over 100 mph swerving all over. Officers noticed the defendant to have an odor of alcohol, red eyes, they smelled urine, and he had slurred speech. The defendant was also a CDL holder. Due to bizarre behavior exhibited by the defendant, no roadsides were conducted. He was then arrested for DUI and later refused the breath test.
Defense: Since the call was anonymous, there was no reasonable suspicion of a crime justifying ordering the defendant out of the car without any corroboration.
Result: The State dropped the DUI.
Oct 26, 2021 Case: 21-CT-030055 Judge Silverman
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the center console and the defendant admitted to drinking. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Based on the evidence, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Oct 26, 2021 Case: 21-CT-029026 Judge Silverman
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and thick tongued speech. She also appeared confused, used the car door for support, and admitted to having drank 4 drinks. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Many observations such as the defendant's speech and balance issues were contradicted by the officer's body worn camera.
Result: The State dropped the DUI.
Oct 26, 2021 Case: 21-CT-030055 Judge Silverman
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the center console and the defendant admitted to drinking. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Based on the evidence, there was a lack of probable cause to arrest the defendant.
Result: The State dropped the DUI.
Oct 26, 2021 Case: 21-CT-029026 Judge Silverman
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and thick tongued speech. She also appeared confused, used the car door for support, and admitted to having drank 4 drinks. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test.
Defense: Many observations such as the defendant's speech and balance issues were contradicted by the officer's body worn camera.
Result: The State dropped the DUI.
Oct 25, 2021 Case: 21-CT-009397 Judge Panse
Facts: A gas station employee called 911 stating that the defendant appeared intoxicated and was stumbling around. She also stated that he fell to the ground. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and he staggered as he walked. The defendant also had bloodshot eyes and stated he had drank 2 beers. The defendant refused to perform roadside tests and was arrested for DUI. He later blew a.137 and a .137 in the breath machine. This was the defendant's Second DUI.
Defense: Under Florida Statute 901.15, officers must observe every element of the crime. In a DUI, they must first observe the defendant to be either driving or in actual physical control. If they do not, the arrest is unlawful under 901.15. The only exception is if there is a crash, which here there was not. When officers arrived in this case, the defendant was standing outside his car. The firm filed a motion to suppress for an unlawful arrest. Just prior the motion hearing, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Oct 25, 2021 Case: 21-CT-009397 Judge Panse
Facts: A gas station employee called 911 stating that the defendant appeared intoxicated and was stumbling around. She also stated that he fell to the ground. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, and he staggered as he walked. The defendant also had bloodshot eyes and stated he had drank 2 beers. The defendant refused to perform roadside tests and was arrested for DUI. He later blew a.137 and a .137 in the breath machine. This was the defendant's Second DUI.
Defense: Under Florida Statute 901.15, officers must observe every element of the crime. In a DUI, they must first observe the defendant to be either driving or in actual physical control. If they do not, the arrest is unlawful under 901.15. The only exception is if there is a crash, which here there was not. When officers arrived in this case, the defendant was standing outside his car. The firm filed a motion to suppress for an unlawful arrest. Just prior the motion hearing, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Oct 13, 2021 Case: 21-CT-009111 Judge Zuckerman
Facts: The defendant was found passed out in her car slumped over. The car was running and stopped in the middle of a parking lot blocking other cars. Upon awakening her, she was incoherent, had glassy eyes, and her speech was slow and mumbled. She stumbled and had to catch her balance. Believing she was impaired by drugs, she was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a urine test. This was the defendant's Second DUI.
Defense: The firm filed a motion for statement of particulars. This was filed to find out the State's theory of prosecution, as to what drug they were trying to prove was impairing her. In order to prove DUI under Florida Statute 316.193, a defendant must be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here the State could not prove by what specific substance was impairing the defendant.
Result: The State Dismissed the defendant's Second DUI.
Oct 13, 2021 Case: 21-CT-009111 Judge Zuckerman
Facts: The defendant was found passed out in her car slumped over. The car was running and stopped in the middle of a parking lot blocking other cars. Upon awakening her, she was incoherent, had glassy eyes, and her speech was slow and mumbled. She stumbled and had to catch her balance. Believing she was impaired by drugs, she was asked to perform roadside tests to which she refused. She was then arrested for DUI and later refused a urine test. This was the defendant's Second DUI.
Defense: The firm filed a motion for statement of particulars. This was filed to find out the State's theory of prosecution, as to what drug they were trying to prove was impairing her. In order to prove DUI under Florida Statute 316.193, a defendant must be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here the State could not prove by what specific substance was impairing the defendant.
Result: The State Dismissed the defendant's Second DUI.
Oct 12, 2021 Case: 20-CT-013231 Judge Conrad
Facts: The defendant was accused of running a red light and causing a traffic crash. Officers observed the defendant to have an odor of alcohol, glassy eyes, slurred speech, and he was unsteady. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .232 in the breath machine.
Defense: The defense was able to show that the defendant was not the driver at the time of the crash. It was his brother who was driving the car. Due to the reasonable doubt created, and the State not being able to prove who was the driver, the State Dismissed the DUI.
Result: The State Dismissed the DUI.
Oct 12, 2021 Case: 21-CT-000890 Judge Conrad
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant was asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI.
Defense: An officer is required to advise a defendant of adverse consequences if they refuse roadside tests. In this case, that didn't happen, so the refusal to perform the roadside tests would have been excluded from evidence.
Result: The State Dropped the defendant's Third DUI.
Oct 12, 2021 Case: 21-CT-001004 Judge Woodard
Facts: The defendant crashed her car into bushes and a tree on a median. When officers arrived, they observed an odor of alcohol, red/glossy eyes, and she admitted to having drank whiskey. She appeared off balance and stumbled around. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .172 and a .169 in the breath machine.
Defense: Prior to any trial, the firm brought issues up to the State about the severity of the crash and how it could make her look impaired versus alcohol.
Result: The State dropped the DUI.
Oct 12, 2021 Case: 20-CT-013231 Judge Conrad
Facts: The defendant was accused of running a red light and causing a traffic crash. Officers observed the defendant to have an odor of alcohol, glassy eyes, slurred speech, and he was unsteady. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .232 in the breath machine.
Defense: The defense was able to show that the defendant was not the driver at the time of the crash. It was his brother who was driving the car. Due to the reasonable doubt created, and the State not being able to prove who was the driver, the State Dismissed the DUI.
Result: The State Dismissed the DUI.
Oct 12, 2021 Case: 21-CT-000890 Judge Conrad
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant was asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI.
Defense: An officer is required to advise a defendant of adverse consequences if they refuse roadside tests. In this case, that didn't happen, so the refusal to perform the roadside tests would have been excluded from evidence.
Result: The State Dropped the defendant's Third DUI.

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