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

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 7, 2021 Case: 21-CT-000126 Judge Ritenour
Facts: The defendant was found passed out in his car at an intersection. Upon awakening him, officers observed an odor of alcohol and red/watery eyes. He was then asked to perform various field sobriety tests. He was then arrested for DUI and later blew a .139 and a .134 in the breath machine.
Defense: Without evidence of impairment, such as slurred speech or balance issues, there was no reasonable suspicion of a crime (i.e. DUI) justifying the request for roadside tests.
Result: The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-002584 Judge Farr
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. He also had slurred speech and he admitted to having drank two drinks. After performing roadside tests, he was arrested for DUI. He later blew a .183 and a .171 in the breath machine.
Defense: Prior to any trial date, the firm was able to point out many inconsistencies with the discovery to the State.
Result: The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-001608 Judge Farr
Facts: The defendant was stopped for weaving within his lane multiple times. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having drank two 24 ounce beers and appeared unsteady. After performing field sobriety tests he was arrested for DUI. He later refused the breath test.
Defense: Upon viewing the video, the firm brought it to the State's attention that there was no probable cause to arrest the defendant based on his performance on the roadside tests.
Result: The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-002584 Judge Farr
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy/watery eyes, and a flushed face. He also had slurred speech and he admitted to having drank two drinks. After performing roadside tests, he was arrested for DUI. He later blew a .183 and a .171 in the breath machine.
Defense: Prior to any trial date, the firm was able to point out many inconsistencies with the discovery to the State.
Result: The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-001608 Judge Farr
Facts: The defendant was stopped for weaving within his lane multiple times. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to having drank two 24 ounce beers and appeared unsteady. After performing field sobriety tests he was arrested for DUI. He later refused the breath test.
Defense: Upon viewing the video, the firm brought it to the State's attention that there was no probable cause to arrest the defendant based on his performance on the roadside tests.
Result: The State dropped the DUI.
Oct 7, 2021 Case: 21-CT-000126 Judge Ritenour
Facts: The defendant was found passed out in his car at an intersection. Upon awakening him, officers observed an odor of alcohol and red/watery eyes. He was then asked to perform various field sobriety tests. He was then arrested for DUI and later blew a .139 and a .134 in the breath machine.
Defense: Without evidence of impairment, such as slurred speech or balance issues, there was no reasonable suspicion of a crime (i.e. DUI) justifying the request for roadside tests.
Result: The State dropped the DUI.
Oct 5, 2021 Case: 20-CM-004088 Judge Gutman
Facts: The defendant's boat was boarded by HCSO for a safety inspection, as well as an improper display of the registration on the boat. Upon contact, the officer observed and odor of alcohol, bloodshot eyes, and slurred speech. He then performed roadsides on the boat such as the palm pat and hand coordination exercises. He was then arrested for Boating under the influence (BUI) and he later blew a .128 and a .117 in the breath machine.
Defense: According to the police reports, there were body worn cameras worn by Florida Fish and Wildlife Police officers who were on scene along with the Sheriff's officer. Those videos were not turned over by the police department to the prosecutor.
Result: The State Dropped the Boating Under the Influence.
Oct 5, 2021 Case: 21-CT-001915 Judge Gutman
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have red/glassy eyes, a drowsy appearance, and slow movements. Believing that she was impaired by drugs and not alcohol, she was asked to perform roadside tests. She performed poorly and was arrested for DUI She later refused a urine test.
Defense: Under the Florida DUI statute 316.193, to prove DUI, the State must prove that the defendant was impaired by either alcohol and/or a specific chemical and/or controlled substance. Here, the State could not prove by what specific substances were impairing her.
Result: The DUI was dismissed.
Oct 5, 2021 Case: 20-CM-004088 Judge Gutman
Facts: The defendant's boat was boarded by HCSO for a safety inspection, as well as an improper display of the registration on the boat. Upon contact, the officer observed and odor of alcohol, bloodshot eyes, and slurred speech. He then performed roadsides on the boat such as the palm pat and hand coordination exercises. He was then arrested for Boating under the influence (BUI) and he later blew a .128 and a .117 in the breath machine.
Defense: According to the police reports, there were body worn cameras worn by Florida Fish and Wildlife Police officers who were on scene along with the Sheriff's officer. Those videos were not turned over by the police department to the prosecutor.
Result: The State Dropped the Boating Under the Influence.
Oct 5, 2021 Case: 21-CT-001915 Judge Gutman
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have red/glassy eyes, a drowsy appearance, and slow movements. Believing that she was impaired by drugs and not alcohol, she was asked to perform roadside tests. She performed poorly and was arrested for DUI She later refused a urine test.
Defense: Under the Florida DUI statute 316.193, to prove DUI, the State must prove that the defendant was impaired by either alcohol and/or a specific chemical and/or controlled substance. Here, the State could not prove by what specific substances were impairing her.
Result: The DUI was dismissed.
Oct 4, 2021 Case: 21-CT-007533 Judge Zuckerman
Facts: The defendant was stopped after a call went out about the defendant hitting a construction sign. The officer found the defendant's car and noticed it weaving and speeding. Upon stopping the defendant, the officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant swayed while sitting in her seat. She then performed various field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense: Prior to trial, the firm brought many inconsistencies in the discovery to the State's attention such as conflicts between the video and the police reports.
Result: The State dropped the DUI.
Oct 4, 2021 Case: 21-CT-007995 Judge Zuckerman
Facts: The defendant was stopped for swerving in his lane and his tires hit the lane dividers several times. The officer noticed an odor of alcohol, slurred speech, and red eyes. He also stated he had consumed one drink. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: Due to vagueness written in the specifics of the driving pattern, issues were raised as to the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Oct 4, 2021 Case: 21-CT-007533 Judge Zuckerman
Facts: The defendant was stopped after a call went out about the defendant hitting a construction sign. The officer found the defendant's car and noticed it weaving and speeding. Upon stopping the defendant, the officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant swayed while sitting in her seat. She then performed various field sobriety tests and was arrested for DUI. She later refused the breath test.
Defense: Prior to trial, the firm brought many inconsistencies in the discovery to the State's attention such as conflicts between the video and the police reports.
Result: The State dropped the DUI.
Oct 4, 2021 Case: 21-CT-007995 Judge Zuckerman
Facts: The defendant was stopped for swerving in his lane and his tires hit the lane dividers several times. The officer noticed an odor of alcohol, slurred speech, and red eyes. He also stated he had consumed one drink. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test.
Defense: Due to vagueness written in the specifics of the driving pattern, issues were raised as to the lawfulness of the traffic stop.
Result: The State dropped the DUI.
Oct 1, 2021 Case: 21-CT-003392 Judge Farr
Facts: The defendant was stopped for speeding. The officer detected a strong odor of alcohol, red/watery eyes, and she appeared unsteady. After performing various roadside tests, she was arrested for DUI.
Defense: Issues were raised as to a lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI. The defendant received no conviction on her record.
Result: The State dropped the DUI.
Oct 1, 2021 Case: 2021-306177MMDB Judge Feigenbaum
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, watery eyes, and droopy eyelids. The defendant admitted to having drank 3 or 4 beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
Defense: On video, there were about four officers trying to conduct the DUI investigation. One appeared to be training the other and two others had no clue what was going on. For example, during the HGN(eye test), while one officer was administering the test, the other one was taking notes of the observations. However, the one taking notes was off to the side and couldn't even see the defendant's eyes. While giving the instructions on the walk and turn, the officer was reading off a standard instruction sheet of paper which totally confused the defendant. After reviewing the tape, the State Agreed with the firm and Dropped the DUI.
Result: The State dropped the DUI.
Oct 1, 2021 Case: 21-CT-003392 Judge Farr
Facts: The defendant was stopped for speeding. The officer detected a strong odor of alcohol, red/watery eyes, and she appeared unsteady. After performing various roadside tests, she was arrested for DUI.
Defense: Issues were raised as to a lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI. The defendant received no conviction on her record.
Result: The State dropped the DUI.
Oct 1, 2021 Case: 2021-306177MMDB Judge Feigenbaum
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, watery eyes, and droopy eyelids. The defendant admitted to having drank 3 or 4 beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test.
Defense: On video, there were about four officers trying to conduct the DUI investigation. One appeared to be training the other and two others had no clue what was going on. For example, during the HGN(eye test), while one officer was administering the test, the other one was taking notes of the observations. However, the one taking notes was off to the side and couldn't even see the defendant's eyes. While giving the instructions on the walk and turn, the officer was reading off a standard instruction sheet of paper which totally confused the defendant. After reviewing the tape, the State Agreed with the firm and Dropped the DUI.
Result: The State dropped the DUI.
Sep 30, 2021 Case: 21-CT-008824 Judge Booras
Facts: A concerned citizen dialed 911 stating that the defendant was traveling erratically all over the road. The officer spotted the defendant and conducted a traffic stop. The officer then noticed an odor of alcohol, slurred speech, and he was lethargic in his movements. He then performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Since the officer didn't observe any type of driving pattern, the lawfulness of the stop was called into question.
Result: The State dropped the DUI.

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