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

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.
Sep 24, 2021 Case: 21-CT-003572 Judge Conrad
Facts: The defendant was stopped for driving without headlights at night. Officers observed an odor of alcohol, slurred speech, and difficulty following instructions.. She appeared unsteady, uncoordinated, and swayed. She performed various roadside tasks such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense: Many of the observations written by the officers were over exaggerated as compared to what can be viewed from the body worn cameras worn by the officers.
Result: The State dropped the DUI.
Sep 24, 2021 Case: 21-CT-003572 Judge Conrad
Facts: The defendant was stopped for driving without headlights at night. Officers observed an odor of alcohol, slurred speech, and difficulty following instructions.. She appeared unsteady, uncoordinated, and swayed. She performed various roadside tasks such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense: Many of the observations written by the officers were over exaggerated as compared to what can be viewed from the body worn cameras worn by the officers.
Result: The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-022318 Judge T. Brown
Facts: The defendant was stopped after driving on the white solid line and cutting across five lanes of travel. Officers noticed the defendant to have an odor of alcohol, dilated/watery eyes, and he had to shuffle around to find his documents. The defendant denied having anything to drink. His speech was mumbled and he was slow in his movements. After performing various roadside tests such as the finger to nose and one leg stand, he was arrested for DUI. He later refused the breath test.
Defense: The lawfulness of the stop was called into question as the specifics of the driving pattern were vague and no traffic seemed to be affected.
Result: The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-026157 Judge T. Brown
Facts: A concerned citizen called 911 stating that the defendant was driving recklessly by failing to maintain a single lane. When the officer spotted the defendant, he was drifting between three lanes of travel affecting other traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Many observations written by the officer were contradicted by the video tape leading to credibility issues.
Result: The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-022318 Judge T. Brown
Facts: The defendant was stopped after driving on the white solid line and cutting across five lanes of travel. Officers noticed the defendant to have an odor of alcohol, dilated/watery eyes, and he had to shuffle around to find his documents. The defendant denied having anything to drink. His speech was mumbled and he was slow in his movements. After performing various roadside tests such as the finger to nose and one leg stand, he was arrested for DUI. He later refused the breath test.
Defense: The lawfulness of the stop was called into question as the specifics of the driving pattern were vague and no traffic seemed to be affected.
Result: The State dropped the DUI.
Sep 23, 2021 Case: 21-CT-026157 Judge T. Brown
Facts: A concerned citizen called 911 stating that the defendant was driving recklessly by failing to maintain a single lane. When the officer spotted the defendant, he was drifting between three lanes of travel affecting other traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Many observations written by the officer were contradicted by the video tape leading to credibility issues.
Result: The State dropped the DUI.
Sep 21, 2021 Case: 21-CT-005076 Judge Conrad
Facts: The defendant was stopped for failure to maintain a single lane. Once stopped, the officer noticed an odor of alcohol, slurred speech, and red eyes. She also swayed while she stood. After performing roadsides, she was arrested for DUI. She later blew a .191 and a .189 in the breath machine.
Defense: The legality of the traffic stop was called into question after a review of the video and police reports.
Result: The State dropped the DUI.
Sep 21, 2021 Case: AEL8FXE Judge Bedinghaus
Facts: The defendant was stopped for weaving and drifting in her lane. The officer observed an odor of alcohol, slurred speech, and she fumbled with her documents. She also had a flushed face and watery eyes. After performing various field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: Due to the lack of specificity written by the officer about the field sobriety tests, there was a lack of probable cause.
Result: The State dropped the DUI.
Sep 21, 2021 Case: 21-CT-005076 Judge Conrad
Facts: The defendant was stopped for failure to maintain a single lane. Once stopped, the officer noticed an odor of alcohol, slurred speech, and red eyes. She also swayed while she stood. After performing roadsides, she was arrested for DUI. She later blew a .191 and a .189 in the breath machine.
Defense: The legality of the traffic stop was called into question after a review of the video and police reports.
Result: The State dropped the DUI.
Sep 21, 2021 Case: AEL8FXE Judge Bedinghaus
Facts: The defendant was stopped for weaving and drifting in her lane. The officer observed an odor of alcohol, slurred speech, and she fumbled with her documents. She also had a flushed face and watery eyes. After performing various field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: Due to the lack of specificity written by the officer about the field sobriety tests, there was a lack of probable cause.
Result: The State dropped the DUI.
Sep 20, 2021 Case: 19-029972MU10A Judge Carpenter-Toye
Facts: The defendant was the at fault driver in crash. He made made a wide turn and hit another car. Officers observed an odor of alcohol, slow/slurred speech, and he swayed while he stood. He also had watery eyes and and he would repeat things as he spoke. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: When a defendant refuses to perform roadside tests the officer must advise the defendant of adverse consequences before the refusal may be admitted into evidence. In this case, the firm filed a motion to exclude the refusal because the officer did not follow the law. The Judge granted the motion and the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 20, 2021 Case: 19-029972MU10A Judge Carpenter-Toye
Facts: The defendant was the at fault driver in crash. He made made a wide turn and hit another car. Officers observed an odor of alcohol, slow/slurred speech, and he swayed while he stood. He also had watery eyes and and he would repeat things as he spoke. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: When a defendant refuses to perform roadside tests the officer must advise the defendant of adverse consequences before the refusal may be admitted into evidence. In this case, the firm filed a motion to exclude the refusal because the officer did not follow the law. The Judge granted the motion and the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 17, 2021 Case: 20-010874MU10A Judge Levy
Facts: The defendant was the at fault driver in a crash. He made an improper turn and failed to yield the right of way. The officer observed the defendant to have an odor of alcohol, slurred speech, and he had no idea what had happened. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Under Florida law, one can only be asked for a breath test after being arrested for DUI. Here, the officer improperly asked the defendant for a breath test prior to arrest. The firm also filed pretrial motions to exclude statements that were taken in violation of Miranda and also a motion to exclude the refusal to perform roadsides. The firm took pretrial depositions of the witnesses in which there were many inconsistent statements made by the officers. The State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Sep 17, 2021 Case: 20-010874MU10A Judge Levy
Facts: The defendant was the at fault driver in a crash. He made an improper turn and failed to yield the right of way. The officer observed the defendant to have an odor of alcohol, slurred speech, and he had no idea what had happened. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Under Florida law, one can only be asked for a breath test after being arrested for DUI. Here, the officer improperly asked the defendant for a breath test prior to arrest. The firm also filed pretrial motions to exclude statements that were taken in violation of Miranda and also a motion to exclude the refusal to perform roadsides. The firm took pretrial depositions of the witnesses in which there were many inconsistent statements made by the officers. The State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Sep 15, 2021 Case: 19-CT-001292 Judge Gould
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor alcohol, the defendant admitted to having drank a mojito, he had thick tongued speech and glassy eyes. After performing various field sobriety tests such as the one leg stand and walk and turn, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine.
Defense: Prior to trial, the firm uncovered various documents on the particular breath machine that the defendant blew into. It showed that the officers never did the required inspections and the machine failed many times. A week prior to the trial date, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 15, 2021 Case: 19-CT-001292 Judge Gould
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor alcohol, the defendant admitted to having drank a mojito, he had thick tongued speech and glassy eyes. After performing various field sobriety tests such as the one leg stand and walk and turn, he was arrested for DUI. He later blew a .127 and a .126 in the breath machine.
Defense: Prior to trial, the firm uncovered various documents on the particular breath machine that the defendant blew into. It showed that the officers never did the required inspections and the machine failed many times. A week prior to the trial date, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-031827 Judge Jacobus
Facts: The defendant was stopped for a traffic infraction by a local police department officer. He then called for the Sheriff's office to conduct a DUI investigation. Officers observed an odor of alcohol, watery eyes, and he seemed confused. After performing the field sobriety tests, he was arrested for DUI. He later blew. a .152 and a .149 in the breath machine.
Defense: The defendant was detained longer than necessary for the initial officer to write the traffic ticket. Thus, the issue was raised by the firm whether he was unlawfully detained too long for the DUI cop to arrive.
Result: The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-017703 Judge Atkin
Facts: The defendant was stopped for driving the wrong way on the road and almost causing a head on collision. Officers observed the defendant to have an odor of alcohol, glassy eyes, and slow speech. The defendant staggered and admitted to having drank whiskey. Due to his intoxication level, roadside tests were not conducted for safety reasons. He was then arrested for DUI and later blew a .228 and a .222 in the breath machine.
Defense: After extensive negotiations and the firm pointing out some inconsistencies in the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 14, 2021 Case: 21-CT-023554 Judge Jacobus
Facts: The defendant was the at fault driver in a parking lot fender bender. The eyewitness at the scene identified the defendant as the driver. The defendant and her friend then switched seats. When officers made contact, the defendant was now in the passenger seat. She was asked to step out of the car. Once out, officers observed her to have an odor of alcohol, mumbling speech, and slow movements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: The defendant denied ever being the initial driver involved in the crash. Questions were then raised by the firm as to the accuracy of the eyewitness’s identification.
Result: The State dropped the DUI.

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