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

Aug 31, 2021 Case: 21-CT-010804 Judge Friedland
Facts: The defendant was stopped for speeding. The defendant failed to stop within a reasonable time after the officer turned on his police lights. The officer then observed an odor of alcohol, red/watery eyes, and he lacked motor skills. The defendant stated he drank 2 beers and 3 Vegas Bomb shots. After performing roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: Many of the observations written by the officer were contradicted by the dash camera video tape.
Result: The State dropped the DUI.
Aug 31, 2021 Case: 20-CT-038546 Judge Friedland
Facts: The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and red/glassy eyes. The defendant was then taken to the hospital where she refused to provide a blood sample. She was then charged with DUI. This was the defendant's Second DUI.
Defense: The officers’ reports contradicted each other. In one report, he wrote that the defendant had mumbled speech, but in another one he wrote the defendant had good speech. Due to the fact that the defendant was not the cause of crash, no roadsides were conducted, and the officer's credibility was called into question, there was a lack of probable cause to arrest the defendant. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Aug 31, 2021 Case: 21-MM-010014 Judge Friedland
Facts: The defendant was stopped after a caller told 911 that the defendant was "high as a kite." When officers made contact, they observed the defendant to have slow/slurred speech and slow/lethargic movements. Believing he was impaired by drugs and not alcohol, he was asked to perform roadside tests. He performed very poorly and was arrested for DUI. He later refused a urine test.
Defense: Under Florida law (Fla. Statute 316.193) to prove a DUI, the State must prove that a defendant be impaired by alcohol, and/or a specific chemical and/or controlled substance. Here, the State could not prove either of the above. One cannot just be impaired to be convicted of DUI.
Result: The DUI was dismissed.
Aug 30, 2021 Case: 21-CT-006470 Judge Damico
Facts: The defendant was stopped for swerving in and out of traffic and almost hitting a house after a 911 caller relayed what they had seen. Upon contact, the officers noticed the defendant to have an odor of alcohol, glassy eyes, and slow dexterity. She was unstable, her speech was mumbled, and she had slow comprehension. She performed poorly on the roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later blew .166, .134, and .145 in the breath machine.
Defense: The officer did not see any driving pattern upon stopping the defendant. Thus, he had no corroboration to legally justify the traffic stop. Thus, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Aug 30, 2021 Case: 21-CT-007232 Judge Damico
Facts: A caller dialed 911 stating that the defendant was driving all over the road and speeding. When the officer spotted the defendant, he also observed weaving and speeding. Upon coming in contact with the defendant after the traffic stop, he observed the defendant to have an odor of alcohol, thick tongued speech, and watery eyes. He also appeared unsteady. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant stated he had major back issues which would have contributed to any unsteadiness. In addition, his speech was not slurred on tape.
Result: The State dropped the DUI.
Aug 30, 2021 Case: 21-CT-006470 Judge Damico
Facts: The defendant was stopped for swerving in and out of traffic and almost hitting a house after a 911 caller relayed what they had seen. Upon contact, the officers noticed the defendant to have an odor of alcohol, glassy eyes, and slow dexterity. She was unstable, her speech was mumbled, and she had slow comprehension. She performed poorly on the roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later blew .166, .134, and .145 in the breath machine.
Defense: The officer did not see any driving pattern upon stopping the defendant. Thus, he had no corroboration to legally justify the traffic stop. Thus, the lawfulness of the traffic stop was called into question.
Result: The State dropped the DUI.
Aug 30, 2021 Case: 21-CT-007232 Judge Damico
Facts: A caller dialed 911 stating that the defendant was driving all over the road and speeding. When the officer spotted the defendant, he also observed weaving and speeding. Upon coming in contact with the defendant after the traffic stop, he observed the defendant to have an odor of alcohol, thick tongued speech, and watery eyes. He also appeared unsteady. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: The defendant stated he had major back issues which would have contributed to any unsteadiness. In addition, his speech was not slurred on tape.
Result: The State dropped the DUI.
Aug 19, 2021 Case: 21-CT-002716 Judge Moses-Stephens
Facts: The defendant was stopped for speeding, weaving, and almost striking a police car. Officers observed the defendant to have an odor of alcohol, slurred speech, and a hard time locating his documents. He also stated he had drank 4 to 5 beers. After performing various field sobriety tests, he was arrested for DUI. He later blew a .166 and a .164 in the breath machine.
Defense: English is not the defendant's first language. Officers made no attempts to get an interpreter to assist in the DUI investigation so the defendant could properly understand.
Result: The State dropped the DUI.
Aug 19, 2021 Case: 21-CT-002716 Judge Moses-Stephens
Facts: The defendant was stopped for speeding, weaving, and almost striking a police car. Officers observed the defendant to have an odor of alcohol, slurred speech, and a hard time locating his documents. He also stated he had drank 4 to 5 beers. After performing various field sobriety tests, he was arrested for DUI. He later blew a .166 and a .164 in the breath machine.
Defense: English is not the defendant's first language. Officers made no attempts to get an interpreter to assist in the DUI investigation so the defendant could properly understand.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-018173 Judge T. Brown
Facts: The defendant was stopped for excessive speed and failing to maintain her lane of travel. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. She had difficulty maintain her balance and swayed while standing. After performing roadside tests such as the one leg stand and walk and turn, she was arrested for DUI.
Defense: Many observations such as slurred speech and balance issues were contradicted by the defendant's video tape. This was brought to the State's attention by the firm. The State Dropped the DUI and the defendant received no criminal conviction on her record.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 20-CT-055614 Judge Jacobus
Facts: The defendant was stopped for weaving all over the road, almost hitting a parked vehicle, and following too closely. Upon contact, officers observed convoluted and confusing statements. His eyes fluttered and they were glassy. The defendant was very aggressive and belligerent with the officers. After refusing roadside tests, he was arrested for DUI as the officers concluded he was impaired by drugs and not alcohol. He later refused breath and urine tests.
Defense: Under Florida DUI statute 316.193, the State must prove that a defendant is impaired by a specific chemical and/or controlled substance. One just can’t be impaired by something. The State could not prove the case and Dropped the DUI. The defendant received no criminal conviction.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-010035 Judge T. Brown
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a flushed face and had a sway to his stance. The defendant admitted to having dank wine. After performing various field sobriety tests, he was arrested for DUI. He later blew a .146 and a .140 in the breath machine.
Defense: Due to many inconsistencies in the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-018173 Judge T. Brown
Facts: The defendant was stopped for excessive speed and failing to maintain her lane of travel. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. She had difficulty maintain her balance and swayed while standing. After performing roadside tests such as the one leg stand and walk and turn, she was arrested for DUI.
Defense: Many observations such as slurred speech and balance issues were contradicted by the defendant's video tape. This was brought to the State's attention by the firm. The State Dropped the DUI and the defendant received no criminal conviction on her record.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 21-CT-010035 Judge T. Brown
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a flushed face and had a sway to his stance. The defendant admitted to having dank wine. After performing various field sobriety tests, he was arrested for DUI. He later blew a .146 and a .140 in the breath machine.
Defense: Due to many inconsistencies in the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 18, 2021 Case: 20-CT-055614 Judge Jacobus
Facts: The defendant was stopped for weaving all over the road, almost hitting a parked vehicle, and following too closely. Upon contact, officers observed convoluted and confusing statements. His eyes fluttered and they were glassy. The defendant was very aggressive and belligerent with the officers. After refusing roadside tests, he was arrested for DUI as the officers concluded he was impaired by drugs and not alcohol. He later refused breath and urine tests.
Defense: Under Florida DUI statute 316.193, the State must prove that a defendant is impaired by a specific chemical and/or controlled substance. One just can’t be impaired by something. The State could not prove the case and Dropped the DUI. The defendant received no criminal conviction.
Result: The State dropped the DUI.
Aug 17, 2021 Case: 20-CT-009003 Judge Jeske
Facts: The defendant was involved in a traffic crash after he wiped out on his motorcycle and slid into another car. When officers arrived, they observed an odor of alcohol, slurred speech, and he stumbled on his feet. He also had glassy/watery eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: When asking the defendant to perform roadside tests, the officer misstated the law by telling him that one consents to roadsides when they get their driver's license. Under Florida law, the only thing that pertains to one's consent when they get a driver's license is a breath, urine, or blood test.
Result: The State dropped the DUI.
Aug 17, 2021 Case: 20-CT-009314 Judge Jeske
Facts: The defendant was observed by the officer sitting in her car with the engine running behind a business establishment. Police responded to a call about a mentally ill person. When officers made contact with the defendant, they observed an odor of alcohol, numerous cans of alcohol that were crushed and empty, difficulty following directions, and slurred speech. She also gave unusual and inconsistent statements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: On tape, officers had made statements to each other on the body cameras about whether the defendant was impaired by a mental illness or alcohol. This was not written in any police reports. Had the firm not watched the tapes, it never would have been discovered or brought to the prosecutor's attention. Thus, there was reasonable doubt as to whether she was impaired by alcohol or a mental illness.
Result: The DUI was dismissed.
Aug 17, 2021 Case: 20-CT-009314 Judge Jeske
Facts: The defendant was observed by the officer sitting in her car with the engine running behind a business establishment. Police responded to a call about a mentally ill person. When officers made contact with the defendant, they observed an odor of alcohol, numerous cans of alcohol that were crushed and empty, difficulty following directions, and slurred speech. She also gave unusual and inconsistent statements. She then performed poorly on roadside tests and was arrested for DUI. She later refused the breath test.
Defense: On tape, officers had made statements to each other on the body cameras about whether the defendant was impaired by a mental illness or alcohol. This was not written in any police reports. Had the firm not watched the tapes, it never would have been discovered or brought to the prosecutor's attention. Thus, there was reasonable doubt as to whether she was impaired by alcohol or a mental illness.
Result: The DUI was dismissed.
Aug 17, 2021 Case: 20-CT-009003 Judge Jeske
Facts: The defendant was involved in a traffic crash after he wiped out on his motorcycle and slid into another car. When officers arrived, they observed an odor of alcohol, slurred speech, and he stumbled on his feet. He also had glassy/watery eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest.
Defense: When asking the defendant to perform roadside tests, the officer misstated the law by telling him that one consents to roadsides when they get their driver's license. Under Florida law, the only thing that pertains to one's consent when they get a driver's license is a breath, urine, or blood test.
Result: The State dropped the DUI.
Aug 10, 2021 Case: 20-CT-007979 Judge Gutman
Facts: The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also struggled to find her documents. She refused to perform roadside tests and was arrested for DUI. She later refused the breath test. This was her Second DUI and also Second refusal.
Defense: At the civil administrative DMV hearing, the officer testified under oath how the defendant was practically a falling down drunk. This testimony was contradicted by the video tape. The State Dropped her Second DUI and dismissed the refusal charge.
Result: The State dropped the DUI.

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