Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723

Call 24/7 Nights, Weekends & Holidays

Free Consultations
ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
Toll-Free
239.217.3723
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

Aug 10, 2021 Case: 20-CT-005801 Judge Gutman
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, he appeared unsteady on his feet, and had slurred speech. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: On tape, the defendant's speech did not appear to sound slurred and he did not appear off balance or unsteady.
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.
Aug 10, 2021 Case: 20-CT-005801 Judge Gutman
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, he appeared unsteady on his feet, and had slurred speech. After refusing to perform roadside tests, he was arrested for DUI. He later refused the breath test.
Defense: On tape, the defendant's speech did not appear to sound slurred and he did not appear off balance or unsteady.
Result: The State dropped the DUI.
Aug 9, 2021 Case: 21-CT-004306 Judge Damico
Facts: A caller dialed 911 saying that that the defendant was involved in a hit and run crash. When officers stopped the defendant, they observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He then performed field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.
Defense: Due to a lack of specifies on the police reports as to the field sobriety tests, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 9, 2021 Case: 21-CT-004306 Judge Damico
Facts: A caller dialed 911 saying that that the defendant was involved in a hit and run crash. When officers stopped the defendant, they observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He then performed field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI and later refused the breath test.
Defense: Due to a lack of specifies on the police reports as to the field sobriety tests, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 29, 2021 Case: 21-CT-001396 Judge Farr
Facts: The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. He also had a red face and appeared disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .150 and a .132 in the breath machine.
Defense: The defendant's performance on video tape during the field sobriety test clearly showed that he was lower than .08 at the time of driving. Thus, he would have be absorbing alcohol when he blew into the machine.
Result: The State dropped the DUI.
Jul 29, 2021 Case: 20-CT-004465 Judge Farr
Facts: The defendant was observed by an officer stumbling into a Waffle House. He noticed the defendant stumble, have slurred speech, and acting belligerent. The defendant then entered his car and drove off. Contact was made with the defendant at a gas station. Similar observations were made by police and he was asked to perform roadside tasks as officers believed he was impaired by drugs, and not alcohol. He performed very poorly and was arrested for DUI. He provided a urine sample which revealed Xanax and Marijuana once analyzed by FDLE.
Defense: The State could not prove how long the substances had been in his system. Thus, they couldn't prove he was actually impaired by those drugs.
Result: The State dropped the DUI.
Jul 29, 2021 Case: 20-CT-012168 Judge Farr
Facts: The defendant crashed her car into a mailbox then post. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She fumbled around with her paperwork and was very unsteady. After performing various roadside tasks, she was arrested for DUI. She later refused the breath test.
Defense: Many aspects of the video tape contradicted by the police reports.
Result: The State Dropped the DUI.
Jul 29, 2021 Case: 20-CT-004465 Judge Farr
Facts: The defendant was observed by an officer stumbling into a Waffle House. He noticed the defendant stumble, have slurred speech, and acting belligerent. The defendant then entered his car and drove off. Contact was made with the defendant at a gas station. Similar observations were made by police and he was asked to perform roadside tasks as officers believed he was impaired by drugs, and not alcohol. He performed very poorly and was arrested for DUI. He provided a urine sample which revealed Xanax and Marijuana once analyzed by FDLE.
Defense: The State could not prove how long the substances had been in his system. Thus, they couldn't prove he was actually impaired by those drugs.
Result: The State dropped the DUI.
Jul 29, 2021 Case: 21-CT-001396 Judge Farr
Facts: The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. He also had a red face and appeared disoriented. After performing field sobriety tests, he was arrested for DUI. He later blew a .150 and a .132 in the breath machine.
Defense: The defendant's performance on video tape during the field sobriety test clearly showed that he was lower than .08 at the time of driving. Thus, he would have be absorbing alcohol when he blew into the machine.
Result: The State dropped the DUI.
Jul 29, 2021 Case: 20-CT-012168 Judge Farr
Facts: The defendant crashed her car into a mailbox then post. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She fumbled around with her paperwork and was very unsteady. After performing various roadside tasks, she was arrested for DUI. She later refused the breath test.
Defense: Many aspects of the video tape contradicted by the police reports.
Result: The State Dropped the DUI.
Jul 19, 2021 Case: 21-CT-010035 Judge Garagozlo
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and she appeared disoriented and confused. When asked how much she had to drink, she responded "not that much." Her speech was slurred and she also appeared clumsy. She consented to perform field sobriety tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense: Many observations of the defendant's performance on the roadside tests were very vaguely written and hardly any specifics included.
Result: The State dropped the DUI.
Jul 19, 2021 Case: AD0B9EE Judge Vaccaro
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having drank two drinks. After performing roadside tests on video, he was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. Prior to trial, we pointed out to the State that there was no probable cause to even arrest the defendant based on the video tape. Prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 19, 2021 Case: AD0B9EE Judge Vaccaro
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having drank two drinks. After performing roadside tests on video, he was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton announced ready for trial. Prior to trial, we pointed out to the State that there was no probable cause to even arrest the defendant based on the video tape. Prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 19, 2021 Case: 21-CT-010035 Judge Garagozlo
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and she appeared disoriented and confused. When asked how much she had to drink, she responded "not that much." Her speech was slurred and she also appeared clumsy. She consented to perform field sobriety tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test.
Defense: Many observations of the defendant's performance on the roadside tests were very vaguely written and hardly any specifics included.
Result: The State dropped the DUI.
Jul 16, 2021 Case: 21-CT-002688 Judge Denkin
Facts: The defendant was stopped for nearly crashing into other vehicles. The officers observed an odor of alcohol, thick tongued speech, and she was slurring her words. After performing poorly on roadside tests, she was arrested for DUI and later refused the breath test.
Defense: Due to inconsistencies in the reports pointed out by the defense, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 16, 2021 Case: 21-CT-002688 Judge Denkin
Facts: The defendant was stopped for nearly crashing into other vehicles. The officers observed an odor of alcohol, thick tongued speech, and she was slurring her words. After performing poorly on roadside tests, she was arrested for DUI and later refused the breath test.
Defense: Due to inconsistencies in the reports pointed out by the defense, the State Dropped the DUI.
Result: The State dropped the DUI.
Jul 15, 2021 Case: 21-CT-015462 Judge Silverman
Facts: The defendant was the at fault driver in a crash. The defendant had glassy eyes, slurred speech, and difficulty answering questions. The defendant was off balance and almost fell over. Believing that she was impaired by drugs, the defendant was asked to perform roadside tests. She refused and was arrested for DUI. She later refused a urine test.
Defense: An officer can only request a breath and/or urine test after one has been arrested. Here, the officer read her implied consent and requested a urine test prior to arresting her which was unlawful. Thus, her refusal to provide a urine sample would have been excluded from evidence. In addition, the State could not prove by what specific chemical and/or or controlled substance was allegedly impairing the defendant as required by Florida DUI Statute 316.193. . The State Dropped the DUI to a civil careless infraction.
Result: The State dropped the DUI.
Jul 15, 2021 Case: 21-CT-015462 Judge Silverman
Facts: The defendant was the at fault driver in a crash. The defendant had glassy eyes, slurred speech, and difficulty answering questions. The defendant was off balance and almost fell over. Believing that she was impaired by drugs, the defendant was asked to perform roadside tests. She refused and was arrested for DUI. She later refused a urine test.
Defense: An officer can only request a breath and/or urine test after one has been arrested. Here, the officer read her implied consent and requested a urine test prior to arresting her which was unlawful. Thus, her refusal to provide a urine sample would have been excluded from evidence. In addition, the State could not prove by what specific chemical and/or or controlled substance was allegedly impairing the defendant as required by Florida DUI Statute 316.193. . The State Dropped the DUI to a civil careless infraction.
Result: The State dropped the DUI.
Jul 14, 2021 Case: 20-CT-504148 Judge George
Facts: The defendant was the at fault driver when she hit a bus from behind. Officers observed slow/sluggish speech, her movements were slow, and she had watery eyes. The defendant admitted to having taken her prescription medicines. Believing she was impaired by a chemical and/or controlled substance, she was asked to perform field sobriety tests. She was then arrested for DUI. At the station, another officer who is a DRE (drug recognition expert) was called in to perform a DRE exam on her to determine what class of drugs was allegedly impairing her. She also provided a urine sample which later came back from FLDE positive for amphetamines.
Defense: The observations both the arresting officer and the DRE officer made were inconsistent with someone being impaired by amphetamines. In fact, the DRE officer concluded that she was impaired by a CNS Depressant which was not only wrong, but on the opposite spectrum of amphetamines. Someone who is impaired by amphetamines will appear euphoric and excited and not slow and sluggish. In addition, someone who is impaired by amphetamines will not exhibit HGN (the eyes test), nor have equal pupil size, like the defendant did. In addition, when the officer administered the roadside tests, he covered his body worn camera with his forearm and clip board so one could not even see the defendant's performance.
Result: The State Dismissed the DUI a week prior to the trial date.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 239.217.3723, or fill out the form here.