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

Jul 7, 2021 Case: 21-CT-003970 Judge Gutman
Facts: The defendant was stopped for speeding and drfiting. The officer observed an odor of alcohol, watery/bloodshot eyes, and she admitted to having drank two alcoholic beverages. She then performed various field sobriety tests and was subsequently arrested for DUI. She later blew a .124 and a .116 in the breath machine.
Defense: When the officer did the HGN (eyes test), he did not get an angle onset of 45 degrees or less in the defendant's eyes. Under Tharpe's Formula, if that occurs, it may mean that the defendant was under the .08 legal limit.
Result: The State dropped the DUI.
Jul 1, 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.
Jul 1, 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.
Jun 28, 2021 Case: 20-CT-011713 Judge Gutman
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, fumbling fingers, and watery eyes. The defendant refused to perform roadsides tests and was arrested for DUI. He later refused the breath test.
Defense: There was a lack of reasonable suspicion of a crime for the officer to even legally request field sobriety tests. There must be indicators of impairment to justify the request.
Result: The State dropped the DUI.
Jun 28, 2021 Case: 21-CT-002061 Judge Gutman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. She admitted to having drank one or two drinks. She then performed the walk and turn and one leg stand tests. She was then arrested for DUI and later blew. a .159 and a .153 in the breath machine.
Defense: The defendant's video tape showed that she may have been lower than .08 at the time of driving and that she was absorbing alcohol. Her roadside performance contradicted her breath test results.
Result: The State dropped the DUI.
Jun 28, 2021 Case: 21-CT-500378 Judge Gagliardi
Facts: The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, bloodshot/watery eyes, and flushed skin. He had slurred speech, swayed, and had trouble locating his documents. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Based on the video tape evidence, the firm pointed out that there was lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI.
Result: The State Dropped the DUI.
Jun 28, 2021 Case: 21-CT-002061 Judge Gutman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol and bloodshot eyes. She admitted to having drank one or two drinks. She then performed the walk and turn and one leg stand tests. She was then arrested for DUI and later blew. a .159 and a .153 in the breath machine.
Defense: The defendant's video tape showed that she may have been lower than .08 at the time of driving and that she was absorbing alcohol. Her roadside performance contradicted her breath test results.
Result: The State dropped the DUI.
Jun 28, 2021 Case: 20-CT-011713 Judge Gutman
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, fumbling fingers, and watery eyes. The defendant refused to perform roadsides tests and was arrested for DUI. He later refused the breath test.
Defense: There was a lack of reasonable suspicion of a crime for the officer to even legally request field sobriety tests. There must be indicators of impairment to justify the request.
Result: The State dropped the DUI.
Jun 28, 2021 Case: 21-CT-500378 Judge Gagliardi
Facts: The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, bloodshot/watery eyes, and flushed skin. He had slurred speech, swayed, and had trouble locating his documents. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Based on the video tape evidence, the firm pointed out that there was lack of probable cause to arrest the defendant. The State agreed and Dropped the DUI.
Result: The State Dropped the DUI.
Jun 23, 2021 Case: 21-CT-013151 Judge Brown
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, he was unable to multi task, and had bloodshot eyes. His speech was slurred and thick tongued, he seemed very confused, and was unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant had some mental health issues which caused his speech to appear slurred and also caused him to get very nervous and appear impaired. There was doubt as to whether he was impaired by alcohol or his mental health issues.
Result: The State dropped the DUI.
Jun 23, 2021 Case: 21-CT-013370 Judge Brown
Facts: The defendant was stopped for weaving within the lane and following too closely. The officer noticed an odor of alcohol and she had an orbital sway, slurred speech, and appeared unsteady. After performing field sobriety tests, she was arrested for DUI. She later blew a. 229 and a .222 in the breath machine.
Defense: Issues were raised by the firm as to whether the breath test was lawfully obtained. Just because you provide a breath test, doesn't mean it is always admissible into evidence.
Result: The State dropped the DUI.
Jun 23, 2021 Case: 21-CT-013370 Judge Brown
Facts: The defendant was stopped for weaving within the lane and following too closely. The officer noticed an odor of alcohol and she had an orbital sway, slurred speech, and appeared unsteady. After performing field sobriety tests, she was arrested for DUI. She later blew a. 229 and a .222 in the breath machine.
Defense: Issues were raised by the firm as to whether the breath test was lawfully obtained. Just because you provide a breath test, doesn't mean it is always admissible into evidence.
Result: The State dropped the DUI.
Jun 23, 2021 Case: 21-CT-013151 Judge Brown
Facts: The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, he was unable to multi task, and had bloodshot eyes. His speech was slurred and thick tongued, he seemed very confused, and was unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The defendant had some mental health issues which caused his speech to appear slurred and also caused him to get very nervous and appear impaired. There was doubt as to whether he was impaired by alcohol or his mental health issues.
Result: The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-002059 Judge Conrad
Facts: The defendant was stopped for weaving and driving erratically. Officers noticed an odor of alcohol, slurred speech, and she admitted that she had consumed about 3 drinks. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop as well as probable cause to arrest.
Result: The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-000470 Judge Poblick
Facts: The defendant was stopped for tailgating. The officer noticed an odor of alcohol, he admitted to having drank beer, and had glassy/watery eyes. He also had slurred speech, appeared unsteady, and used the truck for balance. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Many of the observations written by the officer were contradicted by the video. For example, the defendant's speech did not appear slurred and he did not appear unsteady on tape.
Result: The State Dropped the DUI.
Jun 18, 2021 Case: 21 CT 500228 Judge George
Facts: The defendant was found passed out in his car in a parking space on the side of a 7-11 building. Someone had called 911 concerned that he had been parked there for over an hour. When police arrived, they got him to wake up and noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated that he had been at a friend's house and stopped because he was tired. After performing various roadside tasks, he was arrested for DUI. He later blew a .106 and a .105 in the breath machine.
Defense: The State could not prove that the defendant was in actual physical control of the vehicle as he had no "capability" to operate it while asleep in a parking space.
Result: The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-002059 Judge Conrad
Facts: The defendant was stopped for weaving and driving erratically. Officers noticed an odor of alcohol, slurred speech, and she admitted that she had consumed about 3 drinks. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop as well as probable cause to arrest.
Result: The State dropped the DUI.
Jun 18, 2021 Case: 21 CT 500228 Judge George
Facts: The defendant was found passed out in his car in a parking space on the side of a 7-11 building. Someone had called 911 concerned that he had been parked there for over an hour. When police arrived, they got him to wake up and noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated that he had been at a friend's house and stopped because he was tired. After performing various roadside tasks, he was arrested for DUI. He later blew a .106 and a .105 in the breath machine.
Defense: The State could not prove that the defendant was in actual physical control of the vehicle as he had no "capability" to operate it while asleep in a parking space.
Result: The State dropped the DUI.
Jun 18, 2021 Case: 21-CT-000470 Judge Poblick
Facts: The defendant was stopped for tailgating. The officer noticed an odor of alcohol, he admitted to having drank beer, and had glassy/watery eyes. He also had slurred speech, appeared unsteady, and used the truck for balance. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: Many of the observations written by the officer were contradicted by the video. For example, the defendant's speech did not appear slurred and he did not appear unsteady on tape.
Result: The State Dropped the DUI.
Jun 17, 2021 Case: ACBMTRE Judge Lawhorne
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, the defendant had no odor of alcohol, but they observed watery/bloodshot eyes, unsteadiness on her feet, she appeared sleepy, and had mood swings. Believing she may impaired by drugs, she was requested to perform field sobriety tests. She was then arrested for DUI. She later provided a urine sample which came back from the FDLE lab positive for amphetamines and marijuana.
Defense: The State could not prove that she was under the influence of the two drugs at the time of the crash. Marijuana can be in your system for up to 30 days. The officer did not smell any pot, nor find any. She is also prescribed the amphetamine. Also, on tape, prior to even beginning the roadside tests, the officer was having her car towed. The defendant can even be heard asking why are you towing my car. This proved that the officer had his mind made up to arrest her from the very beginning.
Result: The State Dropped the DUI to a Civil Careless driving infraction.

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