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

ALSO SERVING LEE, CHARLOTTE & ALL SOUTH WEST FLORIDA COUNTIES
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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

Jun 8, 2021 Case: 21-CT-001868 Judge Farr
Facts: The defendant was stopped for driving southbound in the northbound lane of travel. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. She was slow and lethargic, admitted to having drank beer, and appeared unsteady. After performing various field sobriety tests, she was arrested for DUI. She later blew a .180 and a .162 in the breath machine.
Defense: Due to some conflicts within the discovery, the firm was able to convince the State that there were credibility issues.
Result: The State dropped the DUI.
Jun 7, 2021 Case: 19-025152MU10A Judge Lerner-Wren
Facts: The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car.
Result: The State dropped the DUI.
Jun 7, 2021 Case: 20-CT-003097 Judge Sestak
Facts: The defendant ran off the road and crashed his car in some trees. When officers arrived, they noticed an odor of alcohol, bloodshot/watery eyes, and a flushed face. He had mumbled speech, appeared sleepy and lethargic, and had to lean on the vehicle for balance. He refused to perform all roadsides and was arrested for DUI. He later refused the breath test.
Defense: The firm put forth that there was an actual physical control issue as it was unknown where the keys were located to the vehicle. Also, many observations that the officer wrote in his reports were contradicted by the video tape. Furthermore, the officer did not advise the defendant of any adverse consequences when he refused the roadside tests as required by law.
Result: The State dropped the DUI.
Jun 7, 2021 Case: 19-025152MU10A Judge Lerner-Wren
Facts: The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car.
Result: The State dropped the DUI.
Jun 7, 2021 Case: 20-CT-003097 Judge Sestak
Facts: The defendant ran off the road and crashed his car in some trees. When officers arrived, they noticed an odor of alcohol, bloodshot/watery eyes, and a flushed face. He had mumbled speech, appeared sleepy and lethargic, and had to lean on the vehicle for balance. He refused to perform all roadsides and was arrested for DUI. He later refused the breath test.
Defense: The firm put forth that there was an actual physical control issue as it was unknown where the keys were located to the vehicle. Also, many observations that the officer wrote in his reports were contradicted by the video tape. Furthermore, the officer did not advise the defendant of any adverse consequences when he refused the roadside tests as required by law.
Result: The State dropped the DUI.
Jun 4, 2021 Case: ADW4CWE Judge Szematowicz
Facts: Police were called about intoxicated males having a a brawl. The defendant was in the drivers seat of a truck when officers arrived on scene. They observed the defendant to have an odor of alcohol and slurred speech. The defendant's eyes were droopy and red, he had difficulty following instructions, and he had numerous behavioral changes. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The call was not specific as to which males were actually fighting. Thus, the firm put forth that ordering the defendant out of the truck without reasonable suspicion of a crime was unlawful.
Result: The State dropped the DUI.
Jun 4, 2021 Case: ADW4CWE Judge Szematowicz
Facts: Police were called about intoxicated males having a a brawl. The defendant was in the drivers seat of a truck when officers arrived on scene. They observed the defendant to have an odor of alcohol and slurred speech. The defendant's eyes were droopy and red, he had difficulty following instructions, and he had numerous behavioral changes. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense: The call was not specific as to which males were actually fighting. Thus, the firm put forth that ordering the defendant out of the truck without reasonable suspicion of a crime was unlawful.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000886 Judge Gutman
Facts: The defendant was stopped for weaving, almost striking concrete curbs, and driving on lane markers. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank vodka/Red Bulls. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew. a .095 and a .095 in the breath machine.
Defense: There is a .02 margin of error in the breath machine. Thus, the firm was able to put the defendant's breath alcohol results under the legal limit.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-009351 Judge Gutman
Facts: The defendant was the at fault driver in a rollover crash. When officers arrived on scene, they observed an odor of alcohol, bloodshot eyes, thick/slurred speech, and a confused demeanor. The defendant was transported to the hospital where she refused to provide a blood sample. She was later charged with DUI.
Defense: There was doubt as to whether any impairment observed was equally due to the severity of the rollover crash versus impairment by alcohol.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-008964 Judge
Facts: The defendant was contacted by police after a caller stated that he was passed out in the drive thru lane at a fast food restaurant. Officers observed a strong smell of Marijuana, an odor of alcohol, and bloodshot eyes. He performed poorly on the roadside tests and he was arrested for enhanced DUI, because there was a child in the car. He later provided a urine sample which tested positive for Marijuana once analyzed by the FDLE lab.
Defense: Due to contradictions in the police reports versus the video, the Sate Dropped the DUI.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000352 Judge Gutman
Facts: The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady balance. After performing roadside tests, she was arrested for DUI. She later refused to provide a breath sample.
Defense: Based on the video and written evidence, the firm put forth that there was a lack of probable cause to make the arrest.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-008964 Judge
Facts: The defendant was contacted by police after a caller stated that he was passed out in the drive thru lane at a fast food restaurant. Officers observed a strong smell of Marijuana, an odor of alcohol, and bloodshot eyes. He performed poorly on the roadside tests and he was arrested for enhanced DUI, because there was a child in the car. He later provided a urine sample which tested positive for Marijuana once analyzed by the FDLE lab.
Defense: Due to contradictions in the police reports versus the video, the Sate Dropped the DUI.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000886 Judge Gutman
Facts: The defendant was stopped for weaving, almost striking concrete curbs, and driving on lane markers. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank vodka/Red Bulls. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew. a .095 and a .095 in the breath machine.
Defense: There is a .02 margin of error in the breath machine. Thus, the firm was able to put the defendant's breath alcohol results under the legal limit.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 20-CT-009351 Judge Gutman
Facts: The defendant was the at fault driver in a rollover crash. When officers arrived on scene, they observed an odor of alcohol, bloodshot eyes, thick/slurred speech, and a confused demeanor. The defendant was transported to the hospital where she refused to provide a blood sample. She was later charged with DUI.
Defense: There was doubt as to whether any impairment observed was equally due to the severity of the rollover crash versus impairment by alcohol.
Result: The State dropped the DUI.
Jun 3, 2021 Case: 21-CT-000352 Judge Gutman
Facts: The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady balance. After performing roadside tests, she was arrested for DUI. She later refused to provide a breath sample.
Defense: Based on the video and written evidence, the firm put forth that there was a lack of probable cause to make the arrest.
Result: The State dropped the DUI.
Jun 2, 2021 Case: 20-MM-000704 Judge Wilson
Facts: The police responded to a call about a reckless driver who appeared intoxicated and almost ran them off the road. Police spotted the vehicle in question, driven by the defendant, who had pulled over on the side of the road. When police made contact, they observed an odor of alcohol. He stated that he had drank rum and tequila, and he had extremely slurred speech. He was verbally abusive and also very belligerent. 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. He was also charged with making threats to law enforcement and willfully refusing to sign a summons.
Defense: The officers did not corroborate any diving pattern prior to making contact and ordering him out of the car. Thus, the firm put forth that initial stop was unlawful. The State Dropped the defendant's Second DUI. The other two charges were dropped as well.
Result: The State dropped the DUI.
Jun 2, 2021 Case: 20-CT-011306 Judge Scott for Mcneil
Facts: The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonipin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
Defense: The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonopin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
Result: The State dropped the DUI.
Jun 2, 2021 Case: 20-MM-000704 Judge Wilson
Facts: The police responded to a call about a reckless driver who appeared intoxicated and almost ran them off the road. Police spotted the vehicle in question, driven by the defendant, who had pulled over on the side of the road. When police made contact, they observed an odor of alcohol. He stated that he had drank rum and tequila, and he had extremely slurred speech. He was verbally abusive and also very belligerent. 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. He was also charged with making threats to law enforcement and willfully refusing to sign a summons.
Defense: The officers did not corroborate any diving pattern prior to making contact and ordering him out of the car. Thus, the firm put forth that initial stop was unlawful. The State Dropped the defendant's Second DUI. The other two charges were dropped as well.
Result: The State dropped the DUI.
Jun 2, 2021 Case: 20-CT-011306 Judge Scott for Mcneil
Facts: The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonipin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
Defense: The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonopin (a controlled substance). After performing field sobriety tests, he was arrested for DUI.
Result: The State dropped the DUI.
Jun 1, 2021 Case: 20-CT-002478 Judge Conrad
Facts: The defendant crashed his car into a mailbox and ended up in a ditch. The officer came into contact with the defendant about an hour and half later, down the road from the crash scene. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .233 in the breath machine. This was the defendant's Second DUI.
Defense: The State could not prove that the defendant was under the influence of alcohol at the time of the crash due to the time frame and distance from the crash scene.
Result: The State Dropped the defendant's Second DUI.

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