| Jul 30, 2024 | Case: 24-CT-003981 | Judge Rich |
| Facts: | The defendant was stopped after he was observed by police sitting at a green light and not moving for several moments. The officer noticed an odor of alcohol, slurred speech, and watery/glossy eyes. While outside of the car, he was unsteady on his feet. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On video, the defendant was not sitting at a light for minutes. It was actually 14 seconds. Also, his speech was not slurred and he was not unsteady. Thus, the officer was not truthful in her reports and her credibility was called into question. | |
| Result: | The State Dropped the DUI and he received no probation or any penalties other than court costs. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jul 29, 2024 | Case: 24-CT-501056 | Judge Gill |
| Facts: | The defendant was involved in a traffics crash whereby his vehicle rolled over upside down. Officers noticed the defendant to have bloodshot/red eyes, slurred/mumbled speech, and he seemed confused. He swayed while he stood, was screaming, and was very insulting. it should be noted that there was no odor of alcohol. Believing he was impaired by drugs, he was offered field sobriety tests to which he refused. He was then arrested for DUI and later refused a urine test and breath test. This was his Second DUI arrest. | |
| Defense: | Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute, 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything." The State Dismissed the DUI. It should be noted the firm also beat the defendant's first DUI a few years ago as well. | |
| Result: | The DUI was dismissed. | |
| Jul 23, 2024 | Case: AIU1A7E | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, he swayed while he stood, and had watery eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. | |
| Defense: | The firm pointed out to the State that on video his speech was not slurred and he did not sway. In fact, he performed dramatically better on the roadside tests on tape than as described in the police reports. | |
| Result: | The State dropped the DUI. | |
| Jul 23, 2024 | Case: AHFCCAE | Judge Lawhorne |
| Facts: | The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, bloodshot eyes, disorganized speech, and an unsteady/poor gait. The defendant agreed to perform HGN (eye test) and then refused to do any other roadside tests. She was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 18, 2024 | Case: 21-18001MU10A | Judge Diaz |
| Facts: | The defendant was involved in a crash with a police officer. The initial officers on the scene smelled an odor of alcohol as well as noticing unsteadiness on his feet. During the crash investigation the officer stated that the defendant's speech was slurred. The defendant was taken to a medical facility where a blood test was provided. The defendant's blood alcohol content was .109. | |
| Defense: | Parks & Braxton took independent statements of the officers on scene. Each officer acknowledged that it was clear that the officer was at fault in the crash by failing to yield to the defendant who had the right of way. In addition, based on the severe nature of the crash, any observations regarding slurred speech and unsteadiness could have just as easily been a result of the accident as opposed to the consumption of alcohol. Recognizing the issues in the case, the prosecutor agreed to drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2024 | Case: 24-CT-021668 | Judge Atkin |
| Facts: | A retired cop called 911 stating that the defendant was swerving all over the road and appeared to be an intoxicated driver. A police officer located the defendant and also saw he had two missing side view mirrors. He stopped the defendant and observed an odor of alcohol, slurred speech, unsteadiness, and glassy eyes. The defendant stated that he had drank 6 beers. He performed poorly on roadside tests such as HGN (eye test), the walk and turn, and one leg stand. He was arrested for DUI and later blew a .153 and .150 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2024 | Case: 23-CT-055046 | Judge Atkin |
| Facts: | The defendant was stopped after he was seen driving the wrong way by police. Officers noticed an odor of alcohol, glassy eyes, and a clumsy demeanor. He was slow exiting he car, walked slow, and swayed while he stood. He refused to perform any field sobriety tests and was arrested for DUI. | |
| Defense: | The officer who stopped the defendant was a different officer than the one who arrested him. On tape, the DUI cop who got called to the scene went right up to the defendant after a brief conversation with the stopping officer. When he went up to the defendant, he said "I believe you’re under the influence." We pointed out the State that that was ridiculous for him to conclude that when he hadn't even observed him yet or done any investigation. The officer's credibility was called into question and the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2024 | Case: 24-CT-017063 | Judge Ingram |
| Facts: | The defendant was stopped for swerving all over the road, driving too slow, and speeding up. The officer observed an odor of alcohol, bloodshot eyes, and mumbled/slurred speech. Her movements were slow, unsteady, and unsure. She then performed poorly on roadside tests such as the HGN (eye test), finger to nose, and a palm pat. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2024 | Case: 24-CT-500560 | Judge Gill |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, bloodshot eyes, and thick tongued/slurred speech. He admitted to having drank two to three beers and fumbled with his documents. He performed very poorly on roadside tests and was arrested for DUI. He later blew a .144 and .141 in the breath machine. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 16, 2024 | Case: 24-CT-001008 | Judge Bagge-Hernandez |
| Facts: | The defendant was stopped for weaving all over the road. Specifically, he was speeding, straddling lane markers, and swerving within his lane. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant had a bar wristband on and admitted to having consumed alcohol. According to the officer, he performed poorly on field sobriety tests and was arrested for DUI. | |
| Defense: | After conversations with the State regarding the evidence and the DUI, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 16, 2024 | Case: 23-CT-017165 | Judge Gutman |
| Facts: | The defendant was stopped for driving without headlights and tailgating. The officer noticed an odor of alcohol, glassy eyes, confusion, and she admitted to having drank alcohol. She then performed HGN, the walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | The firm pointed out to the State that none of the defendant's normal faculties were impaired. Her field sobriety tests on tape were much better than as described by the officer in his reports. The State Dropped the DUI and the defendant received no probation or penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Jul 15, 2024 | Case: 22-015264MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI. | |
| Defense: | The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024. | |
| Result: | The State dropped the DUI. | |
| Jul 3, 2024 | Case: 24-CT-002625 | Judge Rich |
| Facts: | The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine. | |
| Defense: | Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed. | |
| Result: | The DUI was dismissed. | |
| Jul 2, 2024 | Case: 24-CF-002498 | Judge Rice |
| Facts: | The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also made conflicting statements about where he was coming from and also wore a wrist band from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .134 and .131 in the breath machine. After his arrest, officer found methamphetamine and he was also charged with a Felony possession. | |
| Defense: | After several negotiations regarding the evidence and the defendant, the State Dropped the DUI. He also received no felony conviction on the felony charge and no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Jun 28, 2024 | Case: 24-CT-014152 | Judge Silverman |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, watery/glassy eyes, slurred speech, and he appeared unsteady. The defendant stated he had drank a "few" at the bar. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, his speech was not slurred and he was not unsteady. In fact, on the walk and turn, he never even stepped off the line for 9 steps up the line or 9 steps back and never raised his arms for balance. On the one leg stand, he never put his foot down during the entire 30 seconds. | |
| Result: | The State dropped the DUI. | |
| Jun 28, 2024 | Case: 24-CT-016037 | Judge Silverman |
| Facts: | The defendant was stopped after being observed crossing over the solid white line in the bike lane and crossing back over the double yellow line. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had consumed 3 mixed vodka drinks. The defendant was slow to exit the car, slow walking, and swayed while he stood. He then performed various field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 28, 2024 | Case: 24-CT-015913 | Judge Silverman |
| Facts: | The defendant was stopped for driving off the road and crossing over the white dotted line several times. The officer noticed and odor of alcohol, glassy/watery eyes, and her speech was slurred and thick tongued. There was vomit on the door jam and the defendant denied having anything to drink. She then performed various roadside tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversation with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 25, 2024 | Case: 24-MM-060106 | Judge T. Brown |
| Facts: | The defendant was stopped by police for having an obstructed/expired tag. The officer noticed an odor of alcohol, slurred/stuttered speech, and watery/glassy eyes. The defendant admitted to having consumed a "High Noon" and a Tito's vodka. Once out of the car, the defendant appeared unsteady and refused to perform any roadside tests. Multiple open alcoholic containers were later found inside the car. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding the contradictions between the video tape and the police reports, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 20, 2024 | Case: 24-CT-002234 | Judge Gutman |
| Facts: | The defendant was stopped for weaving. Officers observed an odor of alcohol, glassy eyes, and she appeared unsteady. The defendant admitted to having drank a beer. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, the defendant was not unsteady and her speech was normal. She performed better on the field sobriety tests on video than as described in the police reports. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 19, 2024 | Case: 22-16194-MM | Judge Hessinger |
| Facts: | Police boarded the defendant's boat for a safety inspection. They then noticed an odor of alcohol, slow movements, and bloodshot eyes. He then performed various field sobriety tests on the boat, such as the finger to nose, palm pat, hand coordination, and HGN (eye test). He was arrested for Boating Under the Influence and later refused a breath test. He was also charged with Second Refusal as he had a prior refusal and also a prior DUI that was reduced to reckless two years earlier. | |
| Defense: | The firm announced ready for trial on both charges. We pointed out that on the body worn cameras, not one of the defendant's normal faculties were impaired. In addition, the officer administering the field sobriety tests was reading off an instructional card, while another officer was off to the side was demonstrating. This made them very confusing to follow. In addition, after the four field sobriety tests were done on the boat, the officer still wanted to do more on the dock. The defendant stated he had done enough. It was only then that he was arrested. We pointed out to the State this clearly showed the officer wasn't even sure whether to arrest him after the four exercises. The day before trial, the State Dropped the Boating Under the Influence (BUI) and the defendant received time served (i.e., no penalties) on the refusal charge. It should be noted, the firm got this defendant's last DUI Dropped as well. | |
| Result: | The State dropped the DUI. | |
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