| Mar 11, 2013 | Case: 2011-CT-010919-A-O | Judge Bell |
| Facts: | The defendant was stopped for weaving several times. The officer noticed an odor of alcohol, bloodshot-eyes, and mumbled speech. The defendant also admitted to drinking champagne. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .140 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that the video tape of the defendant at the station contradicted the officer's observations of her at the scene. The firm also pointed out to the State that there was also radio frequency interference (RFI) detected just prior her blowing into the breath machine. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 7, 2013 | Case: 9440-XEQ | Judge Newman |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. He used the car for support upon exiting. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .146 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2013 | Case: 9395-XEQ | Judge Altfield |
| Facts: | The defendant was stopped at a roadblock checkpoint. Officers observed an odor of alcohol, a flushed face, mumbled speech, and blood-shot eyes. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the written roadblock guidelines failed to comply with Florida case law which sets out specific items that must be included in the documents. Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2013 | Case: 10-004104MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking whiskey. The defendant also appeared unstable while standing. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the video tape of the defendant contradicted the officer's reports and we announced ready for jury trial. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2013 | Case: 5807-XEM | Judge Hague |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery eyes, and slow movements. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .103 and .102 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Mar 1, 2013 | Case: 8287-XEX | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking two beers. He failed the field sobriety tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Feb 27, 2013 | Case: 1241-XEU | Judge Wolfson |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he blew a .086 and .080 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial and pointed out to the State the various margins of error in the breath machine which would could have put the defendant under the legal limit. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2013 | Case: 2011-CT-009831-A-O | Judge Adams |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant was unstable and had trouble walking. The defendant failed the roadside tests according to the officer and was arrested for DUI. After her arrest for DUI, she blew a .194 and .185 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2013 | Case: 2012-CT-010826 | Judge Fegers |
| Facts: | The defendant was stopped for weaving all over the road. He did not pull over right away for the police. Once he stopped the car, the officer then approached and noticed an odor of alcohol, slurred speech, droopy eyes, and he was fumbling around. The defendant was also unsteady on his feet once outside the car. He admitted to drinking beer and taking Percocet (a pain killer). He performed very poorly on the roadside tests and was arrested for DUI. He was also falling asleep at the breath testing facility. The defendant submitted to a breath test and a urine test based on his statements about taking pain killers. | |
| Defense: | Parks & Braxton discovered evidence during a pre-trial investigation that the urine results were improperly destroyed. | |
| Result: | The State dropped the DUI. | |
| Feb 21, 2013 | Case: 5354-XEM | Judge Hague |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four drinks. The defendant appeared to be confused and was off balance. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .155 and .139 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Feb 20, 2013 | Case: 2012-CT-001174-A-A | Judge Blechman |
| Facts: | The defendant was involved in a single vehicle accident (motorcycle). The defendant was thrown several feet from the motorcycle and suffered severe injuries. No witnesses saw the crash or the defendant driving the motorcycle. The defendant was transported to the hospital where he was admitted to have major surgery on his left arm. Police later arrived at the hospital and requested a blood sample from the defendant. The officers made no observations consistent with any alcohol impairment before requesting the blood sample. Blood was then drawn from the defendant which later resulted in a blood alcohol reading of .135 from the police toxicology lab. The defendant admitted several weeks later to the police in an interview to driving the motorcycle at the time of the crash and also drinking at a bar prior to the accident. The defendant was subsequently charged with DUI by the State. | |
| Defense: | Parks & Braxton filed several pre-trial motions to suppress the blood sample and the defendant's statements to police during his interview. | |
| Result: | On the day of the motion hearing, Parks & Braxton announced ready to proceed on the motions and the State Dismissed the DUI. | |
| Feb 14, 2013 | Case: 7248-XEX | Judge Denaro |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, glassy eyes, a flushed face, and slurred speech. According to the officer, the defendant failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, hr blew a .146 and .154 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The state dropped the DUI. | |
| Feb 14, 2013 | Case: 2012-CT-031866AXXX | Judge Hanser |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, slightly slurred speech, and red eyes. The defendant admitted to drinking two beers. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State pre-trial that none of the defendant's normal faculties were impaired. | |
| Result: | The DUI was Dismissed. | |
| Feb 12, 2013 | Case: 3643-XED | Judge Altfield |
| Facts: | The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, red eyes, and a raspy voice. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .184 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Feb 1, 2013 | Case: 12-CT-503946 | Judge Hayes |
| Facts: | The defendant was stopped for weaving all over the road and onto the grass almost hitting a lamp post. The officer noticed an odor of alcohol, bloodshot eyes, and he was having trouble focusing. He was asked to step out of the vehicle and he stumbled and almost fell. He could not stand without using his vehicle for support. He also admitted to drinking six beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 31, 2013 | Case: 2012-CT-026065AXXX | Judge Hanser |
| Facts: | The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test. | |
| Defense: | Parks & Braxton pointed out the State that the driving pattern on captured on video and the defendant's speech pattern caught on tape contradicted the arresting officer's reports. | |
| Result: | The State Dropped the DUI. | |
| Jan 16, 2013 | Case: 2011-CT-4835-GTH | Judge Garagozlo |
| Facts: | The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jan 15, 2013 | Case: CT-004527-XGA (JURY TRIAL) | Judge Dominguez |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine. | |
| Defense: | At jury trial, Parks & Braxton argued that the State had not proven beyond a reasonable doubt that the defendant was "driving" with a breath alcohol content of .08 or higher as required by Florida law. | |
| Result: | After the jury could not reach a unanimous verdict, the State Dropped the DUI. | |
| Jan 10, 2013 | Case: 2012-CT-001266A | Judge Kreider |
| Facts: | The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the urine results. In our motion, we alleged that the officer had no legal basis under Florida law and the facts of the case to request the urine sample. | |
| Result: | On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge. | |
| Jan 8, 2013 | Case: 11-007778MM10A | Judge Robinson |
| Facts: | The defendant was initially observed hitting two parked motorcycles and then leaving the scene. The DUI task force officer pulled the defendant over and observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant performed several field sobriety tests on video and was subsequently arrested for DUI. He then refused to submit to a breath test. | |
| Defense: | Despite the defendant's performance on the field sobriety tests, Parks & Braxton acquired his medical records which revealed certain illnesses which would explain his performance. Parks & Braxton told the defendant that he should proceed to trial. | |
| Result: | On the morning of trial, the State dropped the DUI. | |
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