| Feb 15, 2024 | Case: 22-010497CF10A | Judge Kollra |
| Facts: | The defendant was charged with a third offense felony DUI. He was involved in a crash whereby he drove his vehicle into a tree. It is important to note that the defendant did not suffer any injuries. There were several witnesses to the crash. The defendant left the scene in a different car, but returned shortly thereafter. After the witnesses identified the defendant as the driver the officers began conducting a DUI investigation. The officers asked the defendant a series of questions relating to his health. He informed them that he was a diabetic. He did not, however, tell the officers that he was suffering from a high or low blood sugar level. In addition, he did not complain of any injuries. The officers conducted a series a field sobriety tests and subsequently arrested the defendant for DUI. After arrest he was asked to provide a breath test to which he agreed. Fire rescue informed the police that the defendant had to be medically cleared first before they can take him to jail. As a result, the officers requested a blood test claiming that because the defendant was going to the hospital for medical clearance it would be impractical to obtain a breath test. He subsequently agreed. His blood alcohol level was a .257 (over three times the legal limit). | |
| Defense: | Florida law does permit an officer to request a blood test if a breath test would either be impossible or impractical. After taking depositions of the officers, counsel discovered that the defendant's blood sugar level was actually checked on scene in the fire rescue truck. In addition, the officers admitted that they conducted a comprehensive medical check which came back normal. There was no reason to bring the defendant to the hospital. In fact, the defendant was only in the hospital for a total of 37 minutes. There was plenty of time to take the defendant to the breath alcohol testing facility to secure a breath test. Counsel filed a motion to exclude the .257 blood test as a violation of the defendant's 4th Amendment rights. The State conceded the motion and the DUI was completely dropped. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Feb 7, 2024 | Case: 23-CT-012447 | Judge Taylor |
| Facts: | The defendant was stopped for driving with no lights after dark and an obstructed tag. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and slurred speech. His movements were slow and deliberate, he appeared lethargic, and had fumbling fingers. He performed poorly on field sobriety tests and was arrested for DUI. He 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. | |
| Feb 7, 2024 | Case: AGR46XE (23-07384MM) | Judge Vaccaro |
| Facts: | Police were called to a bar because the defendant was allegedly causing a disturbance and needed to be trespassed. When the officer arrived, he came into contact with the defendant as she was seated in her truck with the engine running. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She appeared unsteady, swayed, and she was very irate. She agreed to perform only the HGN (eye test) and then refused to perform any further roadside tests. She was then arrested for DUI and later refused a breath test. After her arrest, she was cursing and swearing at the officer the entire ride to the jail. She was also charged with disorderly conduct. | |
| Defense: | The firm announced ready for trial. On video and prior to her arrest on tape, she was not swaying, nor did she appear unsteady. In addition, her speech was not slurred. In fact, she appeared totally responsive and coherent. It was apparent on tape that the officer was getting frustrated and arrested her simply because she didn't want to perform roadside tests. She was very angry and cursing in the back of the patrol car because she felt she was being wrongly accused. On the day of trial, the State Dropped the DUI and dismissed the disorderly charge. | |
| Result: | The State dropped the DUI. | |
| Feb 7, 2024 | Case: 23-CT-015871 | Judge Rich |
| Facts: | The defendant was the at fault driver in a side swipe crash. When officers arrived, they observed the defendant to have an odor of alcohol, red/watery eyes, and he swayed and stumbled. He refused to perform roadside tests and was arrested for DUI. He later blew a .149 and .147 in the breath machine. | |
| Defense: | On tape, the defendant requested an independent blood test. When a defendant does that, they must agree to take a breath test to which the defendant did. Under the law, an officer must give them some assistance such as either a cell phone or some means to contact whomever to get that test. Here, the Officer did nothing to assist. Thus, the breath test would have been excluded from evidence. Short of filing a motion to suppress, the State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 6, 2024 | Case: 23-CT-009398 | Judge Conrad |
| Facts: | The defendant was stopped for speeding, cutting off another car, and crossing over the fog line markers. The officer observed an odor of alcohol, bloodshot eyes, and a bar bracelet on his wrist. He also had slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 6, 2024 | Case: 23-CT-015894 | Judge Gutman |
| Facts: | The defendant was stopped for driving on a rim without a front tire. The officer noticed an odor alcohol, slurred speech, and watery/glassy eyes. She also appeared unsteady on her feet and admitted to having consumed two drinks. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2024 | Case: 23-CT-015821 | Judge Booras |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, slurred speech, and she admitted to consuming beer and whiskey. She swayed while standing. She performed various field sobriety tests and was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | After reviewing the DUI video, many observations written in the police reports were contradicted by the video tape. | |
| Result: | The State dropped the DUI. | |
| Jan 30, 2024 | Case: 23-CT-009564 | Judge Gutman |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. She also had bracelets on her wrist from a bar. She then performed various field sobriety tests such as the one leg stand, walk and turn, and HGN (eye test). She was then arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant performed very well on the field sobriety tests and we pointed out that there was a lack of probable cause to arrest her. | |
| Result: | The State dropped the DUI. | |
| Jan 30, 2024 | Case: 23-CT-014900 | Judge Gutman |
| Facts: | The defendant was stopped for weaving and following too closely. The officer noticed an odor of alcohol, watery eyes, unstable balance, slurred speech, and he leaned against the car for balance. He performed poorly on the videotaped roadside tests and was arrested for DUI. He 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. | |
| Jan 26, 2024 | Case: 23-CT-013903 | Judge Zuckerman |
| Facts: | The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test. | |
| Defense: | After several conversations with the prosecutor and their supervisor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 25, 2024 | Case: 23-CT-015790 | Judge Bristow |
| Facts: | The defendant was stopped for driving very slowly and weaving. The officer noticed an odor of alcohol, slow/slurred speech, and glossy eyes. The defendant had a sway to his stance, a flushed face, and he admitted to having drank four beers. He performed very poorly on the videotaped field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After speaking with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2024 | Case: 23-CT-002542 | Judge Woolsey |
| Facts: | The defendant was stopped for weaving. She was drifting from left to right and riding on the fog line. The officer noticed an odor of alcohol, extremely thick tongued speech, and the defendant stated she had been drinking alcohol. She then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2024 | Case: 23-CT-016994 | Judge Damico |
| Facts: | The defendant was stopped by police for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing field sobriety tests, she was arrested for DUI. She later blew a .094 and .096 in the breath machine. | |
| Defense: | Due to the .02 margin of error in the breath machine, the firm was able to place both breath results below the legal limit. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2024 | Case: 23-CT-010270 | Judge Conrad |
| Facts: | The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2024 | Case: 23-CT-502400 | Judge Gill |
| Facts: | The defendant was the at fault vehicle in a sideswipe traffic crash on Interstate 75. The defendant fled the scene and was eventually caught. Officers noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He stumbled as he walked, swayed, and admitted to having consumed mixed drinks and beers. He then refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was also charged with leaving the scene of an accident. | |
| Defense: | Although the officer had an in-car camera, he never put the defendant in front of the camera so we can truly observe his demeanor and hear him speak. In addition, the officer took an audio recorded statement of the defendant, however, the police never turned it over to the State. Due to the above issues, the State Dropped the DUI. The defendant also received no conviction for the leaving the scene of the accident charge. | |
| Result: | The State dropped the DUI. | |
| Jan 18, 2024 | Case: 23-CT-046189 | Judge Ingram |
| Facts: | The defendant was stopped for having illegal dark tint. Once stopped, the officer observed slow speech, red/bloodshot eyes, and a strong odor of marijuana emanating from the car. He appeared drowsy and fatigued, swayed, and had eyelid tremors. According to the officer, the defendant tried to hide a marijuana blunt in a soda cup in his center console. Believing he was impaired by the marijuana, the defendant performed various field sobriety tests and was arrested for DUI. He later submitted to a urine test which came back positive for marijuana from the lab. He was also charged with felony tampering with evidence for trying to hide/destroy/conceal the blunt. | |
| Defense: | The firm spoke to the State immediately after the defendant was arrested and convinced them that this was not tampering with evidence,. He never tried to destroy or conceal it as he simply put in a soda cup. The State agreed and never filed the felony charge. Later on, we pointed out that on tape the defendant's normal faculties were not impaired and the officer totally exaggerated the police reports as to the level of impairment. The State agreed and Dropped the DUI to a civil careless driving infraction. | |
| Result: | The State dropped the DUI. | |
| Jan 18, 2024 | Case: 23-CT-010586 | Judge Rich |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed glassy eyes, slurred speech, and a strong odor of alcohol. The defendant admitted to having drank 1 alcoholic beverage. He performed poorly on roadside and was arrested for DUI. The officer actually believed he was impaired by drugs and requested urine to which the defendant provided a sample. It was then sent to the FDLE lab. | |
| Defense: | The lab never turned the report over to the State. Thus, the State could not provide it to the defense. Due to the unknown whereabouts of the lab report the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 18, 2024 | Case: 23-CF-051444 | Judge T. Brown |
| Facts: | Police were called to a gas station parking lot because the defendant was found passed out behind the wheel. Once they awoke the defendant, they smelled burnt marijuana emanating from the car, her eyes were watery/bloodshot, very slurred speech, a fixed gaze, and her pupils were dilated. She performed various non-physical roadside tests such as the HGN (eye test), finger to nose, and the alphabet. She was then arrested for DUI and later provided a urine test which came back positive from the lab for marijuana and two other controlled substances. She also was also arrested for Felony possession of controlled substance for a pill found in the car to which she didn't have a prescription for. | |
| Defense: | When police arrived, she was legally parked in a parking space. The caller was unknown, thus making them anonymous. The officer opened her door without making any DUI observations (i.e., no corroboration of the anonymous tip). For all he knew, she was simply sleeping and not doing anything wrong. By the act of opening her door, we put forth that she was illegally being seized along with other facts like the officer pulled in behind her with police lights. The State Dropped the DUI and she also received no felony conviction the possession charge. | |
| Result: | The State dropped the DUI. | |
| Jan 16, 2024 | Case: 23-CT-007152 | Judge Jewett |
| Facts: | The defendant was the at fault driver in a traffic crash. He rearended another car in a parking lot. Officers arrived and noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to being drunk and that he knew he had one too many. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .141 and .142 in the breath machine. | |
| Defense: | When officers arrived, the defendant was outside his car. After conversations with the State about a lack of a "wheel witness," they Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 11, 2024 | Case: AI9MANE | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding and swerving. The officer noticed an odor of alcohol, glossy eyes, and his speech was delayed and slurred. After performing various roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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