| Jan 11, 2024 | Case: AI9MCYE | Judge Lawhorne |
| Facts: | The defendant was stopped for driving at a high rate of speed (over the speed limit) and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and a thick/slurred tongue. He was unsteady, staggered, and swayed. According to the DUI officer, he performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The officer who stopped the defendant did not smell any alcohol and did not observe any slurred speech. In fact, he told the DUI officer that he did not think the defendant was signal one (code for DUI). Yet, he was still being unlawfully detained for a DUI investigation. On tape, the defendant was not unsteady, never staggered, and didn't sway. Also, he also performed very well on the field sobriety tests on tape as compared to what was written. The DUI officer was making the defendant out to be a falling down drunk which was the complete opposite of the video tape. Now that the arresting officer's credibility was called into question, as the reports were totally contradicted by videotape, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jan 11, 2024 | Case: AI9MIVE | Judge Komninos |
| Facts: | The defendant was found passed out by police in a parking lot. Upon awakening the defendant, they observed a strong odor of marijuana, watery eyes, and he also had a bong in his hand. In addition, his speech was mumbled, he was lethargic and unsteady, and he also admitted to having smoked marijuana the day before. He then performed various roadside tests such as HGN (eye test) walk and turn, and the one leg stand. He was arrested for DUI and later refused a urine test. | |
| Defense: | The defendant was simply sleeping in his car in a parking lot. There was no reasonable suspicion of any crime suspected by the officers to legally justify them opening his door. Also, the defendant was not in actual physical control as he had no capability to operate the car as he was sleeping in a parking lot. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2024 | Case: AHFCA6E | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, bloodshot eyes, and he admitted to having drank two beers. The defendant then performed the HGN (eye test) and refused to perform any other tests. He was then arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant's speech was not slurred, he was not off balance, never swayed, walked normally, stepped out of the car normally, and was very polite. After negotiations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2024 | Case: 23-CT-044958 | Judge Garagozlo |
| Facts: | The defendant was involved in a traffic crash. The officer noticed the defendant to have an odor of alcohol, a flushed face, glassy eyes, and a sway to his stance. He performed poorly on the field sobriety tests and was arrested for DUI. He then blew a .237 and .231 in the breath machine. | |
| Defense: | The firm was able to point out to the state via the evidence that the defendant was not at fault in the crash. The other driver failed to yield and slammed into the passenger side of the defendant's car. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 9, 2024 | Case: 23-CT-010634 | Judge Conrad |
| Facts: | The defendant was stopped for weaving within her lane, straddling the lane markers, and swerving to avoid a collision with a wall. The officer noticed an odor of alcohol, slurred speech, and she was unsteady. The defendant also vomited in the back seat of the police car. The defendant performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .112 and .113 in the breath machine. | |
| 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 9, 2024 | Case: 23-CT-003855 | Judge Conrad |
| Facts: | The defendant was stopped for speeding, weaving, and almost rear-ending another car. The officer noticed an odor of alcohol, slurred speech, and sluggish movements. She also admitted to having consumed 2 to 3 drinks. After performing various roadside tests such as the walk and turn and one leg stand, she was arrested for DUI and later refused a breath test. | |
| Defense: | The video contradicted all aspects the officer's reports. The defendant's speech was not slurred and she was not sluggish. She performed much better on the roadside test as was described in the police reports. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 9, 2024 | Case: 2022CF00226AP | Judge Garcia |
| Facts: | The defendant was involved in a boating accident resulting in the death of his passenger. Earlier that day it was alleged that the defendant picked up several passengers and proceeded to a popular sandbar. After a few hours, the defendant and his passengers drove to another sandbar closer to home. It is alleged that the defendant was consuming alcohol while on the water. Eventually, the defendant left the sandbar and proceeded to drive towards home. Along the way the vessel allegedly crashed into a channel marker at high-speed, driving several hundred feet into the mangroves. At the same time, the victim was thrown from the boat and subsequently died. As part of the State's evidence, the police recovered all of the electronic data from the boat in an effort to reconstruct the crash. Body worn camera captured the defendant laying bloody in the boat. The initial officer observed several indicators of impairment including slurred speech, bloodshot/watery eyes, as well as a strong odor of alcohol. There were several alcohol "mixers" found in the boat as well. After the defendant was brought to shore he received medical treatment and subsequently air lifted to the hospital. At the hospital, a forced blood draw was performed resulting in a blood alcohol level of .111. The defendant was charged with Boating Under the Influence Manslaughter as well as Reckless Operation of a Vessel Resulting In Death. The defendant was facing 30 years in Florida State Prison. | |
| Defense: | Parks & Braxton began their independent investigation by taking depositions of all the witnesses that were on the vessel that day. All of the witnesses testified that the victim had been drinking and using drugs throughout the day. Additionally, they stated that at one point the defendant was so intoxicated that he almost fell off the back of the boat while it was in motion. Next, Parks & Braxton took depositions of the fire rescue officers who provided medical treatment onshore. Each witness contradicted the officer's claim that the defendant exhibited several indicators of impairment. The firm then deposed the officer who pulled the data from the boat without a search warrant. The officer provided a federal statute that allowed the officer to pull the data, but not for criminal investigative purposes. Finally, the officers secured the blood test without a search warrant. They alleged that because of the exigent circumstances there was no time to secure a search warrant. However, the independent investigation on the part of the defense clearly revealed that there was plenty of time to apply for a search warrant. In the end, the State Attorney recognized that too much evidence would be lost based on the failure to obtain search warrants. In addition, given the high level of the victim's intoxication, the State could not refute the possibility that the victim either repeated his earlier actions and simply fell off the boat himself or grabbed the wheel which resulted in the crash. The BUI Manslaughter was dismissed. The Reckless Operation of a Vessel Resulting in Death was dismissed. The defendant resolved the case to Misdemeanor Reckless Operation of a Vessel and received no jail. | |
| Result: | The Boating Under the Influence Manslaughter and Reckless Operation Resulting in Death were Dismissed. | |
| Dec 21, 2023 | Case: 12/21/2023 | Judge Garagozlo |
| Facts: | The defendant was stopped for following too closely. Officers noticed an odor of alcohol, slurred speech, and he admitted to having consumed several drinks. The defendant then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .140 and .135 in the breath machine. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 19, 2023 | Case: 23-CT-002960 | Judge Doyle |
| Facts: | The defendant was stopped for turning into the center lane, rather than the right lane which was closest. The officer noticed an odor of alcohol, slow responses, she gave inconsistent answers, and she admitted to having drank 3-4 cans of beer. The defendant performed poorly on field sobriety tests and was arrested for DUI. She later blew a .197 and .198 in the breath machine. | |
| Defense: | Issues were raised by the firm as to the lawfulness of the traffic stop since no traffic was affected by the turn. In addition, we also raised issues as to whether the officer even had the legal justification to request field sobriety tests as there was no evidence of impairment prior to the request (i.e., no erratic driving pattern, no speech issues, and no balance issues). | |
| Result: | The State dropped the DUI. | |
| Dec 14, 2023 | Case: AI9MCBE | Judge Lawhorne |
| Facts: | The defendant was stopped for driving over 90 mph and running a red light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His dexterity was also clumsy per the officer. He was immediately arrested for reckless driving and then the officer put a DUI on him later at the station. At the jail, he refused to perform any field sobriety tests or a breath test. | |
| Defense: | After viewing the defendant's video tape, it was clear that things were not true. For example, on the body worn camera tapes, one officer on scene says to the stopping officer, "he ran red lights too, correct," and the stopping officer stated in response, "I don't know if he ran any red lights." Yet, it was it written in the police reports that he ran a red light. The officers credibility were now called into question. After bringing this to the prosecutor's attention, they Dropped the DUI and also dropped his reckless driving charge to a civil careless infraction. | |
| Result: | The State dropped the DUI. | |
| Dec 14, 2023 | Case: AHPG1KE | Judge Croff |
| Facts: | Anonymous calls went out over police dispatch about a reckless driver and that the driver (i.e., the defendant) was hitting curbs. Officers located the car and went to check on the driver. The defendant was sitting in her car staring aimlessly at her cell phone which was dead and did not even see the officers approach. Officers noticed an odor of alcohol, bloodshot eyes, and slurred/fast speech. She had a flushed face, staggered while she walked, a blank/dazed expression, and swayed while she stood. She then performed poorly on roadside tests and was arrested for DUI. She later blew a .185 and .168 in the breath machine. | |
| Defense: | When there is an anonymous tip, police officers need corroboration of that tip to show reliability. The reason being is that anonymous tips are at the low end of the reliability scale. Here, the officers did not observe any driving pattern. (i.e., corroboration). Since the defendant was seized without corroboration, the initial contact and seizure of the defendant was unlawful. | |
| Result: | The State dropped the DUI. | |
| Dec 14, 2023 | Case: 23-CT-010297 | Judge Gutman |
| Facts: | The defendant was stopped for weaving, speeding and running a red light. The police officer noticed an odor of alcohol, a flushed face, slurred speech, and he appeared unsteady. He also had a red bar bracelet on his wrist and admitted to having drank alcohol. He then performed various field sobriety 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. | |
| Dec 14, 2023 | Case: 23-CT-010655 | Judge Gutman |
| Facts: | The defendant was stopped for driving without headlights after dark. The officer observed an odor of alcohol, glassy eyes, and an unsteady stance. He also had a wristband on his hand from a club. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .102 and .096 in the breath machine. | |
| Defense: | When the defendant blew into the machine, his first result was not a valid sample. However, it showed up as .000, meaning no alcohol. This was brought to the attention of the prosecutor that something may have been wrong with the machine because the defendant performed very well on the field sobriety tests. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2023 | Case: 23-CT-007813 | Judge Rich |
| Facts: | The defendant was stopped for drifting within his lane, fluctuating speeds, following too closely, and rapidly changing lanes. The officer noticed an odor of alcohol, red/watery eyes, and fumbling fingers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | Many of the observations written in the police reports were contradicted by the video tape. The firm had conversations with the prosecutor and they Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2023 | Case: 23-CT-006817 | Judge Rich |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Dec 11, 2023 | Case: 23-CT-013882 | Judge Damico |
| Facts: | The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal. | |
| Defense: | After conversations with the State about the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 11, 2023 | Case: 23-CT-013524 | Judge Damico |
| Facts: | The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently 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. | |
| Dec 7, 2023 | Case: 23-MM-043998 | Judge Atkin |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI. | |
| Defense: | The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2023 | Case: 23-CT-039341 | Judge Silverman |
| Facts: | The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances). | |
| Defense: | The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2023 | Case: 23-CT-032722 | Judge T. Brown |
| Facts: | The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine. | |
| Defense: | When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver. | |
| Result: | The State dropped the DUI. | |
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