| Mar 8, 2023 | Case: 22-CT-052327 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. Officers observed blood shot eyes, unable to maintain balance, and mumbling/slurred speech. Her movements were slow and she swayed while she stood. There was no odor of alcohol. Believing she was impaired by drugs, she was then asked to perform various field sobriety tests to which she complied. She was then arrested for DUI and later refused both breath and urine tests. | |
| Defense: | Under Florida law, to prove a DUI under Florida Statute 316.193, a person must be under the influence of either alcohol, and/or a chemical substance as specified in chapter 877 of the Florida Statutes, and/or a controlled substance as specified in chapter 893 of the Florida Statutes. Here, there was no odor of alcohol, no alcohol found, no statements about drinking, and no breath test. In addition, there were no drugs found, no urine test, nor did the defendant admit to taking any drugs. A person cannot be convicted of DUI simply because one appears impaired by "something." It must be one or a combination of the above in 316.193. After speaking with prosecutor and pointing out the issue, the State agreed that they could not prove the case and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Mar 8, 2023 | Case: 22-CT-052308 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding and crossing over the dotted lines. Officers noticed an odor of alcohol and burnt marijuana, red/glassy eyes, she appeared unsteady, and admitted to having consumed 3 alcoholic beverages and to smoking pot. She performed poorly on roadside tests. For example, she was asked to count backwards from 69 to 42 and she counted back to zero. She was arrested for DUI and later refused both breath and urine tests. | |
| Defense: | After several conversations with the State about the evidence and the defendant herself, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 8, 2023 | Case: 22-CT-047985 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. Upon contact, the officer observed an odor of alcohol, glassy eyes, a clumsy dexterity, and unprompted agitation. The defendant denied having anything to drink. He then performed various field sobriety tests and was arrested for DUI. He later blew a .155 and .151 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 7, 2023 | Case: 22-007592MU10A | Judge Levy |
| Facts: | The defendant was attempting to leave a parking lot and subsequently struck two vehicles. The crash was witnessed by three officers who were working a detail at a bar. The officers ran towards the defendant and noticed that she was attempting to leave the scene. They immediately stopped the vehicle and made contact with the driver. The lead investigator asked her why she was attempting to leave the scene of a crash. The driver stated that she was not involved in an accident. The officers all observed an extremely strong odor of alcohol, bloodshot eyes as well as slurred speech. They asked the defendant to exit the vehicle, but she was unable to stand on her own and was placed back into the car. One of the officers located the owners of the two vehicles that were struck in the accident and brought them to the crash scene. In court, one of the owners stated that the defendant was extremely uncooperative and could not stand on her own. The defendant was eventually asked to perform field sobriety tests to which she refused. She stated that she was not in an accident and not "drunk." She was subsequently asked to provide a breath test and was arrested for DUI. The defendant blew a .168 at the police station and subsequently refused to provide a second sample of her breath. | |
| Defense: | In order to request a breath test a person must first be placed under lawful arrest for DUI. In this case, Parks & Braxton filed a motion to exclude the breath test and subsequent refusal based on the fact that the request for a breath test was made before the arrest for DUI. In court the officer testified that while his initial request for a breath sample was prior to arrest, he stated that he asked for a breath test again after the defendant was placed under arrest. On cross-examination the officer admitted that he did not actually request a breath test a second time after arrest. Rather, the officer admitted that the defendant stated in the car that she was willing to do whatever it took to go home. He then testified that he drove her straight to the police station to acquire a sample of her breath. Parks & Braxton successfully argued that by his actions the officer led the defendant to believe that she would go home if she provided a breath test. In addition, the officer failed to read Miranda warnings during the initial stages of the investigation. The Court granted the motion to suppress and excluded any evidence regarding a breath test, a refusal to submit to testing as well as any and all statements made by the defendant. The State Attorney dismissed the case. | |
| Result: | The DUI was dismissed. | |
| Mar 2, 2023 | Case: AG5PV5E | Judge Komninos |
| Facts: | The police were called to a parking garage as the defendant and his passengers were causing a disturbance. Officers noticed the defendant to have an odor of alcohol, droopy eyelids, and mumbled speech. He had mood changes and swayed while he stood. After performing several roadside tests, he was arrested for DUI and later blew a .087 and .081 in the breath machine. | |
| Defense: | Issues were raised about the lawfulness of the initial detaining of the defendant. Also, due to the .02 margin of error in the breath machine, the firm was able to place both breath samples below the legal limit of .08. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2023 | Case: AG5PUFE | Judge Komninos |
| Facts: | The defendant was stopped for speeding, making sudden lane changes, and driving in an overall aggressive manner. The officer noticed an odor of alcohol, glassy/bloodshot eyes, and he swayed while he stood. He then performed various roadside tests such as the estimation 30 seconds (Romberg balance), one leg stand, and walk and turn. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | Many observations on the field sobriety tests were contradicted by the videotape. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2023 | Case: AG5PT3E | Judge Komninos |
| Facts: | The defendant was stopped for speeding. The officer noticed a strong odor of marijuana, his mouth was extremely dry, and he had noticeable body tremors. He had mumbled speech, swayed, and had vomit on himself. He then performed field sobriety tests and was arrested for DUI. He later refused a urine test. | |
| Defense: | The defendant's performance on the field sobriety tests was contradicted by the police reports. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2023 | Case: AG5PXVE | Judge Komninos |
| Facts: | The defendant was stopped for speeding, weaving, and failing to move over for an emergency vehicle. The officer noticed an odor of alcohol, red/puffy eyes, and he was wearing three different bar wristbands. He appeared unsteady and denied having anything to drink. He performed various roadside tests and was arrested for DUI. He later blew a .101 and .099 in the breath machine. | |
| Defense: | Due to the .02 margin of error the breath machine, the firm was able to place one of the defendant's breath test results under the legal limit of .08. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-501432 | Judge Gill |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and his coordination was slow. The car smelled like an alcoholic beverage had spilled. He refused to perform roadside tasks and was arrested for DUI. He later refused a breath test. | |
| Defense: | Based on the video tape evidence as pointed out to the prosecutor, it appeared that none of defendant's normal faculties were impaired. Thus, there was a lack of probable cause to arrest him for DUI. The State Dropped the DUI just before trial. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-010438 | Judge Gutman |
| Facts: | The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, watery eyes, and a blank/dazed stare. He also had slurred speech, a lethargic appearance, and poor balance. He performed various field sobriety tests and was arrested for DUI. He later blew .177 and .158 in the breath machine. | |
| Defense: | The defendant performed very well on the roadside tests on video tape. This clearly showed that the defendant was absorbing alcohol when he blew into the machine and his breath alcohol content was lower at the time of driving. After several conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-014293 | Judge Rich |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, he admitted to having drank 5 beers, and had droopy eyelids. His speech was slurred and he appeared unsteady. He then performed field sobriety tests and was arrested for DUI. He later blew a .198 and .197 in the breath machine. | |
| Defense: | After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-006654 | Judge Gutman |
| Facts: | The defendant was stopped for driving with no lights at night. The officer observed an odor of alcohol, glassy eyes, and he was lethargic in his movements. He had a wristband on from a nightclub. According to the officer's reports, he performed poorly on roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The officer's reports were contradicted by the videotape as to his performance on the roadside tests and all the other written observations. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-501419 | Judge Gill |
| Facts: | The defendant was stopped after an officer observed him exiting a parking lot without stopping before crossing the sidewalk. The officer noticed an odor of alcohol, watery/bloodshot eyes and slurred speech. The officer observed the defendant sway and stumble to catch his balance. According to the officer, he performed poorly on roadside tests such as the walk and turn and one legs stand. He was then arrested for DUI and later refused the breath test. | |
| Defense: | There was no video in the case. The officer’s reports were vague and without specific details describing the defendant's performance on the roadside tests. Just before trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: A9CCOLE | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and poor dexterity. The defendant stated he had consumed a couple of White Claws and also had a wristband form a club. He then performed various roadside tests and was arrested for DUI. He later blew a .173 and .165 in the breath machine. | |
| Defense: | The officer misled the defendant into taking a breath test. The officer told the defendant that he could get a hardship permit if he blew, but none if he refused. That is a misstatement of the law as one can obtain a hardship if they refuse the breath test as well. The officer went beyond the realm of the implied consent law and coerced the defendant into taking a breath test. Knowing that the breath test would be excluded from evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2023 | Case: 22-CT-008745 | Judge Gutman |
| Facts: | The defendant crashed her car by driving through barricades and then crashing into a center median. When officers arrived, they noticed an odor of alcohol, glassy eyes, and she appeared unsteady on her feet. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | Between the video and written reports, there was a lack of probable cause to arrest her for DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 27, 2023 | Case: 22-CT-501996 | Judge Gill |
| Facts: | The defendant was stopped after an officer observed him leave the left lane and strike a curb. The officer noticed an odor of alcohol, bloodshot eyes, and thick tongued speech. The defendant stated that he had consumed a few drinks and he also had a wristband on from a bar. He performed various roadside tests such as HGN (eye test), walk and turn, and one leg stand. He was then arrested for DUI and later blew a .133 and .130 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | The firm filed a motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no probable cause or reasonable suspicion of a crime to stop the defendant based on him hitting a curb one time. There could have been 100 innocent explanations such as looking at your phone or playing with the radio for a split second. The State Agreed and Dismissed the defendant's Second DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2023 | Case: 22-CT-004410 | Judge Taylor |
| Facts: | The defendant was stopped for traveling southbound in the northbound lane. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His pupils were dilated and he had a noticeable sway while standing. He performed various roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | On tape, the defendant's speech was not slurred and he did not sway. Based on conflicts in the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 22, 2023 | Case: 22-CT-009278 | Judge Denkin |
| Facts: | The defendant was stopped for speeding and weaving. Officers observed an odor of alcohol, slurred speech, and a "vacant" stare. His eyes were glossy, he leaned on the trunk for balance, and he denied having anything to drink. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | After several discussions with the State about the evidence and the defendant, the State agreed to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 22, 2023 | Case: 22-CT-011337 | Judge Taylor |
| Facts: | The defendant was stopped for driving without his headlights illuminated. The officer noticed an odor of alcohol and requested the defendant to perform roadside tests. After performing the field sobriety tests, he was arrested for DUI. He subsequently refused a breath test. | |
| Defense: | An odor alone is legally insufficient to provide reasonable suspicion of DUI to request roadside tests. The State, realizing they would lose all the field sobriety tests in evidence, Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 21, 2023 | Case: 22-CT-002273 | Judge Conrad |
| Facts: | The defendant crashed his car into a ditch and collided with a tree line. A civilian witnessed the crash and ran over to help. When the first officer arrived, he noticed an odor of alcohol and vomit on the defendant's shirt. The defendant was then transported to the hospital where another officer met him there. At the hospital, that officer noticed slurred/thick tongued speech and the defendant appeared very confused about the crash. He did not smell any alcohol. A medical blood draw was done which later showed a .252 blood alcohol result (over three times the legal limit). | |
| Defense: | Parks & Braxton took pretrial depositions of the two officers and the civilian. Due to conflicting sworn statements between the three witnesses, issues were raised by the firm about the lawfulness of the investigation leading up the blood draw. | |
| Result: | The State dropped the DUI. | |
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