| Feb 21, 2023 | Case: 22-CT-013523 | Judge Conrad |
| Facts: | The defendant was stopped for driving northbound in the southbound lane and crossing over the double yellow line. The officer noticed an odor of alcohol, a blank/dazed look, and slurred speech. He also appeared disoriented and had lethargic movements. The defendant only agreed to perform the HGN (eye test) and then refused to perform the rest of the field sobriety tests. He was then arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding conflicts between the videotape and the written reports, 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
| Feb 21, 2023 | Case: 22-CT-012067 | Judge Conrad |
| Facts: | The defendant was stopped for driving without any headlights illuminated. The officer noticed an odor of alcohol, glassy eyes, and she appeared unsteady. She then performed various field sobriety tests such as the walk and turn and one leg stand. She was arrested for DUI and later blew a .113 and .109 in the breath machine. | |
| Defense: | The defendant's video tape clearly showed she may have been under the legal limit at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Feb 21, 2023 | Case: 22-CT-014632 | Judge Panse |
| Facts: | Police responded to a call about a drunk driver. The defendant was found in the driver's seat and parked at a gate of a community. When the defendant rolled down her window, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and had an orbital sway while outside the car. Her movements were also clumsy and uncoordinated. After performing poorly on roadside tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | The lawfulness of the initial encounter with police was called into question. The officer had no corroboration of any DUI observations or driving pattern when he ordered her to roll down her window. It wasn't until her window was down that the officer started making all the DUI observations. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2023 | Case: 21-014690MU10A | Judge Brown |
| Facts: | The defendant was involved in a crash with extensive damage. The initial officer on scene observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, he testified that the defendant was extremely unsteady on her feet and was unable to locate her license and registration. Subsequently, a DUI task force officer arrived on scene to conduct an investigation. The DUI task force officer made similar observations. However, the defendant explained that she is fully functional, but suffers from autism. In addition, the defendant discussed the medications she takes. She subsequently refused both field sobriety tests as well as a breath test and was arrested for DUI. | |
| Defense: | Parks & Braxton took testimony from both officers. While their observations were fairly consistent, neither of the officers were able to fully detail the extent that the autism and the medications she took played in the investigation. Specifically, while she displayed some signs of impairment, the officers were unable to discount the possibility that the observations were equally consistent with the medication she consumed as opposed to alcohol consumption. On the morning of the trial the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2023 | Case: 22-CT-004782 | Judge Gutman |
| Facts: | The defendant was stopped for drifting back and forth and crossing over the laner markers. The officer noticed an odor of alcohol, a blank/dazed look, and slow movements. She had slurred speech, poor coordination, and admitted to having consumed 2 alcoholic beverages. She then performed various field sobriety tests and was arrested for DUI. She subsequently refused to take a breath test. | |
| Defense: | Many observations on the video contradicted the police reports. Her speech was not slurred, she did not appear to be moving slow, and she seemed responsive and coherent. The State Dropped the DUI after negotiations. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2023 | Case: 22-CT-004848 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mildly slurred speech, and she appeared unsteady. Her face was flushed and her eyes were bloodshot. The defendant had a wristband on from a club. After performing various roadside tests such as the walk and turn, HGN (eye test), and one leg stand, she was arrested for DUI. She later refused a breath test. | |
| Defense: | After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2023 | Case: 22-CT-015220 | Judge Moses-Stephens |
| Facts: | A concerned citizen called police that the defendant appeared drunk and was in no condition to drive. He also tried to stop the defendant from driving. The officer located the defendant and stopped the car. He observed an odor of alcohol, watery eyes, and a flushed/red face. He also had droopy eyelids and slurred speech. He then performed various field sobriety tests and was arrested for DUI. He later blew a .093 and .090 in the breath machine. | |
| Defense: | When an anonymous tip is called in, the police must observe some corroboration such as erratic driving to legally stop the car. Here, there was no corroboration at all. Thus, the traffic stop was unlawful. The State then Dropped the DUI and the defendant received no criminal conviction. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2023 | Case: 22-CT-002789 | Judge Dekleva |
| Facts: | The defendant was stopped for driving the wrong way into oncoming traffic. The officer observed an odor of alcohol, sluggish body movements, and thick tongued speech. She also had bloodshot eyes and appeared disheveled. She performed poorly on roadside tests and was arrested for DUI. She later blew a .187 and .182 in the breath machine. | |
| Defense: | After conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AGOW2XE | Judge Komninos |
| Facts: | The defendant was stopped for speeding after being seen leaving a gentleman's club. The officer noticed an odor of alcohol, a blank/dazed look, and his speech was slurred. He also had bloodshot eyes and starting demonstrating hand striking fighting motions to the officer for no reason. The defendant stated that he had consumed vodka with Red Bull. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test | |
| Defense: | After numerous discussions with the State about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AG5PURE | Judge Komninos |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, glassy eyes, and she stated that she had a few drinks. After performing various roadside tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | Many observations written in the reports detailing her performance on the roadside tests were contradicted by the DUI video tape. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AGE3LKE | Judge Komninos |
| Facts: | Police were called to the scene of a disturbance where there was a physical fight in which the defendant was involved. The defendant was seen leaving and was stopped by police. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was uneasy on his feet. The defendant then performed various field sobriety tests such as the finger to nose, one leg stand, and walk and turn. He was then arrested for DUI. | |
| Defense: | After several conversations with the State about the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: AG5PTTE | Judge Komninos |
| Facts: | The defendant was seen by an officer propping up his motorcycle after he had fallen. The officer went up to the defendant and noticed an odor of alcohol, glassy eyes, and an unsteady gait. The defendant stated he had drank two beers. The officer told the defendant, "don't drive and take an uber or taxi" and you won't be arrested for DUI. About 30 minutes later, the officer spotted the defendant on his bike and moving it. At that time, the officer once again stopped the defendant and began a DUI investigation. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Under Florida law, an officer must advise a defendant of the adverse consequences if they refuse to do roadside tests or the refusal will excluded from evidence. Here, the officer did not give any consequences. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2023 | Case: A6SA5VE | Judge Komninos |
| Facts: | The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred/thick tongued speech, and watery eyes. He appeared unsteady and swayed while outside his truck. The defendant performed only the HGN (eye test) and refused to perform any further roadside tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | Under Florida law, when a defendant refuses to perform roadside tests, they must be warned of adverse consequences by the officer for their refusal or the refusal will be excluded from evidence. Here, the defendant was not given any consequences. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2023 | Case: 22-CT-003712 | Judge Wish |
| Facts: | The defendant was stopped for weaving. Upon contact, the officer noticed an odor of alcohol, slurred speech, and a flushed face. She had balance issues, had a confused/dazed look, and was very hostile and profane towards the officers. She then performed various roadside tests very poorly and was arrested for DUI. She later refused a breath test. This was the defendant's Fourth arrest. | |
| Defense: | The firm announced ready for trial. After discussions with the State about conflicts in the evidence, the State Dropped the DUI just before the trial date. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2023 | Case: 22-CF-000403 | Judge Meadows |
| Facts: | The defendant drove his car off the roadway into a canal. A civilian saw the crash and pulled him out the car. Officers arrived on scene and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He appeared unsteady while standing outside the police car. He was asked to perform roadside tests to which he refused and was then arrested for DUI. He provided one breath result of .139 and refused to provide the legally required second sample. This was the defendant's Third DUI within ten years and he was charged with Felony DUI. | |
| Defense: | The firm took pretrial depositions of the police officers and the civilian witness. All the witnesses' testimony contradicted each other, as well as the police reports, and police video. The firm announced ready for trial. The week before trial, the State Dropped the Defendant's Felony DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-012839 | Judge Gutman |
| Facts: | The defendant was found passed out in his car. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Due to a lack of probable cause to arrest based on the body worn cameras, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-012838 | Judge Gutman |
| Facts: | The defendant was stopped for making erratic lane changes and speeding. Officers noticed bloodshot eyes, droopy eyelids, and slurred speech. He also had body tremors and had difficulty concentrating. He then performed various field sobriety tests such as HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later refused a urine test. Police found marijuana and a glass smoking bowl in the car post arrest. | |
| Defense: | Even though they found marijuana,. the State could not prove he was impaired by the marijuana. Officers noticed nystagmus in the defendant's eyes on the HGN (eye test). When one is under the influence of marijuana, there will be no nystagmus. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2023 | Case: 22-CT-010229 | Judge Gutman |
| Facts: | The defendant was found passed out in his car on the railroad tracks. Officers smelled an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also appeared to be confused and he stated that he had consumed three drinks. He performed poorly on roadside tests and was arrested for DUI. He later blew a .183 and .174 in the breath machine. | |
| Defense: | After several negotiations with the State about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 31, 2023 | Case: 22-CT-011805 | Judge Farr |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he made unusual statements. After performing roadside tests, he was arrested for DUI. Believing he was impaired by drugs, the defendant provided a urine sample which came back from FDLE positive for marijuana. | |
| Defense: | The State could not prove he was impaired by the marijuana because it could have been in his system for up to 30 days. | |
| Result: | The State dropped the DUI. | |
| Jan 31, 2023 | Case: 21-012381MU10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a crash whereby she crashed her car into the cement median on the highway. Florida Highway Patrol made contact with the defendant and observed a strong odor of alcohol, bloodshot eyes and a flushed face. After completing the initial crash investigation, the Trooper advised the defendant that he was now conducting a criminal investigation for DUI. The defendant presented a confused look throughout the conversation. While the alcohol and drug influence report indicated that the defendant had slurred speech, the Trooper testified differently in a sworn deposition. The defendant refused to participate in any field sobriety tests and was arrested for DUI. She subsequently refused a breath test. | |
| Defense: | Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest the defendant. In addition, the firm filed a second motion alleging that the refusal to submit to a breath test should be excluded as a violation of Florida Statute 316.1932. The Trooper testified in the hearing that the observations he observed were also consistent with an individual who was just involved in a crash. Ultimately, he testified that he could not confirm that the impairment that he witnessed was from alcohol. The motions were both granted and all of the evidence was excluded. | |
| Result: | The DUI was dismissed. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Contact a partner about your case at (954) 519-2290 or fill out the form here.