| Jan 22, 2025 | Case: 24-CT-013306 | Judge Taylor |
| Facts: | The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they 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 22, 2025 | Case: 24-CT-011540 | Judge Bagge-Hernandez |
| Facts: | The defendant was the at fault driver in a rear end traffic crash. Witnesses stated that she was driving at a high rate of speed and cutting across lanes of traffic prior to the accident. Officers noticed an odor of alcohol, slurred speech, and watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2025 | Case: 24-CT-013463 | Judge Taylor |
| Facts: | The defendant drove up to officers as they were on an unrelated traffic stop/crash scene. Officers approached him and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also urinated on himself and had an unsteady stance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, they Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2025 | Case: 24-CT-013268 | Judge Taylor |
| Facts: | The defendant was stopped for speeding and also nearly striking a police car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He exhibited unsteady balance and admitted to having drank alcohol. He performed poorly on the roadside tests such as the walk and turn and one leg stand. He was arrested for DUI and later blew a .182 and .175 in the breath machine. | |
| Defense: | After negotiations regarding the defendant and evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2025 | Case: 24-CT-013306 | Judge Taylor |
| Facts: | The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-045137 | Judge Skinner |
| Facts: | Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit). | |
| Defense: | The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-047530 | Judge Skinner |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-400419 | Judge D. Johnson |
| Facts: | The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine. | |
| Defense: | The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-011420 | Judge Gutman |
| Facts: | The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversations about the case just prior to trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-013276 | Judge Gutman |
| Facts: | The defendant was stopped for making an illegal turn. The officer noticed an odor of alcohol, a tired/lethargic appearance, and slurred speech. He also had a blank/dazed stare, slow/deliberate movements, and watery eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .147 and .147 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-011792 | Judge Gutman |
| Facts: | The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI. | |
| Defense: | Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-010797 | Judge Gutman |
| Facts: | The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-013299 | Judge Gutman |
| Facts: | The defendant was stopped after he was weaving and nearly struck a concrete barrier. Officers noticed an odor of alcohol, several open beer bottles in the cabin of the truck, and bloodshot eyes. His speech was slurred and he was unable to answer basic questions. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After several negotiations regarding the case, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-045137 | Judge Skinner |
| Facts: | Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit). | |
| Defense: | The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-047530 | Judge Skinner |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-400419 | Judge D. Johnson |
| Facts: | The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine. | |
| Defense: | The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-011420 | Judge Gutman |
| Facts: | The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversations about the case just prior to trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-013276 | Judge Gutman |
| Facts: | The defendant was stopped for making an illegal turn. The officer noticed an odor of alcohol, a tired/lethargic appearance, and slurred speech. He also had a blank/dazed stare, slow/deliberate movements, and watery eyes. He performed poorly on roadside tests and was arrested for DUI. He later blew a .147 and .147 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-011792 | Judge Gutman |
| Facts: | The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI. | |
| Defense: | Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2025 | Case: 24-CT-010797 | Judge Gutman |
| Facts: | The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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