| Aug 9, 2019 | Case: 2019-MM-002010 | Judge Eissey |
| Facts: | The defendant was stopped after driving the wrong way toward oncoming traffic, almost causing a collision. The officer observed the defendant to have an odor of alcohol and an odor of marijuana. He had bloodshot eyes and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests. The defendant was also charged with possession of marijuana which was found in his car. | |
| Defense: | Although the officer described the defendant as a falling down drunk in his reports, he had a video camera in the patrol car. However, the firm discovered that the defendant's field sobriety tests were not captured on tape for unknown reasons. This was brought to the State's attention and they Dropped the DUI. The marijuana charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Aug 6, 2019 | Case: 2019-CT-007128 | Judge Conrad |
| Facts: | The defendant was stopped as he was trying to get through the gate at an air force base. Officers were called and they observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to having drank 4 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew a .166 and a .162 it the breath machine. | |
| Defense: | Since the defendant never got through the gate, there was no reasonable suspicion of a crime justifying the detention of the defendant. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2019 | Case: 18-022831MU10A | Judge Evans |
| Facts: | The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. She had a flushed face and swayed while she stood. She refused roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. The video that was taken at the BAT facility contradicted the officer’s observations at the scene. For example on tape, her speech wasn't mumbled and she wasn't swaying. On the day of trial, the State Dropped the DUI and she received no conviction in her record. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2019 | Case: 17-026385MU10A | Judge Mollica |
| Facts: | A call went out to police about an erratic driver. Police then found the vehicle stopped at a red light. The caller pointed the car out to police stating that it was the vehicle in question. The vehicle accelerated quickly thought the light, its tires squealed, and it fishtailed. Thee officers were behind the car, he weaved all over the road. Upon stopping him, the officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He had to brace himself while standing and he was off balance. The defendant performed very poorly on the field sobriety tests. He was arrested for DUI and later refused the breath test. This was the defendant's third DUI. | |
| Defense: | During depositions it was revealed that a civilian witness had taken a video of the defendant that the arresting officer was aware of, but failed to preserve. In addition, the officers failed to preserve a video that was taken in the holding cell. Finally, a deposition of a back-up officer revealed several inconsistencies with the arresting officer. Parks & Braxton announced ready for trial. The case was dropped by the State on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2019 | Case: 18-036110MU10A | Judge Levy |
| Facts: | The defendant was stopped for speeding. He was alleged to have been driving 106 mph in a 65 mph zone. Officers observed an odor of alcohol and detained the defendant for a DUI investigation. The defendant also stated he had drank 4 beers and he was asked to perform roadside tasks. He refused and was arrested for DUI. He later refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. On the day of trial, it was pointed out to the State that the officer did not advise the defendant of any adverse consequences for refusing the roadside tasks. Thus, his refusal would have been inadmissible into evidence. Also, there was no reasonable suspicion of any crime justifying the detention of the defendant based on the facts alleged above. On the day of jury trial, the State Dropped the DUI and he received No conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Aug 1, 2019 | Case: 18-035514MU10A | Judge Diaz |
| Facts: | The defendant was stopped for having an expired tag. The officers noticed the defendant to have an odor of alcohol, he stated that he "had a few," his eyes were red/watery, and he was swaying while he stood. The defendant refused to perform roadside tasks and was arrested for DUI. He later refused the breath test. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no reasonable suspicion of crime justifying the detention of the defendant. The video showed that he was not swaying and that he was responsive and coherent. The State conceded the motion and Dropped the DUI. The defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Aug 1, 2019 | Case: 2018-CF-015465 | Judge Nash |
| Facts: | The defendant was the at fault driver in a crash whereby he cut in front of another driver. Two people were injured in the crash. He then left the scene and was found by police. They observed an odor of alcohol, bloodshot eyes, slurred speech, and trouble with his balance. He refused roadside tests and was arrested for Leaving the Scene of an accident with injury (Felony) and DUI. He later refused the breath test. This was also the defendant's Second DUI. | |
| Defense: | Prior to taking pretrial depositions, the defense uncovered via discovery that the defendant actually only left the scene to call 911 because he didn't have a cell. Also, it was actually the victim's mom who told him to leave and call 911 and/or get help. The State Dropped the felony leaving the scene of an accident charge. They also Dropped the defendant's Second DUI as the defendant was never advised of any adverse consequences for refusing to perform field sobriety tests a required by law. | |
| Result: | The State dropped the DUI. | |
| Jul 31, 2019 | Case: 2019-CT-003069 | Judge Gutman |
| Facts: | Officers made contact with defendant after security at a bar stated that defendant was highly intoxicated. Officers then stopped the defendant as she was pulling out of the parking lot. They then observed her to have an odor of alcohol and bloodshot eyes. The defendant stated she had drank two beers. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .168 and .166 in the breath machine. | |
| Defense: | Parks & Braxton firm pointed out to the State that there was only a conclusory statement about her intoxication, without any specific facts. Under the law, there must be some facts supporting the conclusion. Thus, the initial seizure of the defendant was unlawful. | |
| Result: | The State dropped the DUI. | |
| Jul 31, 2019 | Case: 2019-CT-003059 | Judge Gutman |
| Facts: | The defendant was stopped for improper lane change and following to closely. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest he blew a .133 and a .116 in the breath machine. | |
| Defense: | Parks & Braxton called the lawfulness of the traffic stop into question as his alleged "improper lane changes" were only vaguely described. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 23, 2019 | Case: 19-CT-007521MU10A | Judge Diaz |
| Facts: | Officers responded to a vehicle crash, whereby the vehicle hit a light pole. When officers arrived, they came in contact with the defendant and his wife. They noticed an odor of alcohol on the defendant, slurred speech, and bloodshot eyes. He admitted to drinking beer and mixed drinks, and he also appeared very unsteady. The defendant stated his wife had been driving at the time of the crash and he only got in the car after the crash to see if could move it from the crash scene. The officers also had the defendant perform roadsides. He performed very poorly and was arrested for DUI. After his arrest, he blew a .174 and a .171 in the breath machine. It should be noted his wife was also arrested for DUI. | |
| Defense: | Prior to trial, the firm was able to prove that the vehicle was inoperable after the crash and at the time that the defendant entered the car. Under Florida law, if the vehicle became inoperable before the person drove or wasn’t in actual physical control while impaired, they could not be convicted of DUI. On the day of trial the DUI was Dismissed. | |
| Result: | The DUI was dismissed. | |
| Jul 23, 2019 | Case: 18-027325MU10A | Judge M. Brown |
| Facts: | The defendant was found passed out in his car on the shoulder of the road. Upon awakening the defendant, the officer observed an odor of alcohol and appeared unsteady. He was asked to exit the car and perform field sobriety tests. He performed very poorly. For example, on the walk and turn, the defendant stepped off the line, took an incorrect number of steps, and used his arms for balance. On the one leg stand, he put his foot down and could not complete the exercise. He was arrested for DUI and later refused the breath test. | |
| Defense: | Parks & Braxton took pretrial depositions of the two officers involved in the case. At the depo, the firm was able to question the officers and establish numerous inconsistencies in their testimony. The firm then filed a pretrial motion to suppress all the evidence. The firm not only argued that there was no legal basis to detain the defendant, but also that the officers were not credible. The Judge granted the motion and threw out all of the the evidence. The DUI was Dismissed. | |
| Result: | The DUI was dismissed. | |
| Jul 18, 2019 | Case: 19-0001872MU10A | Judge Gottlieb |
| Facts: | The defendant was found passed out in her car in the roadway. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot eyes, and slurred speech. After refusing to perform roadsides, she was arrested for DUI. She later refused the breath test. | |
| Defense: | Parks & Braxton took pretrial depositions of the two officers involved in the case. Upon questioning officer, the firm was able to impeach each officer with their own police reports, as well as the video. In addition, the defense was able to get each officer to provide conflicting testimony. After providing the two depos to the State, they Dropped the DUI and the defendant received no conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2019 | Case: 2018-CT-019817 | Judge Weis |
| Facts: | The defendant was stopped for speeding and failing to stop at a red light. According to the officer, he was traveling close to 100 mph. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He fumbled through his paperwork and seemed confused. The defendant refused to perform roadside exercises and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years. | |
| Defense: | The officer who conducted the traffic stop called for a DUI unit. However, the officer never asked for unit with an in car camera, even though others were available to film the defendant. Also, the defendant was never advised of any adverse consequences for refusing to perform the field sobriety exercises as required by case law. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 16, 2019 | Case: 2019-CT-001802 | Judge Smith |
| Facts: | The defendant was stopped for driving with no headlights and also hitting a curb. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and she was unsteady on her feet. Her speech was slurred at times and she admitted to having drank a couple of glasses of wine. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .151 and a .145 in the breath machine. | |
| Defense: | The video contradicted the officer's reports as to the specifics of her actual performance on the field sobriety tests, her speech pattern, and her balance. | |
| Result: | The State dropped the DUI. | |
| Jul 3, 2019 | Case: 18-CT-019685 | Judge Myers |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. He also fumbled around with his documents. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The firm announced ready to set the case for trial. Prior to trial, the firm pointed out numerous inconsistencies in the officer's reports and also contradictions as compared to the videotape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 2, 2019 | Case: 2019-CT-000881 | Judge Farr |
| Facts: | The defendant was stopped for weaving, swerving, and sitting through traffic light cycles. The officer observed her to have an odor of alcohol, bloodshot eyes, and she gave inconsistent statements. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .130 and a .119 in the breath machine. | |
| Defense: | The video contradicted the officer's report as to many aspects of the alleged impairment. The State Dropped the DUI and she received no conviction. | |
| Result: | The State dropped the DUI. | |
| Jun 26, 2019 | Case: 19-CT-005000 | Judge Castor |
| Facts: | The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and he admitted to having drank beer. He was unsteady on his feet and also swayed. He then performed numerous field sobriety tests and was arrested for DUI. After his arrest he blew. a .204 and a .197 in the breath machine. | |
| Defense: | When the officer turned on his police lights to initiate the traffic stop, the defendant did not stop immediately. He kept driving a bit until he reached his house. The officer ordered him out of the vehicle at gunpoint. There was no legal basis to justify the officer's initial detention by gunpoint as the defendant only drove a short distance, did not speed up upon seeing the police lights, and there was no evidence he was trying to flee. | |
| Result: | The State dropped the DUI. | |
| Jun 25, 2019 | Case: 18-028803MU10A | Judge Pole |
| Facts: | Police stopped the defendant after an anonymous caller stated that the defendant had struck a guardrail and was driving recklessly. Prior to the stop, the officers also spotted the defendant driving into oncoming traffic. The defendant had glassy eyes, constricted pupils, and rambled when he spoke. Believing he was impaired by drugs, as there was no odor of alcohol, he was asked to perform roadside tasks. He performed very poorly and was arrested for DUI. He later refused a breath and urine test. | |
| Defense: | Prior to trial, the firm filed a motion for statement of particulars. Were were requesting that the prosecutor advise us by what chemical and/or controlled substance was allegedly impairing the defendant. Under Florida law, to convict one of DUI drugs, the State must specify by which "specific" chemical and/or controlled substance the defendant is impaired by. Here, they could not and the State Dropped the DUI and the defendant recieved no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 21, 2019 | Case: 19-0020060MMM10A | Judge Levy |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant refused to perform roadsides and was arrested for DUI. She later refused the breath test. She also cursed and used derogatory slurs to the officers throughout the investigation. | |
| Defense: | Parks and Braxton filed a pretrial motion to suppress the refusal to provide a breath sample. Under Florida law, a breath sample cannot be requested by the police until after a person has been arrested for DUI. Here, the officer requested a breath test and read implied consent prior to arresting her. The State conceded the motion and Dropped the DUI. She received no conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Jun 20, 2019 | Case: 2019-CT-019301 | Judge Atkin |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and difficulty finding her items. They also noticed droopy eyelids, a flushed face, and low speech. The defendant stated she had drank two shots of tequila and two beers. She only performed the HGN (eye test) and then refused further testing. She was arrested for DUI and later refused the breath test. | |
| Defense: | On video, the defense pointed out that the officer had not properly placed his camera to capture the full DUI investigation. Thus, it was not only hard to see the defendant’s actions, but also hard to hear her speech. | |
| Result: | The State dropped the DUI. | |
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