| Jun 20, 2019 | Case: 2019-CT-002170 | Judge Bigney |
| Facts: | The defendant was involved in a sideswipe crash. When officers arrived, he was observed to have an odor of alcohol, red eyes, and slurred speech. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped of the line numerous times, used his arms for balance, and swayed the entire time. On the one leg stand, he put his foot down numerous times and stumbled. He was then arrested for DUI and later blew a .187 and a .181 in the breath machine. This was the defendant's Third DUI. | |
| Defense: | Prior to trial, the firm pointed out to the State that the defendant was not the at fault driver. Also, the video contradicted the reports. For example, his speech was not slurred on tape. Thus, there was doubt as to whether the officer had enough reasonable suspicion of crime to even conduct a DUI investigation. The State Dropped the DUI and he received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 18, 2019 | Case: 2019-CT-000871 | Judge Hitzemann |
| Facts: | The defendant was stopped for weaving all over the road. This driving pattern was captured on video tape. Upon being stopped, the officer observed the defendant to be lethargic, he had trouble focusing, fumbled with his documents and appeared to be falling asleep. He had bloodshot eyes, slurred speech, and trouble sitting upright. The officer did not smell any alcohol, but believing he was impaired by drugs, asked him to perform roadsides. The defendant performed poorly and was arrested for DUI. He later refused both a breath and urine test. | |
| Defense: | Under Florida law, to convict one of DUI involving drugs, the State must prove under 316.193 (Fla. Statutes) that a defendant was impaired by a "specific" chemical and/or controlled substance. Here, the firm pointed out to the State that they could not. The Sate Dropped the DUI and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2019 | Case: 2019-CT-002522 | Judge Booras |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and his movements were slow and lethargic. He admitted to having consumed 4 Grey Goose vodkas. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .202, a .188, and a .199 in the breath machine. | |
| Defense: | Parks & Braxton was able to show that the machine was having issues as there were three results, and not the required two samples. | |
| Result: | The State dropped the DUI. | |
| Jun 12, 2019 | Case: 2019-CT-001496 | Judge Mcginnis |
| Facts: | The defendant was accused of being the at fault driver in a side swipe crash. When officers arrived, they smelled an odor of alcohol, noticed bloodshot eyes, and and his lips were dry. He staggered as he walked and appeared slow and unsteady. He performed very poorly on the the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .134 and a .132 in the breath machine. | |
| Defense: | The firm announced ready for trial. Although there was a witness who stated that the defendant was the driver, the firm provided physical proof to the State that the female in the defendant's car was actually the driver. On video, the defendant adamantly denied being the driver and the female stated she was the driver. We provided pictures to the State that showed the injuries to the defendant's neck and body were consistent with seat belt marks proving he was in the passenger seat as the marks on his body were from right to left. A week prior the trial date, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jun 12, 2019 | Case: 18-024685MU10A | Judge M. Brown |
| Facts: | The defendant was stopped for failure to maintain a single lane. Specifically, he would drift out of his lane and into the bicycle lane. He was also slow to go through a green light. The officer observed the defendant to have an odor of alcohol, slow/slurred speech, and he admitted to having consumed three drinks. He also stated he had taken Xanax. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. While cross examining the officer who conducted the stop, his credibility was called into question. He was impeached numerous times with his reports and body worn camera. The Judge granted the motion and threw out all of the evidence. The State dismissed the DUI. It should be noted that the firm also beat the defendant's first DUI. | |
| Result: | The DUI was dismissed. | |
| Jun 10, 2019 | Case: 2019-CT-017422 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had difficulty finding her documents. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .185 and a .178 in the breath machine. | |
| Defense: | The defense pointed out issues surrounding whether or not the defendant had been improperly coerced into taking a breath test. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2019 | Case: 2019-MM-01266AP | Judge Hamilton |
| Facts: | The defendant was stopped for driving with no taillights activated. The officer observed an odor of alcohol, bloodshot eyes, a flushed face, and he admitted to having two beers. According to the officer, he failed the roadside tests and was arrested for DUI. He subsequently refused the breath test. | |
| Defense: | The video tape contradicted the officers reports as to the level to the defendant's alleged impairment. The firm was ready for trial. The State then Dropped DUI and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2019 | Case: 18-CT-021492 | Judge Senior for Lefler |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and fumbling fingers. He had watery eyes and was unsteady. According to the officer, he failed the field sobriety tests and was arrested for DUI. | |
| Defense: | Due to a language barrier, it was unclear if the defendant understood all the instructions on the roadside tests. Thus, there was doubt if the alleged impairment was due to alcohol or simply not understanding the instructions due to language difficulties. | |
| Result: | The State dropped the DUI. | |
| Jun 5, 2019 | Case: 2018-CT-001197 | Judge Jeske |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having two drinks. After performing the HGN (eye test), he refused to perform all further roadsides. He was then arrested for DUI and later refused the breath test. | |
| Defense: | The firm discovered through discovery that the HGN (eye test) had been done by another cop, not on video, and not documented. As the results could have been exculpatory (i.e. favorable to the defendant), the two police officer's credibility were called into question. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2019 | Case: 2019-CT-002622 | Judge Palomino for Lefler |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then agreed to perform field sobriety tests. He was subsequently arrested for DUI. After his arrest, he blew a .090 and a .090 in the breath machine. | |
| Defense: | There is a .02 margin of error in breath testing. Thus, the firm was able to show the state that the defendant's breath results could have been under the legal limit. The State then Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2019 | Case: 2019-CT-001531 | Judge Conrad |
| Facts: | The defendant was stopped after a call went out about a reckless driver. When officers made contact, they observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed poorly on the field sobriety tests. She was then arrested for DUI. After her arrest, she blew a .157 and a .150 in the breath machine. | |
| Defense: | There was no corroboration of the the alleged "reckless driving" pattern. Without any corroboration, the lawfulness of the traffic stop was called into question. | |
| Result: | The State dropped the DUI. | |
| May 21, 2019 | Case: 2019-CT-015964 | Judge T. Brown |
| Facts: | The defendant was stopped for weaving and almost causing a crash. The defendant had an odor of alcohol, slurred speech, and bloodshot/watery eyes. She exited the vehicle slow, staggered as she walked, and also swayed. After performing field sobriety tests, she was arrested for DUI. After her arrest, she blew a .134 and a .130 in the breath machine. | |
| Defense: | The legality of the traffic stop was called into question as the alleged driving pattern was only vaguely described. | |
| Result: | The State dropped the DUI. | |
| May 20, 2019 | Case: 2018-CT-007009-O | Judge Caraballo |
| Facts: | The defendant was stopped for driving at a high rate of speed, stopping abruptly, and nearly causing a crash. The officer noticed an odor of alcohol, glassy eyes, and poor dexterity. She admitted to having consumed vodka/cranberry cocktails. She performed poorly on the field sobriety tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant had two herniated discs and a shoulder injury from a prior traffic crash whereby she had been hit by a Ram 2500 pickup truck. Yet, the officer still had her do the walk and turn and one leg stand exercises. He didn't conduct any non-physical exercises such as the finger to nose or alphabet. Thus, any impairment could have equally been attributable to the injuries versus alcohol. The State Dropped the DUI and the defendant received no conviction. | |
| Result: | The State dropped the DUI. | |
| May 20, 2019 | Case: 2019-MM-005118 | Judge Booras |
| Facts: | Florida fish and wild life law enforcement boarded the defendant's boat for a safety inspection. They observed the defendant to have an odor of alcohol and watery/bloodshot eyes. He was then asked to perform field sobriety tests. He performed the HGN (Eye test), palm pat, finger to nose, and hand coordination exercises. He was then arrested for Boating under the influence. After his arrest, he refused the breath test. | |
| Defense: | The officer did not write any specifics as they related to the roadside tasks. Also, one's eyes can be watery and bloodshot after being in the sun and on the sea water. In addition, none of the defendant's normal faculties were impaired. The firm convinced the State to then Dismiss the Boating under the influence charge. | |
| Result: | The DUI was dismissed. | |
| May 14, 2019 | Case: 2018-CT-018939 | Judge Dominguez for Lefler |
| Facts: | The defendant was stopped for driving the wrong way on the highway causing others to avoid a collision. The defendant appeared disoriented and had glassy eyes. When the defendant spoke, he did not make any sense and also had difficulty following directions. He admitted to taking several unknown prescription medications. There was no odor of alcohol, but the officer suspected impairment by drugs. After performing poorly on the field sobriety tests, he was arrested for DUI. He later refused both a breath and urine test. | |
| Defense: | Prior to trial, the firm filed a motion for statement of particulars in order to force the State to disclose, as requited by the DUI Statute, by which "specific" drug they are alleging that the defendant was impaired by. In order to convict someone of DUI in Florida, the State the must prove that the defendant was impaired by alcohol and/or a "specific" chemical and/or controlled substance. Here, the State was not able to name the specific substance that was impairing the defendant. The DUI was dropped and he received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| May 9, 2019 | Case: 2018-MM-014085 | Judge Conrad |
| Facts: | The defendant was stopped for swerving and almost colliding with a semi truck. Officers observed an odor of alcohol, glassy eyes, and he handed them a credit card instead of his drivers license. He also had slurred speech and performed poorly on the field sobriety tests. He was arrested for DUI. In a search incident to arrest for the DUI, officers also found marijuana and drug paraphernalia. | |
| Defense: | It was pointed out to the state that the officer was unsure what was allegedly impairing the defendant. On tape, when asked by the defendant what he was under the influence of, the officer stated "probably " alcohol. If the arresting officer is unsure, then how can the case be proven beyond a reasonable doubt in court. The state dropped the DUI and also dismissed both drug charges. | |
| Result: | The State dropped the DUI. | |
| May 8, 2019 | Case: 2019-CT-013435 | Judge Atkin |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, glossy/watery eyes, and slurred speech. The defendant stated he had drank 3 to 4 beers, was slow exiting the vehicle, and swayed wile he stood. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a. 190 and a .175 in the breath machine. | |
| Defense: | The lawfulness of the traffic stop was called into question since it was unclear all of the specifics of distance and time of the alleged driving pattern. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 2, 2019 | Case: A2FJW9P | Judge Sosa-Bruzon |
| Facts: | The defendant was passed out in his car in the middle of an intersection. Upon awakening the defendant, his car rolled forward and crashed. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He had vomit on him and was extremely unsteady. He admitted to having consumed beers and performed very poorly on the roadside tasks. He was arrested for DUI and later blew a .198, and a .180 in the breath machine. | |
| Defense: | The firm pointed out to the State, that on the body worn cameras, the defendant was improperly coerced into taking the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2019 | Case: 2018-CT-058468 | Judge Babb |
| Facts: | The defendant was stopped for failing to maintain a single lane and having an inoperable tail light. The officer noticed the defendant to have an odor of alcohol, slow/slurred speech, and bloodshot/glassy eyes. She also staggered and swayed. After performing the field sobriety tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | The defendant attempted to blow into the machine numerous times and never actually refused. However, there were numerous problems with the machine each time she attempted to provide a sample. Due to the machine having problems, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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