| Apr 30, 2019 | Case: 2018-CT-019322 | Judge Farr |
| Facts: | The defendant was stopped for running a stop sign. The officer observed the defendant to have an odor of alcohol, red/glassy eyes, and mumbled speech. According to the officer, he failed all the field sobriety tests and was arrested for DUI. This was the defendant's Third DUI. | |
| Defense: | Prior to trial, it was pointed out to the State that the officer's reports contradicted each other. For example on one page, the officer wrote that the defendant was riding a red bike, however, he was actually driving a blue jeep. On another page, he stated that he observed nystagmus in the defendant's eyes prior to 45 degrees during the HGN (eye tests). Yet, on another page, he did not observe any nystagmus. Also, the officer tried to make the defendant out to be a falling down drunk which was contradicted by the videotape. The State Dropped the defendant's Third DUI just prior to trial. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Apr 30, 2019 | Case: 2018-CT-048511 | Judge Atkin |
| Facts: | The defendant was stopped for speeding and weaving. Upon contact, the officer observed an odor of alcohol, bloodshot eyes, and a dry mouth. The defendant was slow exiting the vehicle, slow walking, and swayed while he stood. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm pointed out that the defendant had inner ear surgery which caused balance issues. He also had a traumatic brain injury which caused cognitive and balance issues. Thus, we pointed out that there was reasonable doubt as to whether the impairment was due to his injuries versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2019 | Case: 2019-CT-001073 | Judge Epperson |
| Facts: | The defendant was stopped by police after he was stopped in the middle of the road obstructing traffic. The defendant was asked to step out the vehicle. Once out, the officer observed glassy/red/bloodshot eyes, he swayed, and also staggered. The defendant "weaved" while he walked and continuously licked his lips. Believing he was impaired by some type of chemical and/or controlled substance, he was asked to perform field sobriety tests. According to the officer, he failed and was arrested for DUI . After his arrest, he submitted to a DRE (drug recognition exam) and a urine tests. | |
| Defense: | The officer's credibility as a DRE officer was called into question. On one hand, he determined that the defendant was under the influence of a CNS depressant, and on the other hand, he determined he was impaired by a CNS stimulant. The two things are opposites, so his conclusions did not make sense. In addition, the urine test was also inconsistent with his DRE conclusions. The DUI was Dismissed. | |
| Result: | The DUI was dismissed. | |
| Apr 30, 2019 | Case: 2018-MM-057925 | Judge Jacobus |
| Facts: | The defendant was stopped for weaving in and out of traffic and accelerating at a high rate of speed. The officer observed an odor of alcohol, stuttering speech, and he admitted to having had consumed one drink. After refusing the field sobriety tests, he was arrested for DUI. | |
| Defense: | The defendant's refusal to perform field sobriety tests was inadmissible because the officer had not advised the defendant of any adverse consequences for refusing as required by Florida case law. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2019 | Case: 2018-CT-051419 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine. | |
| Defense: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 26, 2019 | Case: 2018-CT-019920 | Judge Cunningham |
| Facts: | The defendant was involved in a traffic crash. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was acting erratic. He admitted to having drank 4 beers. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .199 and a .196 in the breath machine. | |
| Defense: | Through an independent investigation by the firm, we were able to establish that the defendant did not cause and/or contribute to the crash as required by law to prove DUI with a crash. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 23, 2019 | Case: 2019-CT-001500 | Judge Hanser |
| Facts: | Officers were called to a parking garage where the defendant's vehicle was causing a disturbance by "drifting." Officers stopped the vehicle and noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. He was sweating profusely, uneasy on his feet, and belligerent. The defendant had a Cold & Frosty 6-pack of beer in his vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | In order to stop a vehicle, there must be probable cause to believe an infraction occurred or reasonable suspicion of a crime. Here, the officer lacked both and the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 22, 2019 | Case: 2019-CT-012045 | Judge Koenig |
| Facts: | The defendant was stopped for straddling the lane markers. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy/watery eyes. The defendant had poor dexterity, swayed, and admitted to drinking beer. After performing the field sobriety tests, he was arrested for DUI. | |
| Defense: | During the HGN (eye test), an angle of onset in the defendant's eyes was not observed prior to 45 degrees. Under Tharpes formula, this would indicate that the defendant had a breath alcohol level under the legal limit at the "time of driving." | |
| Result: | The State dropped the DUI. | |
| Apr 22, 2019 | Case: 2019-CT-056456 | Judge Koenig |
| Facts: | The officer was on foot patrol and noticed the defendant in the parking lot of a bar having difficulty walking in a straight line holding a key in his hand. The defendant tried to conceal himself then ducked behind a fence. The officer observed the defendant open the driver’s door and sit in the driver's seat. The officer then made contact and observed an odor of alcohol, mumbling speech, and glassy eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .215 and a .210 in the breath machine. | |
| Defense: | An officer must have reasonable suspicion of a crime in order to lawfully detain a person. Here, there were legally insufficient specific articulable facts justifying the officer to detain the defendant as he initially sat down in his seat. | |
| Result: | The State dropped the DUI. | |
| Apr 18, 2019 | Case: A9EVGYE | Judge Riba |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He also had slurred speech, a flushed face, and fumbled with his documents. He was unsteady, swayed, and staggered while outside the car. The defendant refused to perform all of the roadside tasks other than HGN (eye test), and was then arrested for DUI. He later refused the breath test. | |
| Defense: | The video contradicted the police reports and this was brought to the State's attention by the firm. On tape, the defendant's speech was normal and he was not off balance or unsteady. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 16, 2019 | Case: 2017-CT-012171 | Judge Hanser |
| Facts: | The defendant was stopped for driving all over the road and driving into oncoming traffic. The defendant had slow/slurred speech, slow movements, and stumbled a few times. The officer did not smell an odor of alcohol, however, the defendant stated that he had taken Methadone earlier in the day. The defendant performed poorly on the roadside tests and was arrested for DUI. Believing that the defendant was impaired by drugs, he was asked for a urine test to which he refused. This was the defendant's Second DUI. | |
| Defense: | Prior to trial, the firm took pretrial depositions of the arresting officer and the State's expert toxicologist. After questioning the two witnesses, the defense established that neither could give an opinion that the defendant was actually impaired by the Methadone. Under Florida law, the State cannot just prove a person is just impaired, it has to be by either alcohol, and/or "specific" chemical and/or "specific" controlled substance. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 15, 2019 | Case: 2019-CT-015534 | Judge Koenig |
| Facts: | The defendant was stopped for weaving. Upon contact, the officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant admitted to having consumed numerous vodkas. He swayed while he stood and performed poorly on the roadside tests. He was arrested for DUI and subsequently blew a .123 and a .116 in the breath machine. | |
| Defense: | Many of the observations written by the officer in his reports were contradicted by the video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2019 | Case: 2019-CT-011341 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding and a broken license plate light. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. The defendant admitted to having come from a bar where he had drank 2-3 drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .157 and a .149 in the breath machine. | |
| Defense: | The video contradicted the breath results. In otherwise, his performance on the field sobriety tests clearly showed that his breath alcohol results may have been under the legal limit at the time of driving. It is the theory of absorption and elimination of alcohol through the body. | |
| Result: | The State dropped the DUI. | |
| Apr 10, 2019 | Case: 0250-XEY | Judge Barket |
| Facts: | The defendant was detained by police after he left the scene of an accident for which he was at fault. Officers noticed an odor of alcohol, slurred speech, and lethargic movements. He needed to use the car for balance and support, and he also swayed. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .167 and a .162 in the breath machine. | |
| Defense: | The State could not prove that the defendant was the driver at the time of crash as he was outside the car walking around when police arrived. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2019 | Case: 2018-CT-015641 | Judge Gutman |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and glassy/watery eyes. He had a wristband on from a bar and also had lethargic movements. The defendant stated he had a few drinks and then performed field sobriety tests, which were not video taped. He was arrested for DUI and later refused the breath test. | |
| Defense: | Since there was no video, it was pointed out to the State by the firm that the officer did not write any specifics as it related to the roadside tasks. Also, the trooper never even made any attempts to call for a patrol car with a dash camera. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 9, 2019 | Case: 18-CT-504774 | Judge Gonzalez |
| Facts: | The defendant was stopped for speeding. He had an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He stated he had consumed three beers, appeared sleepy, and also had a flushed face. He performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he blew a .132 and a .128 in the breath machine. | |
| Defense: | If evidence is destroyed and it is exculpatory, meaning favorable to the defendant, then the State must be penalized. In this case, although requested several times by the firm, the State nor the police ever turned over the roadside video. It turned out through a computer glitch, it never got uploaded properly. Since the defendant claimed he did better on the roadside tests than the officer wrote, the only evidence to support his claim was that tape. Prior to the firm filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and the defendant received No criminal conviction. | |
| Result: | The State dropped the DUI. | |
| Apr 4, 2019 | Case: 18-004146MU10A | Judge Diaz |
| Facts: | The defendant was stopped for speeding and swerving within his lane. The officer noticed an odor of alcohol, bloodshot eyes, and he stated he had drank two beers. After performing poorly on the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .138 and a .133 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was unlawfully detained without reasonable suspicion of a crime. After the defense cross examined the officer, the court Granted the motion based on a lack of credibility of the officer. Since all of the evidence in the case was thrown out, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 3, 2019 | Case: 18-CT-001321 | Judge Hill |
| Facts: | A caller dialed 911 stating someone was sleeping in a truck on her property. When police arrived, they found the defendant sleeping the pickup truck with engine on. The officers, upon awakening the defendant, observed an odor of alcohol, slurred speech, and she was non responsive to questions. Her eyes were bloodshot and she was very unsteady. Liquor was found in the car and she admitted to consuming a lot of alcohol. After performing poorly on field sobriety tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | The State could not prove that the defendant was in actual physical control because she had no capability to operate the truck while sleeping. The DUI was Dismissed by the State. | |
| Result: | The DUI was dismissed. | |
| Apr 2, 2019 | Case: 2018--CT-505068 | Judge Adams |
| Facts: | A caller dialed the police to report that the defendant almost struck his vehicle and when he confronted him, the defendant appeared intoxicated. When police arrived, they saw the defendant pulling out and they stopped him. They observed an odor of alcohol, slurred speech, and he could not even stand up when outside the car. The defendant was unable to maintain his balance and almost fell. He denied drinking and admitted to taking prescribed medicine which were controlled substances. No roadsides were conducted for safety purposes. He was then arrested for DUI. He later refused the breath test, however, he provided a urine sample. | |
| Defense: | The FDLE urine sample results contradicted the officer's initial conclusions. | |
| Result: | The State dropped the DUI. | |
| Apr 1, 2019 | Case: 2018-CT-020567 | Judge Hanser |
| Facts: | The defendant was stopped for failure to maintain a single lane and speeding. The officer observed an odor of alcohol, extremely slurred/mumbled speech, and glassy eyes. He had a difficult time getting out of the vehicle and his reaction time was delayed. The defendant denied drinking alcohol and refused to perform any roadside tests other than HGN (eye test). He was arrested for DUI and later refused the breath test. | |
| Defense: | The video contradicted the police reports as to the level of intoxication as written in the reports by the officer. | |
| Result: | The State dropped the DUI. | |
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.