| Oct 31, 2016 | Case: 2016-CT-006428 | Judge Lefler |
| Facts: | The defendant was stopped for driving at a high rate of speed and making an improper lane change. He allegedly came within seven feet of the officer's bumper who then initiated a traffic stop. Officers observed the defendant to have an odor of alcohol, he used his door for support, and swayed while standing. The defendant admitted to having drank 3 beers. He then performed the field sobriety tests on video. For example, on the one leg stand, the defendant put his foot down numerous times and could not keep his balance. On the finger to nose, he left his finger on his nose without removing it as instructed and also missed the tip of his nose on all attempts. The defendant was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | The defendant was never paced clocked and no radar device was used to show that the defendant was driving over the speed limit. Also, the defendant never interfered with the safe operation of the officer's patrol car as required by Florida Statutes. Thus, the defendant did not violate any traffic laws and the issue of the defendant having being unlawfully stopped was brought to the State's attention. 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
| Oct 31, 2016 | Case: 15-029720MU10A | Judge Gottlieb |
| Facts: | The defendant was found by the officer passed out in his car in a travel lane. Upon awakening the defendant, the officer observed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had to drink, he replied "too much." The defendant made threatening comments and movements towards the officer so no roadside tests were conducted. He was then arrested for DUI. | |
| Defense: | The firm conducted a pretrial investigation into this arresting officer's background. It was discovered that he had a history of incidents of misconduct, including incidents involving untruthfulness. This was brought to the State's attention and the DUI was Dismissed. | |
| Result: | The DUI was Dismissed. | |
| Oct 27, 2016 | Case: 2016-CT-005429 | Judge Bell |
| Facts: | The defendant was stopped after an officer saw him hit a shopping cart being pushed by a pedestrian. He then caught up to the defendant and observed an odor of alcohol and he had a difficult time walking. A DUI unit was called. That officer observed an odor of alcohol, droopy eyelids, and slurred speech. The defendant stated he had maybe 2, 4, or 6 drinks. He then performed the roadside tasks. On the one leg stand, the defendant almost fell over and the exercise was stopped. On the walk and turn, he used his arms for balance, stepped off the line, and did not understand many, if not all, of the instructions. The defendant was arrested for DUI. This was the defendant's Second DUI and Second refusal to submit to a breath test. | |
| Defense: | The arresting officer's report, which stated that the initial officer saw the defendant driving, was not true. That initial officer had stated that he heard the sound of a crash and then saw the defendant walking down the road. Thus, the two officers contradicted each other and no witness observed the defendant either driving or in actual physical control. The State Dropped the DUI and Dismissed the refusal charge. | |
| Result: | The State Dropped the DUI. | |
| Oct 25, 2016 | Case: 2016-CT-006266 | Judge Wilson |
| Facts: | The defendant ran a red light and collided with another car. When the police arrived, the officer observed the defendant to have slurred speech, an odor of alcohol, and droopy/red eyes. He was also staggering and stumbling around. The defendant then performed the roadside tests on video tape. For example, on the walk and turn test, the defendant used his arms for balance, counted incorrectly, and stepped off the line. On the one leg stand, he put his foot down and used his arms for balance. He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | On video, the officer is seen and heard reading the defendant his Miranda rights. The defendant requested a lawyer, however, the officer then proceeds to tell the defendant that he is "still required" to perform the roadside tests under the law. That statement was misinformation and a misstatement of the law as roadside tasks voluntary. On the day of trial, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Oct 24, 2016 | Case: 8622-XEQ | Judge Wolfson |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant was asked to perform roadside tasks and he refused. He was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Due to discovery violations committed by the State, Parks & Braxton announced ready for jury trial. On the day of trial, there was a speedy trial violation due to those discovery issues and the DUI was Dismissed. | |
| Result: | The DUI was Dismissed. | |
| Oct 13, 2016 | Case: 2016-CT-002508CTAXMS | Judge Hitzeman |
| Facts: | The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, slurred/incoherent speech, and he was lethargic. The defendant leaned against the vehicle for balance and also had bloodshot eyes. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and he hopped. On the walk and turn, he did not touch heel to toe, stepped off the line, and took an incorrect number of steps. He was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton discovered several inconsistencies in the officer's police reports and brought them to the attention of the prosecutor. After discussing the case with the State, they Dropped the DUI and the defendant received no crimina | |
| Result: | The State Dropped the DUI. | |
| Oct 13, 2016 | Case: 2016-CT-009566 | Judge Weis |
| Facts: | The defendant was found asleep in his car in someone's driveway. 911 callers alerted police to the vehicle after they observed the defendant driving all over the road. When the officer arrived, he found the defendant passed out in the driver's seat. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was not making any sense while talking and was incoherent. He was very off balance and had trouble standing. The defendant was only able to perform the finger to nose test. The defendant was then arrested for DUI. | |
| Defense: | Parks & Braxton argued that despite being found in the driver's seat, the defendant did not have the capability to operate the motor vehicle at the time the officer arrived. As a result, the defendant was not in actual physical control of the motor vehicle in the presence of the officer. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2016 | Case: 2016-CT-021995AXXX-XX | Judge Clarke |
| Facts: | The defendant was stopped for weaving. The officer noticed the defendant to have an odor alcohol, slurred/confused speech, and a red face. The defendant told the officer she had a few beers with dinner. The defendant used the steering wheel for support upon exiting the car and struggled to remove her seat-belt. Upon being asked to perform the roadside tests, the defendant only performed the HGN (eye test) and refused to perform any others. She was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State, that on video, the defendant's speech did not appear slurred which contradicted the officer's report. Also, the defendant was not told of the consequences for her refusal to perform the rest of the field sobriety tests which was in violation of Florida case law. Thus, her refusal would have been excluded as evidence. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2016 | Case: 2016-CT-007634 | Judge Jeske |
| Facts: | The defendant was stopped for drifting back and forth over the lane markers on at least five different occasions. Once stopped, the officer observed an odor of alcohol, thick tongued speech, and glassy eyes. The defendant stated he had drank 2 to 3 Blue Moon draft beers. The defendant then performed the roadside tasks on video tape. After performing the walk and turn, finger to nose, and one leg stand tests, he was arrested for DUI. | |
| Defense: | On video, the defendant told the officer prior to performing the walk and turn and one leg stand tasks, he had very bad knees and may have trouble doing them. The officer still proceeded the have the defendant do them. It was unclear on tape whether any alleged impairment cues observed by the officer were due to alcohol or his bad balance from having two bad knees. Those physical exercises were contradicted by his performance on the non-physical finger to nose exercise. | |
| Result: | The State Dropped the DUI. | |
| Oct 11, 2016 | Case: 2016-CT-017045 | Judge Koenig |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had bloodshot/watery eyes and his movements were "slow and deliberate." When asked to exit the vehicle, the defendant used the car to maintain his balance and he swayed while standing outside the car. The defendant was then asked to perform roadside tasks and to provide a breath test. He refused both and was arrested for DUI. | |
| Defense: | Under the law, a defendant who refuses the field sobriety tests must be advised of the "adverse consequences" for refusing. Here, the defendant was never told of any consequences for refusing. Also, under Florida law, a defendant can only be asked to take a breath test "after" being lawfully arrested. In this case, the defendant was asked to provide a sample of his breath "prior" to being arrested for DUI in violation of the law. | |
| Result: | The State Dropped the DUI. | |
| Oct 5, 2016 | Case: 2016-CF-001190 | Judge Briggs |
| Facts: | A person called 911 alerting police that the defendant was highly intoxicated at a gas station. Officers arrived on the scene and came into contact with the defendant as he was pulling out. As one officer approached the defendant, his window was down, and the officer smelled an odor of alcohol. He also observed bloodshot eyes and slurred/mumbled speech. The officer asked the defendant to then step out of the car. The officer observed the defendant to sway, have poor coordination, and he admitted to drinking beer. Due to the heavy rain, all three officers on scene asked the defendant to step in front of the gas station entrance to perform roadside tasks in a dry area. For example, on the one leg stand, the defendant used his arms for balance and put his foot down a number of times. On the walk and turn test, he missed heel to toe, lost his balance during the instructions, and raised his arms for balance. He was then arrested for DUI. After his arrest he refused the breath test. The defendant was charged with a Felony DUI since this was this was his Fourth DUI. | |
| Defense: | The firm took pretrial depositions of all three officers. Two officers on scene, including the DUI unit, had in-car cameras in their patrol vehicles, however, they were not utilized. The DUI officer testified under oath that she couldn't use her camera because it was raining so hard during the roadside tests and she could not get back to her car to turn it on. However, one other officer stated in deposition that the rain had stopped prior to ever even asking the defendant to perform the tests. He also had a camera in his car and when asked why he didn't utilize it, his answer was "I don't know." Also, the arresting officer stated "I don't remember" multiple times when being questioned about specific details of the field sobriety tests. Furthermore, the officers contradicted each other on many aspects of the defendant's alleged impairment such as whether he actually had slurred speech or was even unsteady. The State, after reading the deposition transcripts, Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 4, 2016 | Case: 15-026416MU10A | Judge Brown |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, flushed face, red eyes, and mumbled speech. The defendant told the officer that she had drank wine that night. The defendant then performed the roadside tests at the request of the officer. For example, on the walk and turn task, the defendant missed heel to toe, used her arms for balance, and could not maintain her balance during the instructions. On the one leg stand, the defendant put her foot down, used her arms for balance, and swayed. She was then arrested for DUI. After her arrest, she blew a .135 in the breath machine. | |
| Defense: | The defense brought to light an error that occurred in the machine as a result of radio frequency interference (RFI). The RFI occurred three times prior to the defendant providing her result of a .135. This RFI happening multiple times could have skewed the defendant's result to appear higher than what was her true breath alcohol level (BAC). On the morning of trial, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Oct 4, 2016 | Case: 16-CT-500193 | Judge Hayward |
| Facts: | The defendant was found passed out in his car in a condominium parking lot after a 911 caller noticed him slumped over the wheel. The officers attempted to wake the defendant up by knocking on the windows several times. Once he awoke, the car began to move forward until he finally put it in park. Officers noticed the defendant have an odor of alcohol, mumbled speech, and a dazed look. Once out of the car, he was swaying and appeared sleepy. The defendant only performed the HGN (eye test) since he had back injuries which prevented him from doing any other tests. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Pursuant to Florida Rule 3.220, the State has the obligation to disclose all evidence within their possession. This requirement extends to police agencies as well. Parks & Braxton determined that the police failed to adequately turn over the entire evidentiary packet. The discovery violation was brought to the attention of the Court. | |
| Result: | The State Dropped the DUI. | |
| Oct 4, 2016 | Case: 2016-CT-007574 | Judge Farr |
| Facts: | The defendant was found passed out in his car in his neighbor's driveway. The neighbors had called 911 not knowing it was the defendant. When the officer arrived and awoke the defendant, he observed the defendant to have an odor of alcohol, slurred speech, and dilated pupils. The defendant was extremely loud and uncooperative. The defendant did not perform to standards on the roadside tests and was arrested for DUI. After his arrest, he blew a .119 and .121 in the breath machine. | |
| Defense: | No one ever observed the defendant driving. Thus, the State could not prove the defendant was in "actual physical control." Since he was sleeping in the car, he had no "capability" to operate the motor vehicle under the applicable Florida Statute. | |
| Result: | The State Dropped the DUI. | |
| Sep 27, 2016 | Case: 2016-CT-032143 | Judge Koons |
| Facts: | The defendant was stopped for stopping beyond the painted stop bar at a stop sign. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. Once out of the car, he swayed and appeared to be "unsure." The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises on video tape. According to the officer, he did not perform up to standards and was arrested for DUI. | |
| Defense: | Parks & Braxton, in discussing the case with the prosecutor, pointed out that on tape, there was no slurred speech, no sway, and the defendant appeared to be totally coherent. Also, although the officer attempted to exaggerate the defendant's performance on the tests in his reports. The specific details written by the officer were contradicted by video tape. The State Dropped the DUI and the defendant received no criminal conviction on his record. | |
| Result: | The State Dropped the DUI. | |
| Sep 21, 2016 | Case: 2015-CT-001732 | Judge Mcginnis |
| Facts: | The defendant was stopped for stopping beyond the stop bar at a red light and weaving. The officer observed the defendant to have an odor of alcohol, slurred/mumbled speech,and dry lips. Upon exiting the car, the defendant appeared off balance and unsteady and he stated he had drank a couple of beers. The defendant then performed the field sobriety tests and was eventually arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for jury trial. Prior to trial, the defense and State had discussions about the case. The officer wrote a very vague report. The defendant's performance on the roadside tests was not described in any detail and there was no video tape at the scene. On the day of trial, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Sep 14, 2016 | Case: 2016-CT-005701 | Judge Greco |
| Facts: | The defendant was stopped for running a stop sign and hitting a curb. Upon being stopped, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and sluggish/clumsy movements. The defendant stated he had been at a club and had a couple of long island iced teas. He also stated that he was a little buzzed. The defendant then performed the field sobriety tests on video tape. After performing them, he was arrested for DUI and then refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Parks & Braxton pointed out that on tape, the defendant was not clumsy or slow. In fact, he was being responsive and coherent. Also, he had no issues getting out of the car or walking around. Furthermore, the defendant's video contradicted the officer's reports as to his level of alleged impairment. It should be noted, the firm also represented the defendant on his last case four years ago and got that DUI Dropped too. In that case, he had blown a .14. | |
| Result: | The State Dropped the DUI. | |
| Sep 13, 2016 | Case: 2015-CT-002236 | Judge Hitzeman |
| Facts: | The police were alerted to the defendant's truck by a 911 caller. The caller stated that the defendant and his passenger were passed out in a turning lane. When officers arrived, they found the defendant and his passenger asleep. The defendant was in the drivers seat, the engine was running, and the truck was in drive. When the officer reached in the truck to turn the truck off, the defendant awoke. He observed the defendant to have an odor of alcohol, bloodshot watery eyes, a flushed face, and slow/mumbled speech. The defendant was asked to perform roadside tests while still seated in the truck. He refused and was asked to exit the vehicle. The defendant was slow, lethargic, and leaned on the truck for balance. He was then placed under arrest for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton, during the pretrial discovery process, got the DUI video tape. On tape, the officer never advised the defendant of any adverse consequences for refusing the roadside tests as required by Florida law. Also, the defendant's speech was not mumbled and he did not appear off balance nor unsteady. Just prior to trial, the State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Aug 30, 2016 | Case: 2016-CT-000957CTAXMX | Judge |
| Facts: | The defendant was stopped for speeding and weaving. The officers observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to drinking 2-3 beers and staggered while walking. The defendant then performed the field sobriety exercises on video tape. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton watched the video tape during the discovery process. On video, the defendant's speech was not slurred and she spoke normally. Also, she never staggered and was never off balance or unsteady. Also, the alleged weaving was not captured on video tape. | |
| Result: | The State dropped the DUI. | |
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