| Jan 3, 2014 | Case: 12-022256MM10A | Judge Brown |
| Facts: | The defendant was seen passed out at the airport in front of the terminal with the engine on, the car in gear, and his foot on the brake. The initial officer approached the vehicle in an attempt to wake him up. The defendant woke up, hit the gas peddle and drove up onto the curb. The initial officer observed signs of impairment and subsequently requested a DUI task force officer to conduct a DUI investigation. The DUI officer observed a strong odor of alcohol, bloodshot eyes, slurred speech as well as unsteadiness. The defendant then performed field sobriety tests. On video the defendant performed the walk and turn, one leg stand, HGN (eye test), as well as the finger to nose test. He was subsequently arrested for DUI and refused a breath test. | |
| Defense: | Based on several conflicts between the video and the police reports Parks & Braxton announced ready for trial. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Dec 17, 2013 | Case: 49-2013-CT-003741 | Judge Epperson |
| Facts: | The defendant was stopped for having an expired registration. The officer noticed an odor of alcohol, blood-shot eyes, and very slurred speech. The defendant stated that he had drank two long island iced teas and a lemon drop shot. According to the officer, the defendant swayed and weaved as he walked while outside the car. The defendant then performed the field sobriety tests. According to the arresting officer, he failed them all and was arrested for DUI . After his arrest, he refused the breath test. The entire incident was captured on video tape. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause to arrest the defendant for DUI since none of his "normal faculties" were impaired. We pointed out to the State that the entire video contradicted what was written in the police reports. | |
| Result: | Prior to the motion ever being argued, the State watched the video tape and then Dropped the DUI to a Simple Civil Traffic Infraction. | |
| Dec 17, 2013 | Case: 13-CT-502275 | Judge Hayes |
| Facts: | The defendant was stopped for driving 101 miles per hour in a 70 mile per hour zone at about 7:30 a.m.. She was also changing lanes improperly, following too closely, and failing to use her signal. The officer noticed the defendant to have an odor of alcohol, quickly placed her in hand cuffs, and arrested her for reckless driving. The officer then requested that the defendant perform field sobriety tests. According to the officer, she failed them and was also arrested for DUI. After her arrest, she tested positive for for alcohol on the breath machine, however, the officer actually believed she was impaired by a chemical and/or controlled substance. | |
| Defense: | Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. The State Dismissed the DUI and the defendant received no conviction or points on the other reckless driving charge. | |
| Result: | The DUI was dismissed. | |
| Dec 13, 2013 | Case: 2012-CT-005439 | Judge Obrien |
| Facts: | The defendant was stopped for driving on a flat tire and a rim. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he swayed while standing. He was also staggering. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .203 and .203 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that the lead officer was being investigated for very serious disciplinary allegations. Based on the findings and what was known to the State about the officer, they could not proceed in good faith. | |
| Result: | The DUI was dismissed. | |
| Dec 11, 2013 | Case: 7102-XEP | Judge Lefler |
| Facts: | The defendant was stopped for allegedly weaving inside her lane and bumping into a curb one time. The officer observed the defendant to have an odor of alcohol and glassy eyes. She then performed the roadside tests. According to the officer, she failed them all. The defendant also admitted to consuming 4 to 5 beers and also feeling the effects of the alcohol. She was arrested for DUI. After her arrest, she blew a .131 and .140 in the breath machine. The entire incident, including the driving pattern, was captured on video tape. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause that any traffic infraction was committed. Furthermore, we alleged that there was also no reasonable suspicion to believe that the defendant was an impaired driver based on the video tape. The Judge watched the video tape of the driving pattern, heard testimony, and listened to some case law being cited. The Judge then determined that the stop was unlawful and Granted the motion. | |
| Result: | The DUI was dismissed. | |
| Dec 6, 2013 | Case: 13-7894-XBPWS-15 | Judge Wansboro |
| Facts: | The defendant was stopped for illegally driving through a construction area. The officer noticed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and and was arrested for DUI. After her arrest, she blew a .08 in the breath machine. | |
| Defense: | Parks & Braxton first pointed out to the State that the solutions used during the control tests on the defendant's breath card read higher than her actual breath test results. Thus, we argued it could have easily made her test results appear falsely higher than the legal limit of .08. We also pointed out that on video tape, although the defendant totally messed up the alphabet test, she kept telling the officer that English was not her first language. However, he still had the hand cuffs out in his hand even before she finished. | |
| Result: | The State dropped the DUI. | |
| Dec 6, 2013 | Case: 6972-XEX | Judge Ortiz |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton was ready for trial. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2013 | Case: 2013-CT-006492AXXX | Judge Drake |
| Facts: | The defendant was involved in a one car crash whereby she ended up on a median. The officer observed her to have an odor of alcohol, unsteadiness, stagger at times, and slurred speech. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. The whole incident was captured on video tape. | |
| Defense: | Parks & Braxton filed pre-trial a motion to suppress all of the defendant's statements to police on video tape which were obtained in violation of her Miranda rights. We also filed a motion to exclude her refusal to perform the field sobriety exercises as she was never advised of any adverse consequences by the officer as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2013 | Case: 2013-CM-007527 | Judge Conrad |
| Facts: | The defendant was stopped for having no tag light and making an improper turn. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. Fresh vomit was also seen running down the driver's side door. The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that although there was a working police video camera at the scene , the entire DUI investigation was not taped. There was never any reason provided by the police as to why the investigation was not taped. | |
| Result: | The State dropped the DUI. | |
| Dec 3, 2013 | Case: 48-2013-CT-008205--A-O | Judge Ansbro |
| Facts: | The defendant was stopped for not having an operable tag light, failing to stop at a flashing red signal, and making a wide right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton announced ready for trial. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Nov 20, 2013 | Case: CT-2481-XBP | Judge Dominguez |
| Facts: | The defendant was the at fault driver in a high speed crash. When the officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The officers also noticed that the defendant was lethargic in his movements and was swaying. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The entire investigation was captured on video tape. | |
| Defense: | Parks & Braxton pointed out to the State that the officers' observations alleged in their reports were contradicted by the video tape. For example, the defendant was not swaying on tape and his speech was clear. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2013 | Case: 12-019107MM10A | Judge Murphy |
| Facts: | A civilian witness observed the defendant driving recklessly. At one point she stated that the defendant almost crashed into another vehicle. She called 911 and provided a description of the car, the driving pattern as well as all of her personal information. Two officers located the defendant and observed her fail to maintain a single lane one time. The officers subsequently pulled the defendant over. The two officers noticed several signs of impairment and called for a DUI task force officer to conduct the investigation. The DUI officer observed a strong odor of alcohol, a flushed face as well as slurred speech. In addition, the defendant was unsteady on her feet. She kept ranting on video about how she knew the sheriff. She conducted the HGN (eye test), walk and turn and the one leg stand. She performed poorly on all tests and was arrested for DUI. All testing was performed on video. At the breath alcohol testing facility she blew a .218 and .204 in the breath machine. | |
| Defense: | Parks & Braxton filed a motion to suppress based on an unlawful seizure. At the motion to suppress, the civilian witness testified in detail concerning the severity of the driving pattern. The witness talked about the near collision as well as the weaving all over the road. Next, one of the stopping officers testified. He stated that while dispatch told him to look out for a reckless driver, they did not describe the driving pattern to the officer with any specificity. In addition, he admitted that since he was not the lead officer, he did not see the defendant fail to maintain a single lane. The motion was granted and all of the evidence was thrown out. | |
| Result: | The DUI was dismissed. | |
| Nov 12, 2013 | Case: 13-CT-505089 | Judge Hayes |
| Facts: | The defendant was seen by the police making numerous traffic turns. The defendant then stopped his car in a driveway and sat there. The officer then activated his his overhead lights for some reason and the defendant exited his car and walked towards the officer. The officer then noticed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew .198 and .192 in the breath machine. | |
| Defense: | Parks & Braxton pointed out the State that the defendant did not commit any traffic infractions and there was no reasonable suspicion of a crime. By the officer turning on his overhead lights, the officer turned the initial encounter into an unlawful seizure. | |
| Result: | The DUI was dismissed. | |
| Nov 12, 2013 | Case: CT-7153-XEP | Judge Conrad |
| Facts: | The defendant was stopped after officers saw her back over a curb into a tree in a parking lot. They then observed the defendant to have an odor of alcohol and blood-shot eyes. According to the officer, she performed poorly on the video taped roadside tests. She was then arrested for DUI. After her arrest, she blew a .142 and a .148 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Nov 7, 2013 | Case: 2013-CT-021052AXXX | Judge Sheperd |
| Facts: | He also swayed wile outside the car. The defendant refused to perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Nov 5, 2013 | Case: 3873-XEX (JURY TRIAL) | Judge Newman |
| Facts: | The defendant was found passed out in the driver's seat of his car by police in a parking lot at around 3 a.m.. The keys were in the ignition, the engine was on, and so were the lights to the car. After about thirty seconds to a minute, the officer finally opened the door to awake the defendant after banging on the window numerous times and shaking the car. The officer then noticed the defendant to have an odor of alcohol. slurred speech, and blood-shot eyes. EMS was also called to check on the defendant's well being. After being cleared by EMS, a DUI officer was called to the scene to conduct roadside tests. The defendant performed the eye test (HGN) and the walk and turn. For example, on the walk and turn, the officer stated he stepped off the line five times, raised his arms for balance, and lost his balance during the instructions. Officers also stated that the defendant was unsteady on his feet and staggered while walking around. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI within a five year period. | |
| Defense: | At Jury Trial, Parks and Braxton argued that the State could not prove the defendant had the "capability" of operating a motor vehicle while sleeping. Thus, we argued he could not have been in actual physical control of the car. Also, we were able to impeach every officer as each one of them did not write several important details or specifics pertaining to the DUI investigation in their reports. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Nov 4, 2013 | Case: CT-1956-XBO | Judge Lefler |
| Facts: | The defendant was on the side of the road with a road ranger. It was unknown if the defendant's vehicle was broken down or even why the road ranger was on scene. No statement was taken from the road ranger by the police at anytime. When the officer arrived, he came in contact with the defendant who had an odor of alcohol on his breath, watery eyes, and mumbled speech. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the circumstances surrounding the initial encounter with road ranger and police were unknown due a very vague police report. Thus, there may have been an initial unlawful seizure of the defendant by police. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2013 | Case: 2012-CT-010567-A000-LD | Judge Kirkland |
| Facts: | The defendant was stopped for making an improper turn in a construction area. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having five beers. No physical field sobriety tests such as the walk and turn or one leg stand were conducted due to the defendant's severe knee injuries. However, he did perform the finger to nose and balance exercise. According the the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the the State prior to trial that the defendant's legs were so mangled and badly injured that he could not even stand properly. Thus, he could even perform any roadside tests. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2013 | Case: 2013-CT-020370AXXX | Judge Weiss |
| Facts: | The defendant came into contact with the police after a call went out that he was an alleged intoxicated driver. Officers located the defendant's defendant's car in a parking lot. The defendant was inside the car with the keys on the floor board. Once he was asked to step out of the car, they observed him to have an odor alcohol and he admitted to drinking beers. According to the officers, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .117 and .110 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that the initial encounter may have been illegal as the tip was anonymous. Also, we discussed with the State that the defendant could not have been in actual physical control of the car as the keys were on the floor board. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2013 | Case: CTC-13-7144XFE-ANC | Judge Bedinghaus |
| Facts: | The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and he fumbled with his items. He also appeared slow and lethargic. The defendant refused to perform the roadside tests and was arrested for DUI. The officer later found a beer can which was cold to the touch in the defendant's car. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. | |
| Result: | The State dropped the DUI. | |
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