Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

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DUI CASE RESULTS

OUR RECENT DUI VICTORIES

Oct 25, 2012 Case: 9662-XEX Judge Denaro
Facts: The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the 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.
Oct 25, 2012 Case: 9662-XEX Judge Denaro
Facts: The defendant was stopped for obstructing traffic. The officer first noticed a bottle of spiced rum in the cup holder. The officer also noticed the defendant to have an odor of alcohol, flushed face, and slurred speech. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Oct 24, 2012 Case: CT-005210-XEP Judge Myers
Facts: The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused 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 defendant was not involved in any crash as the DUI ticket stated no crash and that he was never arrested for any hit and run. In addition, we pointed out that even thought the arresting officer had a working video camera in his car, the whole DUI investigation was not captured on tape. One could only see the defendant after he was arrested for DUI and at no other time.
Result: The State Dropped the DUI.
Oct 24, 2012 Case: CT-005210-XEP Judge Myers
Facts: The defendant was stopped for speeding. There was also a call that the defendant's car was allegedly involved in a hit an run crash. The officers noticed an odor of alcohol, glassy eyes, and thick tongued speech. He admitted to drinking vodka and tonic. He also had to use the car for balance and swayed. He refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Oct 18, 2012 Case: 8744-XEX Judge Newman
Facts: The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Defense: Parks & Braxton prepared the case for trial.
Result: The State Dropped the DUI.
Oct 18, 2012 Case: 8744-XEX Judge Newman
Facts: The defendant was stopped for driving without headlights and speeding. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .116 and .112 in the breath machine.
Result: The State Dropped the DUI.
Oct 17, 2012 Case: 3747-XED Judge Altfield
Facts: The defendant was stopped by police for obstructing traffic. The defendant had an odor of alcohol, a flushed face, and watery eyes. The defendant was also observed swaying. The defendant refused to perform the 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.
Oct 17, 2012 Case: 3747-XED Judge Altfield
Facts: The defendant was stopped by police for obstructing traffic. The defendant had an odor of alcohol, a flushed face, and watery eyes. The defendant was also observed swaying. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Oct 12, 2012 Case: 11-001876CTMA Judge Tinlin
Facts: The defendant was stopped based on numerous calls about her swerving all over the road. The deputy who stopped her also observed weaving. Officers observed an odor of alcohol, glassy eyes, and mumbled speech. She fumbled while looking for her driver's license and staggered upon exiting the car. The officer even had to grab her arm to help her with her balance. She then performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Result: The State Dropped the DUI.
Oct 11, 2012 Case: 1350-XEU Judge Newman
Facts: The defendant was stopped for making an illegal u-turn. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He failed the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .155 in the breath machine.
Defense: Parks & Braxton pointed out out to the State that the breath machine in question had some faulty equipment issues within a month after the the defendant submitted to the breath test.
Result: The State Dropped the DUI.
Oct 10, 2012 Case: 7818-WFL Judge Denaro
Facts: The defendant lost control of his motorcycle and crashed into a concrete median. A witness saw the crash and called 911. The defendant was rushed to the to the hospital where the police showed up to speak with him. At the hospital, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He also admitted to having three beers. The defendant's blood was obtained by the police which later revealed a blood alcohol level well over twice the legal limit. The defendant was subsequently arrested for DUI once the results came back over the legal limit.
Defense: Parks & Braxton pointed out to the State before trial that the police illegally obtained the defendant's blood test results.
Result: The State Dropped the DUI.
Oct 10, 2012 Case: 7818-WFL Judge Denaro
Facts: The defendant lost control of his motorcycle and crashed into a concrete median. A witness saw the crash and called 911. The defendant was rushed to the to the hospital where the police showed up to speak with him. At the hospital, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He also admitted to having three beers. The defendant's blood was obtained by the police which later revealed a blood alcohol level well over twice the legal limit. The defendant was subsequently arrested for DUI once the results came back over the legal limit.
Result: The State Dropped the DUI.
Oct 9, 2012 Case: 2012-CT-041525AXXX Judge Baker
Facts: The defendant was stopped for pulling out of a roadway/alley way without stopping. The officer noticed an odor of alcohol, glassy/watery eyes, and the defendant admitted to having three beers. The defendant performed the beginning portions of the roadside tests on video tape and exhibited signs of intoxication such as stumbling. He refused to complete each task to completion when asked by the officer. He was arrested for DUI and then he refused the breath test. It should be noted, this was the defendant's Third DUI.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle. In our motion, we alleged there was no probable cause justifying the stop.
Result: The State conceded the motion and Dropped the DUI.
Oct 9, 2012 Case: 12-CT-501719 Judge Paluck
Facts: The defendant was stopped for weaving, driving too slowly, and nearly causing a collision. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He performed very poorly on the roadside tests and was verbally abusive toward the officer. He was arrested for DUI and then refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Oct 8, 2012 Case: 5767-XDY Judge Ortiz
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Oct 4, 2012 Case: 3456-XDK Judge Hague
Facts: The defendant was stopped for failing to maintain a single lane while affecting other traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the walk and turn test poorly, the defendant refused further roadside testing and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton were ready for trial after taking a pre-trial deposition of the arresting officer.
Result: The State Dropped the DUI.
Oct 4, 2012 Case: 9270-XEQ Judge Hague
Facts: The defendant was stopped for peeling out his tires while making a left turn and almost hitting other cars. The defendant had an odor of alcohol, slow speech, and watery eyes. He admitted to drinking six bottles of beer. According to the officer, he did not perform up to standards on the roadside tasks and was arrested for DUI. After his arrest, he blew a .192 and .191 in the breath machine.
Defense: Parks & Braxton prepared for trial.
Result: The State Dropped the DUI.
Oct 4, 2012 Case: 2011-CT-003803 Judge Crown
Facts: The defendant was stopped for speeding and making a wide turn. The officer noticed an odor of alcohol, slow dexterity, and red/watery eyes. The defendant admitted to drinking a few beers and wine. On the roadside tasks, the defendant had difficulty balancing and was unsteady. He was then arrested for DUI. After his arrest, he blew a .084 and .082 in the breath machine.
Defense: Parks and Braxton were ready to go to trial.
Result: On the morning of the jury trial date, the State Dropped the DUI.
Oct 4, 2012 Case: 2012-CT-96-AXXXXX Judge Carr
Facts: The defendant was stopped for significant and continuous weaving in and out in his lane. The officer observed an odor of alcohol, red eyes, and slurred speech along with a heavy eastern European accent. The defendant explained the way he was driving to the officer in that he was arguing with his wife over directions and using the GPS. The defendant was asked to perform roadside tasks on video tape which he refused and then was arrested or DUI. He then refused the breath test.
Result: On the morning of trial, the State Dropped the DUI.
Oct 3, 2012 Case: CT-005173-XGA Judge Greco
Facts: The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.

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