| Jun 7, 2013 | Case: 2012-CT-011562AXXX | Judge Eissey |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking 2-3 beers and a shot. He also fumbled with his wallet while in the car. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .109 and .109 in the breath machine. | |
| Defense: | Parks & Braxton were ready and prepared for trial. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Jun 7, 2013 | Case: 2013-CT-005401AXXX | Judge Bonavita |
| Facts: | The defendant was stopped for weaving and driving with no head lights. The officer observed the defendant to have an odor of alcohol, mumbled speech, and droopy eye lids. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State dropped the DUI. | |
| May 29, 2013 | Case: CT-6238-XEP | Judge Dominguez |
| Facts: | The defendant was involved in a one car crash whereby he drove off the roadway into a ditch. The officers who came on scene observed the defendant to have an odor of alcohol, red eyes, and slurred speech. He was cursing at the officers numerous times on video tape and very combative. He 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. | |
| May 29, 2013 | Case: CT-9196-WPP | Judge McNeil |
| Facts: | The defendant was in the passenger seat of the motor vehicle as his wife was actually driving. She alleged to the police that he reached over and "grabbed control of the steering wheel" causing the vehicle to crash into a concrete barrier wall. Prior to the defendant being taken to the hospital for his injuries, the officer noticed him to have an odor of alcohol, blood-shot eyes, and his speech not understandable. At the hospital, the officer requested the defendant provide a blood sample to which he complied. The lab results revealed his blood alcohol level was a .174. He was then charged by the State with DUI. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant could not have been in "actual physical control" of the motor vehicle as he was not only not in the driver's seat during the crash, but also had no access to the pedals in the car. Thus, he had no "capability" of truly operating the motor vehicle. Furthermore, we also pointed out to the State that the wife told police that the two were "arguing" in the car per the wife at the time of the crash and she was also investigated for being DUI. | |
| Result: | The DUI was dismissed. | |
| May 28, 2013 | Case: 6441-XEQ | Judge Seraphin |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, a flushed face, and slurred speech. The defendant also used the door for balance. According to the officers on site, they did not perform any roadside tests for the defendant's safety due to severe balance issues. He was then arrested for DUI. After his arrest, he blew a .271 and a . 272 in the breath machine. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State dropped the DUI. | |
| May 28, 2013 | Case: 2013-CT-000462-A-O-X | Judge Craner |
| Facts: | The defendant was initially involved in a crash. The officer then followed the defendant and observed him weaving. Once stopped. the officer observed the defendant to have an odor of alcohol, glossy eyes, he seemed confused, and was swaying. He refused to perform the the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial and were prepared to try the case. | |
| Result: | The State dropped the DUI. | |
| May 23, 2013 | Case: CTC125720XDJANC | Judge Dittmer |
| Facts: | The defendant was found asleep in his car in a parking lot by police. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant was unsteady and disoriented. According to the officer, he failed the video taped roadside tests by displaying numerous signs of intoxication. He was then arrested for DUI and after his arrest he refused the breath test. This was the defendant's second DUI arrest within five years. | |
| Defense: | Parks & Braxton pointed out to the State prior to jury trial that the defendant had no "capability" of operating the motor vehicle while asleep. Thus, he could not have been in "actual physical control" of the vehicle. | |
| Result: | The State dropped the DUI. | |
| May 21, 2013 | Case: CT-5919-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and fumbling fingers. The defendant admitted to drinking five glasses of wine over the course of the entire night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .115 and .122 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that on the video tape, none of the defendant's "normal faculties" were impaired during the field sobriety tests and that his breath alcohol content may have been lower than the legal limit at the "time of driving." | |
| Result: | The State dropped the DUI. | |
| May 15, 2013 | Case: CT-9800-XEG | Judge Courtney |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had bands from bars on his wrist. The defendant began to do the walk and turn test on video tape and then stopped and refused to continue the rest of the field sobriety tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State dropped the DUI. | |
| May 15, 2013 | Case: CT-5658-XGA | Judge Courtney |
| Facts: | The defendant was the at fault driver in a crash whereby he ran off the road into the woods and the vehicle flipped over. Officers observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officers, he failed the roadside tests which were video taped and then he was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Defense: | Parks & Braxton pointed out to the State the on scene video tape of the roadside tests was destroyed and/or corrupted. Thus, there was the potential destruction of material evidence as nobody could say what actually happened to the original video tape. | |
| Result: | The State dropped the DUI. | |
| May 13, 2013 | Case: 0355-XFE | Judge Altfield |
| Facts: | The defendant crashed his car off the road into a light pole and several trees. Fire rescue arrived, treated the defendant, and transported him to the hospital where the police then met him. At the hospital, the defendant admitted to the officers to taking Ambien and smoking marijuana just before driving his car. He also stated that he felt the drugs "kicking in." The officers had him perform field sobriety tests which he failed at the hospital. The defendant was requested to provide a blood sample to which he complied. He was then arrested for DUI (controlled and/or chemical substance) and taken to the jail. The blood work was then sent off to the toxicology lab for analysis. | |
| Defense: | On the morning of jury trial, Parks & Braxton pointed out that the State had violated the discovery rules by not providing the toxicology lab results in a timely fashion. The speedy trial time frame had run out on the State to bring the defendant to trial. | |
| Result: | The DUI was dismissed. | |
| May 13, 2013 | Case: 2013-CT-002196-A-O-X | Judge Barlow |
| Facts: | The defendant was found by police passed out behind the wheel of her car at an intersection. The officer noticed an odor of alcohol, bloodshot-eyes, and slurred speech. The defendant performed field sobriety tests on video tape and showed numerous signs of intoxication. She also admitted drinking numerous glasses of champagne. She even fell down at one point on tape. She was then arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial and were prepared the morning the case was set. | |
| Result: | The State dropped the DUI. | |
| May 10, 2013 | Case: 2013-CT-001645-O-X | Judge Bigney |
| Facts: | The defendant crashed her car into a utility pole. The officer observed the defendant to have an odor of alcohol, red eyes, and slow speech. She also appeared dazed and confused. The defendant also stated she had a few drinks. According to the officer, she performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State prior to trial that they would have a difficult time placing the defendant in "actual physical control" of the car at the time of the crash based on the reports. | |
| Result: | The State dropped the DUI. | |
| May 8, 2013 | Case: CT-006654-XFA | Judge Dominguez |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer who arrived, observed the defendant to have an odor of alcohol, slow/slurred speech, blood-shot eyes, and he appeared unsteady. The defendant started to perform the walk and turn exercise and then stopped. He then refused to perform the rest of the field sobriety tests and was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton prepared for trial. | |
| Result: | The State dropped the DUI. | |
| May 6, 2013 | Case: 2012-CT-013107-AXXX | Judge Cofer |
| Facts: | The defendant's friend was stopped by police for speeding and running a stop sign while driving the defendant's van. The defendant's friend stopped the van, and the officer observed her jump into the back seat. As the officer approached, our client then moved over to the driver's seat in order to provide the officer with the vehicle documentation since it was her van. The officer was aware that the original driver who was now in the back of the van was the original driver and our client was the original passenger. Upon making contact with our client, the officer noticed the keys were in the ignition and engine was running. He observed our client to have an odor of alcohol, slurred speech, blood-shot eyes, and trouble maintaining her balance. The defendant admitted to drinking and feeling buzzed. She performed very poorly on the field sobriety tests and was arrested for DUI, as was her friend who was highly intoxicated (the original driver) who jumped into the back seat. After our client's arrest for DUI, she blew a .163 and .159 in the breath machine. | |
| Defense: | Parks & Braxton announced ready for trial. On the morning of trial, as well as before hand, the firm pointed out to the state that our client could not be in actual physical control of a motor vehicle while she was being detained by law enforcement. Also, the in dash police car video tape had been destroyed which would have captured the entire traffic stop. | |
| Result: | The State dropped the DUI. | |
| May 2, 2013 | Case: 4880-XEM | Judge Newman |
| Facts: | The defendant was stopped for obstructing traffic. The officer observed an odor of alcohol, bloodshot-eyes, and slurred speech. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the roadside report describing the defendant's alleged performance was very vague with hardly any details. The firm was ready for trial. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2013 | Case: 2013-CT-002166--A-O-X | Judge Barlow |
| Facts: | The defendant was stopped for speeding and weaving. Officers observed an odor of alcohol, red eyes, and the defendant admitted drinking two beers. According to the officers, he failed the roadside tests and was arrested for DUI. Although he tested positive for alcohol on the breath machine, the officers concluded he was impaired by a chemical and/or controlled substance versus alcohol after completing their entire investigation. | |
| Defense: | Parks & Braxton pointed out to the State that they could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2013 | Case: 2012-CT-011431AXXX | Judge Bryson |
| Facts: | The defendant was seen by an officer pulling into a parking space in a shopping center. The officer observed him pulling in very crooked into the parking space. He watched the defendant stumble out of the car and then saw him lose his balance and sway while walking towards the store. When the defendant came out, the officer went up to him and asked "if he was ok" and noticed the defendant to have an odor of alcohol on his breath, slurred speech, a flushed face, and glassy eyes. He then called for a DUI unit. The DUI officer arrived with an in car camera and asked the defendant to perform field sobriety tests to which the defendant refused. The defendant also admitted to having five drinks. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | Parks & Braxton took pre-trial sworn depositions of the two officers involved in the case. At the depositions, the two officers contradicted each other on what they observed. For example, one stated the defendant was totally off balance versus the other who said he never observed anything like that. All there depositions, reports, along with the video tape were conflicting. | |
| Result: | The State dropped the DUI. | |
| Apr 29, 2013 | Case: 4967-XEM | Judge Seraphin |
| Facts: | The defendant was found passed out behind the wheel of his car by police in the middle of the roadway. The defendant's car engine was running. Officers observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He was unsteady once outside the car and he seemed confused. The defendant refused to perform the roadside tasks 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. | |
| Apr 26, 2013 | Case: 11-015665MM10A | Judge Gottlieb |
| Facts: | The defendant was stopped for driving 93MPH in a 40MPH zone while almost colliding into other vehicles. The initial officer observed a strong odor of alcohol, flushed face as well as slurred speech. He then requested another officer to conduct the DUI investigation. Upon arrival, the DUI officer made the same observations as the initial officer. The officer asked the defendant to perform field sobriety exercises. The defendant replied "I'm not giving you the rope to hang me". During the conversation, the defendant was swaying and extremely unsteady on his feet. The report indicated that the defendant was placed in handcuffs and arrested for DUI refusal. This was the defendant's 3rd DUI. | |
| Defense: | Despite the fact that this was the defendant's 3rd DUI, he had never refused a breath test in the past. As a result, the DUI refusal statute did not apply to the defendant. In deposition, the officer admitted to requesting a breath test prior to the arrest. As a result, Parks & Braxton filed a motion to suppress based on an improper request for a breath test. The State stipulated to the motion. | |
| Result: | The State dropped the DUI. | |
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