| Sep 15, 2023 | Case: 23-CT-007931 | Judge Rich |
| Facts: | The defendant was stopped after the officer observed her strike two curbs and failing to maintain a single lane. Once stopped, he did not smell any alcohol, but noticed glassy eyes, slow/belabored movements, unsteadiness, and she admitted to taking her prescribed medications. Believing she was impaired by drugs, she then performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. She was then arrested for DUI and later refused a urine test. | |
| Defense: | The defendant admitted to taking two medications. One was a controlled substance, and one was not. The statement about the controlled substance was made in violation of her Miranda rights after she was arrested, in custody, and in the back of the police car. That drug she had admitted to taking was in a class of controlled substances called CNS Stimulants. The officer's observations of slow/belabored movements, as well as getting HGN (i.e. nystagmus in her eyes), was inconsistent with one who is under the influence of a stimulants. On the other hand, it would be consistent with the exact opposite, CNS Depressants. The State agreed that her statement was taken unlawfully. Without that statement, the State could not prove by which specific controlled substance was allegedly impairing the defendant pursuant to Florida Statute 316.193 (the DUI statute). The State then Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Sep 14, 2023 | Case: 23-CT-003248 | Judge Bristow |
| Facts: | The defendant was stopped after he was driving at a high rate of speed, making a wide turn, swerving, and almost colliding with other cars. The officer observed an odor of alcohol, he stated he had consumed 4 gin and tonics, and he also had red/glassy eyes. The defendant also appeared drowsy and looked like he was going to fall asleep. He performed poorly on roadside tests and was arrested for DUI. He later blew a .196 and .198 in the breath machine. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2023 | Case: 23-CT-014955 | Judge Baker |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and she was sarcastic and angry. She was also observed to have stumbled. After performing field sobriety tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | The firm pointed out to the State that nothing can be heard on tape because the officer had his car radio blasting music. Additionally, we also pointed out that the defendant never stumbled and also performed much better on the roadside tests on the video versus what was written in the police reports. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2023 | Case: 23-CT-019984 | Judge Atkin |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, they did not notice any odor of alcohol, but did observe a drowsy face, slow motor movements, and slow/slurred speech. He was also swayed, staggered, stumbled, and had bloodshot eyes. Believing he was impaired by drugs, he then performed various roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which came back from FDLE positive for Xanax. | |
| Defense: | The firm provided a prescription for the medication to the State. Although it is not a defense simply to have a prescription, it did help in our negotiations. | |
| Result: | The State dropped the DUI. | |
| Sep 7, 2023 | Case: 22-CT-004058 | Judge Green |
| Facts: | Police were called to a parking lot to do a welfare check. The caller was concerned because the male (i.e. the defendant) inside the truck was vomiting and extremely intoxicated. When the officer arrived, he noticed the defendant asleep in the driver's seat with the door open. There was a fresh pile of vomit outside the driver's side door. The keys to the truck were located on the driver's side front floorboard. Upon awakening the defendant, the officer noticed an odor of alcohol, slurred speech, bloodshot eyes, beers in the truck, and the defendant was extremally unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After numerous negotiations short of jury trial, the State agreed they could not prove that the defendant was in actual physical control. He clearly had "no capability" to operate the truck as he was asleep, the door was open, and the keys were on the floorboard. He even told the cop that he was trying to do the right thing by not driving. | |
| Result: | The State dropped the DUI. | |
| Sep 7, 2023 | Case: A76XDAE | Judge Cuervo |
| Facts: | The defendant was the at fault driver in a rear end traffic crash. Officers observed an odor of alcohol, a flushed face, and glassy eyes. Her speech was slurred and she appeared unsteady and off balance. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence, the State agreed to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 5, 2023 | Case: 23-CT-000726 | Judge Rich |
| Facts: | The defendant was stopped for speeding (89 mph in a 50 mph zone). The officer noticed an odor of alcohol, slurred speech, and a flushed face. He appeared confused, unsteady, and admitted to drinking. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant's speech was normal, he was not unsteady, and did not appear confused. The State, after reviewing the evidence, Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 5, 2023 | Case: 23-CT-006426 | Judge Rich |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, watery eyes, a blank/dazed stare, and poor coordination. He also observed fumbling fingers, slow/deliberate movements, and the defendant admitted to having drank two to three beers. After performing various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn, he was arrested for DUI. He later refused a breath test. | |
| Defense: | Many observations written in the reports were contradicted by the video tape. After conversations with the State regarding the conflicts in the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 5, 2023 | Case: 22-002853MM10A | Judge Francois |
| Facts: | The defendant was stopped for speeding and abruptly stopping at a red light. The initial officer observed a strong odor of alcohol and an open bottle of Corona in the front seat. A DUI officer was called to the scene to conduct a series of field sobriety exercises. At this time the defendant jumped back into his car and locked his arms around the steering wheel. The defendant began cursing at the officers. Ultimately, he was physically removed from his car. The defendant then performed and failed the HGN (eye test), walk and turn, as well as the one leg stand. He was subsequently arrested for DUI and refused a breath test. He was charged with both DUI as well as Resisting Without Violence. | |
| Defense: | The information that the officers provided in their reports was inconsistent with both the video in the case as well as the client's version of the case. After pointing out the discrepancies to the prosecutor, they agreed to drop the DUI as well as the Resisting without Violence charges. The defendant walked away with no conviction on his record for anything. | |
| Result: | The State dropped the DUI. | |
| Aug 31, 2023 | Case: 23-CT-003727 | Judge Rich |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. Believing he was on drugs as well, he was asked for a urine test to which he refused. | |
| Defense: | The firm pointed out that that based on the police reports and video tape evidence, there was no probable cause to arrest the defendant for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Aug 31, 2023 | Case: 23-CT-006042 | Judge Rich |
| Facts: | The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant denied drinking any alcohol. He then performed the HGN (eye test), one leg stand, and walk and turn exercises. He was then arrested for DUI and later refused a breath test. | |
| Defense: | The firm pointed out to the State that there was a lack of proof based on the evidence that the defendant's normal faculties were impaired. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Aug 31, 2023 | Case: 23-CT-004820 | Judge Rich |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and red/glassy eye. She also appeared unsteady on her feet. She then performed various roadside tests and was arrested for DUI. She later blew a .193 and .182 in the breath machine. | |
| Defense: | The defendant blew numerous times into the machine and there were a few invalid samples called VNM (volumes not met). After conversations with the State about the reliability of her breath test results, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 31, 2023 | Case: 23-CT-002464 | Judge Rich |
| Facts: | The defendant was stopped after she was swerving, straddling the lane markers, driving at a high rate of speed, and breaking abruptly. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she admitted to having consumed two drinks. After performing several field sobriety tests, she was arrested for DUI. She later refused a breath test. | |
| Defense: | After conversations the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 28, 2023 | Case: 23-CT-001200 | Judge Krause |
| Facts: | The defendant was stopped for speeding on his motorcycle. The officer noticed an odor of alcohol, bloodshot/dilated eyes, and he stumbled. He exhibited slurred/drawn speech, appeared sluggish, and showed various mood swings. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | When a defendant refuses roadside tests, an officer must advise of the adverse consequences if one refuses (i.e. Taylor warnings). If they do not, the refusal will be excluded from evidence. Here, the officer did not follow the law and gave no adverse consequences. In addition, on tape, the defendant's speech was not slurred and he did not appear off balance. | |
| Result: | The State dropped the DUI. | |
| Aug 28, 2023 | Case: 23-CT-500928 | Judge Gill |
| Facts: | The defendant was stopped for speeding, making unsafe lane changes, and failing to stop at a red light. The officer observed an odor of alcohol, slurred speech, and a carefree attitude. His eyes were bloodshot and watery, and there was vomit inside the car. The defendant did not listen to various commands given by the officer. He was then asked to perform various field sobriety tests to which he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | There was no video in the case. After pointing out several inconsistencies in the reports to the prosecutor, the State Dismissed the defendant's Second DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 25, 2023 | Case: AGR41NE | Judge Komninos |
| Facts: | officer located the car at a gas pump. The officer went up to the car and saw the defendant sitting in the driver's seat. The officers noticed an odor of alcohol, slurred speech, and a flushed face. Her clothes were soiled, she staggered, and was unsteady. She stated she had consumed two mixed drinks. She refused to performed field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | When the officer approached the defendant, her keys were in her lap and the engine was off. Issues were raised by the firm whether or not the State could prove she was in actual physical control. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2023 | Case: AGP07KE | Judge Komninos |
| Facts: | The defendant was stopped after he was observed drifting from side to side over the lane dividers several times. He also cut off another car which caused that car to brake and he also drove over the raised concrete median. Officers observed an odor of alcohol, he had slow/lethargic movements, and his eyes were bloodshot and watery. The defendant stated he had drank gin and was he was unsteady and swayed. A bottle of vodka was found in the car as well. He performed poorly on roadside tests and was arrested for DUI. He later blew a .132 and .130 in the breath machine. | |
| Defense: | After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 23, 2023 | Case: 23-CT-005113 | Judge Taylor |
| Facts: | The defendant was found passed out in his car. The officer noticed an odor of alcohol, slurred/mumbled speech, unsteadiness, and he admitted to having drank 4 to 5 shots of whiskey. He was completely disoriented as well. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .137 and .134 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 23, 2023 | Case: 23-CT-007154 | Judge Taylor |
| Facts: | The defendant was stopped for running a red light, weaving within his lane, and driving over the line markers several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He then performed several roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Many observations that the officer made were contradicted by the video tape. After several conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 23, 2023 | Case: 21-005980MU10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a crash with a police officer on the interstate. The defendant stated that he failed to slow down and subsequently collided with the marked police cruiser. A DUI investigating officer arrived on scene and observed an odor of alcohol, bloodshot eyes and constricted pupils. The defendant was read his Miranda warnings and changed his story several times. He performed the HGN (eye test), walk and turn test, as well as the one leg stand on video. However, because of the nature of the crash and position of the vehicles, it was difficult to see the details of the defendant's performance. The defendant was arrested for DUI and subsequently refused a breath test. The defendant had another DUI pending when this arrest occurred. | |
| Defense: | Because the video was unclear regarding the defendant's performance on the field sobriety tests, Parks & Braxton filed a motion to depose the officers involved. On separate occasions the arresting officer failed to appear. Parks & Braxton filed a motion for rule to show cause requiring the officer to come into court and explain why he failed to appear. Counsel filed a motion to exclude the arresting officer as a witness in the case. The motion was granted. All of the officer's observations including the roadside exercises and refusal to submit to a breath test were excluded from court. | |
| Result: | The DUI was dismissed. | |
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.