| Feb 23, 2016 | Case: 2015-CT-039322-AXXX-XX | Judge ATKIN |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed the defendant to have an odor of alcohol, a pale face, and clumsy dexterity. The defendant was slow to exit the car and swayed while standing outside the vehicle. The defendant performed the roadside tests on video tape. He showed signs of impairment and was arrested for DUI. After his arrest, he blew a .156 and .156 in the breath machine. The defendant was also video taped at the police station blowing into the machine and speaking with the officers. | |
| Defense: | Parks & Braxton pointed out to the State that there was an error on the breath test print out sheet with the defendant's results due to a control test being out of the accepted range. The officers are on video tape telling the defendant he needed to blow again due to an error, but would not tell him what the error was on the machine. The defendant can be heard over and over asking for an explanation. The defendant then refused to give any more samples in that same machine. The State, after watching the video at the station and hearing the conversation between the officers and the defendant, agreed to Drop the DUI just prior to trial. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Feb 22, 2016 | Case: 0436-XFE | Judge WOLFSON |
| Facts: | The defendant was stopped for having an expired tag. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant failed the roadside tests. For example, on the walk and turn, she did not touch heel to toe and took an incorrect number of steps. On the one leg stand, she swayed, raised her arms for balance, and put her foot down. After her arrest, she blew a .101 and .094 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton announced ready for trial. On the morning of trial, the firm had the opportunity to talk to the arresting officer. The officer contradicted himself not only by stating opposite facts as to what was written in his report, but also by adding several facts to the case that were not written in his very vague reports. Based on that pretrial conversation, the State Dropped the DUI due to the officer's credibility being called into question. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2016 | Case: 15-003751CTAXMX | Judge ROBERTS |
| Facts: | The defendant was stopped by the police after he was seen driving out of an enclosed area which had barricades and posted signs stating to not enter. The area was closed off due to an art festival. The defendant was stopped at almost 3 a.m.. Once stopped, the officer noticed an odor of alcohol, flushed face, mumbled speech, and he was swaying. The defendant admitted to having a few drinks. On video, the defendant showed several signs of impairment and he was arrested for DUI. After his arrest, he blew a .228 and .224 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress all the evidence for an unlawful traffic stop. In our motion, we alleged there was no probable cause to believe the defendant committed any traffic infractions, nor was there any reasonable suspicion of a crime as he was "coming out of the area," not driving into the enclosed area in disregard of any signs. On the day of the motion hearing, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 12, 2016 | Case: 2015-CT-001343-E | Judge Starr |
| Facts: | The defendant was stopped for speeding, swerving, and almost hitting a curb. The officer observed the defendant to have an odor of alcohol, red eyes, and slurred speech. When asked if he had been drinking by the officer, the defendant responded by telling the officer he had consumed 4 beers, 1 shot, and 1 mixed drink. According to the officer, the defendant admitted to being drunk. The defendant performed the field sobriety tests and showed several signs of impairment. He was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton had questioned the officers prior to a trial date being set. The officers who were on scene contradicted themselves. Since there was no video at the scene, their credibility was called into question. Also, the defendant appeared sober on video at the breath testing facility which contradicted the officers account of what happened at the scene of the arrest. | |
| Result: | The State dropped the DUI. | |
| Feb 10, 2016 | Case: 14-044649MU10A | Judge Levy Cohen |
| Facts: | The defendant was involved in an accident which was witnessed by an off-duty officer. The officer approached the defendant's car and testified that he looked "out of it" but made no other observations. After several officers arrived on scene, a DUI investigation took place. The investigating officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to drinking beer. The defendant performed, and allegedly failed, the HGN (eye test), walk and turn as well as the one leg stand. However, none of these tests were captured on video. The officer stated that the defendant was off balance and unsteady throughout the investigation. The defendant was arrested for DUI. | |
| Defense: | Parks & Braxton took a deposition (sworn statement) of the arresting officer. The officer acknowledged that with the exception of the odor of alcohol, all of the other characteristics of impairment could just as easily be linked to a person who was in an accident resulting in injuries. This testimony was brought to the attention of the Supervising Prosecutor who ultimately dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2016 | Case: 15-CT-017159 | Judge LEFLER |
| Facts: | The defendant was involved in a one car crash. The crash was witnessed by an off duty officer from a different jurisdiction. The off duty officer also observed the defendant weaving and almost striking another car prior to the crash. The defendant's car ended up in a ditch. When the officer approached the defendant to help, he noticed the defendant to have mush mouth speech and once he finally got out of the car, he almost fell. At that time, the defendant's wife had pulled up and they drove off to his house. Another local Deputy subsequently arrived on scene and then proceeded to the defendant's house. Once at the house, about 20 minutes later, the officer observed the defendant inside the residence to have an odor of alcohol, slurred speech, and swayed as he stood. The defendant then performed the roadside tests. He failed them and was arrested for DUI. After his arrest, he blew a .125 and .125 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that under Florida Law, a defendant has to be under the influence of alcohol at the time of driving. In this case, since the initial officer never smelled any alcohol while the defendant was in his car at the crash scene, there was no way to prove that the defendant had been "driving" while under the influence of alcohol. It was not until 20 minutes later while the defendant had already been in his house did anyone smell any alcohol. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2016 | Case: 7144-XEM | Judge SERAPHIN |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed the defendant to have an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she blew a .084 and .081 in the breath machine. Also, the police found marijuana in the defendant's car in a post arrest search. | |
| Defense: | Parks & Braxton pointed out to the State that the breath machine has built in margins of error which could have put the defendant's breath alcohol level lower than the legal limit of .08. The State agreed and Dropped the DUI. Also, the possession of marijuana charge was dismissed. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2016 | Case: 14-038695MU10A | Judge Gottleib |
| Facts: | Two officers in different cars heard a loud noise coming from the defendant's vehicle. Ultimately, the defendant was stopped for driving on two rims. Upon questioning, the defendant admitted to drinking at a club. The officers both observed a strong odor of alcohol, bloodshot glassy eyes as well as a flushed face. The defendant was unclear where he was. The defendant performed the walk and turn test whereby he consistently stepped off of the line. On the one leg stand test he kept dropping his foot on the ground. After two more failed sobriety tests he was arrested for DUI. He blew a .172 and a .175 in the breath machine. | |
| Defense: | Parks & Braxton took a deposition of each of the witnesses. Subsequently, the firm argued a motion to suppress alleging that the defendant was pulled over unlawfully in violation of his fourth amendment rights. After testimony and argument, Judge Gottleib granted the motion and excluded all of the State's evidence. | |
| Result: | The DUI was dismissed. | |
| Feb 2, 2016 | Case: 15-CT-502983 | Judge HAYWARD |
| Facts: | The defendant was found sleeping in his car on the side of the road. The officer could not awake the defendant by tapping on the window so he opened the door to see if he was ok. Once the defendant finally awoke, the officer smelled an odor of alcohol, noticed watery/dilated eyes, and the defendant had difficulty following instructions. The defendant's speech was slurred and he admitted to drinking bud light. The defendant then performed the roadside tasks and according to the officer he failed. The defendant was then arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant was doing the right thing by sleeping on the side of the road versus driving around intoxicated. Also, the defendant was legally not in "actual physical control" of the car as he had no capability to operate the car while he was sleeping. | |
| Result: | The State dropped the DUI. | |
| Feb 2, 2016 | Case: 15-CT-502996 | Judge HAYWARD |
| Facts: | The defendant was stopped at a roadblock checkpoint. Upon being stopped, the officers observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant admitted to having consumed three drinks that night. She was then asked to perform the field sobriety tests on video tape. The defendant started the one leg stand and could not do it and stated it was too hard. On the walk and turn, she stepped off the line and did not touch heel to toe. She was then arrested for DUI. After her arrest, she blew a .090 and .085 (both results above the legal limit). | |
| Defense: | Parks & Braxton got a copy of the written roadblock guidelines and procedures for this specific checkpoint. Prior filing a motion to suppress, the firm pointed out to the State that the written procedures in this case gave the officers on scene too much "discretion" at the checkpoint in violation of Florida Law. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2016 | Case: 2015-CT-002653 | Judge HITZEMAN |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. She was unsteady and off balance while standing outside of her car. The officer even had trouble understanding her while she was speaking and noticed her to be very lethargic. The defendant failed the field sobriety tests. For example, on the one leg stand, the defendant put her foot down a number of times. Finally, she said she could not do it and just stopped. She was then arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that on video, the defendant did not appear off balance or unsteady. Also, on tape, the officer never asked her to repeat herself. Furthermore, the defendant was able to properly perform the walk and turn which contradicted her poor performance on the one leg stand. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2016 | Case: 2015-CT-000963 | Judge ISENHOWER |
| Facts: | The defendant was found by the police sitting in her car. The car had two flat front tires and the vehicle looked like it had been in a crash. As the officer began to speak to the defendant, she was confused and her clothes were covered in vomit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she was off balance upon standing outside the car. The defendant refused to perform the roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton filed pretrial motions to suppress. In one motion, we moved to suppress the refusal to perform roadside tests. We alleged that when the defendant refused to perform the tests, she was never advised of any adverse consequences for refusing. In our other motion, we moved to suppress the refusal to provide a breath sample as the defendant was improperly read implied consent prior to being arrested for DUI. Prior to even setting a hearing date on the motions, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2016 | Case: 2015-CT-015816 | Judge BONAVITA |
| Facts: | The defendant was stopped for weaving, almost striking a curb, and crossing into oncoming traffic. The officer noticed the defendant to have an odor of alcohol, slurred speech, and the defendant was fumbling with his items in the car. The defendant then refused to perform all the roadside tests and was arrested for DUI. He then refused to take the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. The week before trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2016 | Case: 2015-CT-016551 | Judge MCNEIL |
| Facts: | The defendant had struck an elevated sidewalk and ended up in a ditch. When police arrived, they noticed the defendant to have an odor of alcohol and slurred/mumbled/incoherent speech. She also had blood shot eyes and was argumentative. According to the officer, she failed the roadside tests which were not video taped. She was then arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton pointed out many discrepancies in the officer's reports. First, he wrote there was a video tape and there ended up being none. Also, he wrote the defendant's speech was incoherent, on the other hand, he wrote her ability to understand instructions was good. Furthermore, he did not write any specifics as it related to her performance on the roadside tests and only wrote vague statements. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2016 | Case: 2014-MM-010633 | Judge KRAUSE |
| Facts: | The defendant was stopped for weaving and driving past the stop bar. The officer noticed the defendant to have an odor of alcohol, extremely slurred speech, and bloodshot eyes. The defendant only performed the HGN (eye test) and was off balance. He refused to perform any more roadside tests and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that although the officer had a dash cam video, no one could even the see the HGN being conducted. Also, the defendant was never even placed in front of the camera until he was actually arrested for DUI. At the station on video, the defendant appeared sober which contradicted the officer's reports about his level of intoxication at the scene. | |
| Result: | The State dropped the DUI. | |
| Jan 14, 2016 | Case: 2013-CT-006733-A-O | Judge CAMERON FOR ADAMS |
| Facts: | The defendant was found by the police sleeping on the grassy shoulder of an exit ramp. The officer observed the defendant, upon waking him, to have an odor of alcohol, slurred speech, and bloodshot eyes. An unopened bottle of wine was seen in the car. The defendant failed all the field sobriety tests. There was no video tape. For example, on the walk and turn test, the defendant almost fell and had his arms out for balance. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest, he blew a .249 and .249 in the breath machine (over three times the legal limit). | |
| Defense: | Parks & Braxton were involved in pretrial litigation to exclude the breath results. The Judge granted the motions pertaining to our client and other defendant's and excluded all breath test results from evidence. The defense announced ready for trial. On the day of the trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 14, 2016 | Case: 2015-CF-008933 | Judge HOLDER |
| Facts: | The defendant was first observed by a citizen passed out in her car in a neighborhood. He then called the police. The paramedics arrived first and got he defendant out of the car. When the police arrived, the defendant was laying on the grass with the paramedics. The officers observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. She was also using abusive language towards the police and paramedics. As the officer was attempting to begin the DUI investigation, the defendant spit at him and became combative. As the officer was escorting her to his patrol car, the in car camera captured the defendant kick him in the leg. She was then arrested for DUI and Felony battery on a law enforcement officer. | |
| Defense: | Parks & Braxton pointed out to the State that pursuant to Florida Statute 901.15, since no police officer observed the defendant behind the wheel, and there was no crash exception, the officer did not observe an essential element of the DUI (ie. the defendant either driving or in actual physical control). Thus, the State, after being provided case law, Dropped the DUI. Furthermore, the defendant did Not receive any felony conviction for the felony charge. Therefore, she will Not be a convicted felon. | |
| Result: | The State dropped the DUI. | |
| Jan 13, 2016 | Case: A3P1LNE | Judge BEDINGHAUS |
| Facts: | The defendant was stopped by the police as they observed him throw trash outside his moving vehicle. Upon being stopped, the officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant's movements were lethargic and clumsy. Once outside the car, the defendant performed the field sobriety tests on video tape. According to the officer, the defendant failed them and was arrested for DUI. After his arrest, he blew a .115 and .113 in the breath machine. | |
| Defense: | Parks & Braxton spoke to the State. We pointed out that the defendant's breath test results could have been reading falsely high. The reason is that the control test solutions were reading higher on the day he blew and also on the maintenance on the machine. Furthermore, the video contradicted the written reports of the officer as it related to the defendant's performance on the field sobriety tests. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2016 | Case: 13-020659MM10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a traffic crash and stopped for allegedly trying to flee the scene. While speaking with the defendant the officer observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. A civilian witness provided a detailed statement indicating his belief that the defendant was intoxicated. The defendant refused to participate in any tests and was arrested for DUI. | |
| Defense: | Because the defendant was not provided with any adverse consequences, Parks & Braxton filed a motion to suppress the refusal to submit to testing. In addition, after taking testimony from the officers, they all agreed that the defendant was not trying to flee the scene. Because of the lack of evidence, Parks & Braxton announced ready for trial. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2016 | Case: 15-CT-504402 | Judge GONZALEZ |
| Facts: | The defendant was the at fault driver in a head on crash. When officers arrived, they noticed the defendant to have slow reactions, bloodshot eyes, and had trouble answering any questions. She had a blank stare and could not find her driver's license. The officers on scene believed the defendant was under the influence of alcohol, a chemical, and/or controlled substance. There was no odor of alcohol. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused to provided a breath and urine sample. | |
| Defense: | Parks & Braxton called the prosecutor early on in the case. We pointed out that under Florida law, if alcohol is not involved, then the State must prove by which specific chemical and/or controlled substance was allegedly impairing the defendant. Here, there was no specific evidence of either. A person cannot just be alleged to have been impaired by "anything." The State agreed and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
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