| Nov 12, 2024 | Case: 24-CT-001187 | Judge Farr |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, a flushed face, and glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .081 and .081 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Many of the written observations were over exaggerated and were contradicted the video. In addition, with the .02 margin of error in the breath machine, we were able to place the defendant breath test results under the legal limit. The State Dropped her Second DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Nov 6, 2024 | Case: 23-CT-010236 | Judge Taylor |
| Facts: | The defendant was stopped for disobeying the right of way at a traffic control device, by making an illegal U-turn. Officers noticed an odor of alcohol, glossy eyes, and lethargic movements. The defendant admitted to having drank one cocktail. He performed the HGN (eye test), walk and turn, and one legs stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The firm provided the State with the defendant's medical records revealing he had numerous prior injuries which would have caused him to not perform well on the roadside tests. Thus, there was doubt as to whether any impairment was due to his injuries versus alcohol. The State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 6, 2024 | Case: 24-CT-012671 | Judge Taylor |
| Facts: | The defendant was stopped for crossing over into oncoming traffic at a high rate of speed. Officers observed an odor of alcohol,glassy eyes, slurred speech, and he appeared unsteady. He also had a wristband on from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine. | |
| Defense: | On tape, the defendant's speech was not slurred and he was not unsteady. His performance on the roadside tests was much better on tape than as described in the police reports. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 6, 2024 | Case: 23-CT-014076 | Judge Taylor |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that he had consumed four drinks. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After discussions with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 6, 2024 | Case: 24-CT-011027 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated he had consumed three to four drinks. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .185 and .168 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. | |
| Nov 6, 2024 | Case: 24-CT-010565 | Judge Taylor |
| Facts: | The defendant was found passed out in his car with the vehicle at rest facing perpendicular to a tree. Upon awakening the defendant, the officer noticed an odor of alcohol, droopy eye lids, slurred speech, and watery/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .158 and .158 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. | |
| Nov 5, 2024 | Case: 23-008647MU10A | Judge Brown |
| Facts: | The defendant was observed passed out behind the vehicle while in the middle of an intersection. When the officers would attempt to wake the driver he would remove his foot from the brake and the car would continue to roll forward. Eventually, the defendant exited the car and was extremely unsteady on his feet. The defendant had slurred speech , and he had difficulty spelling his own name. The defendant performed poorly on each of the field sobriety exercises and was arrested for DUI. At the breath alcohol testing facility the defendant blew .000 and subsequently provided a urine sample. The urine revealed a positive test for alprazolam (Xanax). All of the above facts were captured on video. | |
| Defense: | Parks & Braxton announced ready and set the case for jury trial. On the morning of trial the prosecutor took into consideration the defendant's age and prior record and agreed to drop the DUI. Despite the extremely poor performance on the video, the defendant walked away with no DUI on his record. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2024 | Case: 24-CT-036477 | Judge Ingram |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/bloodshot eyes, and the defendant stated that he had consumed three beers. The defendant also swayed while he stood and was slow while he walked. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2024 | Case: 24-CT-035518 | Judge Ingram |
| Facts: | The defendant was stopped for driving too slow and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He stated he that he had drank two beers, had fatigued movements, exhibited slow responses, and fumbled with his items. The defendant then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | An officer from outside his own jurisdiction stopped the defendant. He then called for an officer within the correct jurisdiction to conduct the DUI investigation and make the arrest. The firm raised issues about the lawfulness of the traffic stop by an officer acting outside his jurisdictional limits. The State agreed ad Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2024 | Case: 24-CT-034478 | Judge Ingram |
| Facts: | The defendant was stopped for driving without lights after dark. Offices noticed an odor of alcohol, enlarged pupils, clumsy dexterity, and his shirt was on inside out. The defendant also had slurred speech and bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .223 and .222 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. | |
| Oct 31, 2024 | Case: 24-CT-007531 | Judge Taylor |
| Facts: | The defendant was stopped for driving westbound in the eastbound lanes of travel on the rim of his passenger tire. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He also had a flushed face, appeared unsteady, and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .200 and .189 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 31, 2024 | Case: 24-CT-007545 | Judge Taylor |
| Facts: | The defendant crashed his car into a tree. Officers observed an odor of alcohol, glassy/watery eyes, slow/slurred speech, and lethargic movements. He also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .101 and .100 in the breath machine. | |
| Defense: | On tape, the defendant was covered in blood on his face and clothes. We pointed out to the State that any impairment such as slurred speech, unsteadiness, and lethargic movements could have just as easily been attributed to the crash versus alcohol. Also, the fact the officer did not administer any nonphysical tests was ridiculous as the defendant was covered in blood. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 31, 2024 | Case: 24-CT-008062 | Judge Taylor |
| Facts: | The defendant was stopped after he reversed out of a parking lot across all lanes of traffic and nearly struck a curb. Officers noticed an odor of alcohol, red/watery eyes, a sleepy appearance, and he made lethargic movements. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and .195 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. | |
| Oct 31, 2024 | Case: 24-CM-006218 | Judge Farr |
| Facts: | The defendant was stopped for driving with no lights after dark. Officers observed an odor of alcohol, bloodshot/watery eyes, and slurred speech. He also had a wristband on from a bar. The defendant performed poorly on field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. While being arrested for DUI, he pulled way, defied orders to stop moving his arms and would not allow the officers to place him in the back of patrol car. He was also charged with resisting an officer without violence. He later refused a breath test. | |
| Defense: | After several discussions with the State about the defendant and the evidence, the State Dropped the DUI and Dismissed the Resisting charge. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2024 | Case: 24-CT-502009 | Judge Swett |
| Facts: | The defendant was stopped for driving 120 mph in a 70 mph zone. Officers also thought he was racing another car. The defendant was immediately placed into handcuffs upon contact. They noticed an odor of alcohol, bloodshot/glassy eyes, and mumbling/slurred speech. The defendant appeared unsteady, swayed, and was slow to respond. After performing various field sobriety tests such a HGN (eye test), the walk and turn, and one leg stand, he was arrested for DUI. He was also charged with racing on the highway. The defendant later refused a breath test. | |
| Defense: | On tape, the officer had no clue how to position his dash camera so we could fully see all the roadside tests. On the walk and turn and one leg stand, we could not see the defendant's knee down. In addition, on tape, his speech was normal and he was not off balance. The State Dropped the DUI and Dismissed the racing charge. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2024 | Case: 24-CT-005085 | Judge Farr |
| Facts: | Police were called to an assault and battery call at a Circle K convenience store. The defendant was allegedly involved in an altercation. When officers arrived, the defendant was sitting in her vehicle. They noticed an odor of alcohol, watery eyes, slurred speech, and she appeared unsteady. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, her speech was not slurred and she was not unsteady. In fact, she was sitting the curb the entire time while officers investigated. We pointed out to the state there was a complete lack of evidence and no probable cause to even arrest her. The State agreed and the DUI was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2024 | Case: 24-CT-034477 | Judge Koenig |
| Facts: | The defendant was stopped after he was observed driving the wrong way down a one-way street. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and he stated he had drank two beers. He appeared unsteady, moved slowly, and also swayed while he stood. He then performed various field sobriety tests such as the walk and turn and one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | Many observations written in the police reports were contradicted by the video tape. After pointing those out to the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2024 | Case: 24-CT-033037 | Judge Koenig |
| Facts: | The defendant was stopped driving 93 mph in a posted 65 mph zone. Officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that he had drank two beers and also had difficulty locating his items. After performing various roadside tests, he was arrested for DUI. He later blew a .127 and .126 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUII. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2024 | Case: 24-CT-038882 | Judge Koenig |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared confused. The defendant stated that he had consumed three beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .200 and .202 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. | |
| Oct 18, 2024 | Case: 24-CT-030271 | Judge Koenig |
| Facts: | The defendant crashed his car and then left the scene of the accident. When officers found him, they noticed visible truck damage, an odor of alcohol, slurred/mumbled speech, and his pants hanging down. He fumbled with his items and stumbled outside the truck. The defendant refused to do any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | When officers finally located the defendant, he was sitting in the passenger seat of the damaged truck, the door was open, and the truck was off. The defendant had the keys in his pocket. Officers were on body worn camera trying to find the witness who saw him driving at the time of the crash, but could not find anyone who could ID him as the driver. In fact, on tape, officers can be heard stating that nobody can identify him. Since the State could not place him in actual physical control of the time of accident, as well as the fact that he was sitting in the passenger seat of a running truck, they Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
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