| Sep 10, 2013 | Case: CT-6319-XEP | Judge Lefler |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant also admitted to having two drinks. According the officer, he exhibited clues of impairment on the roadside tasks and was arrested for DUI. After his arrest, he blew a .138 and .132 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State, that on the video tape, the officer misinformed the defendant of the consequences of taking versus not taking a breath test. Based on the conversation between the officer and the defendant on video, the defendant then felt coerced into taking a breath test. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
CRIMINAL CASE RESULTS
OUR RECENT CRIMINAL DEFENSE VICTORIES
| Sep 9, 2013 | Case: 4669-XEV | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and blood-shot eyes. A bottle of Vodka was also found in the car. The defendant initially refused to perform the field sobriety tasks at the request of the officer. After a brief conversation with the officer, he then decided to do them. According to the officer, he failed them all and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misstated the law and coerced the defendant into performing the tasks. The State conceded the motion after reading all the case law provided by the defense. | |
| Result: | The State dropped the DUI. | |
| Sep 4, 2013 | Case: 13-CT-017363AXXX | Judge Johnson |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and red eyes. The defendant also stated she had drank two margaritas. The defendant was unsteady upon exiting the car and swayed while outside the car. According the officer, she failed the video taped roadside tests. After her arrest, she refused the breath test. | |
| Defense: | Parks and Braxton pointed out to the State that the entire video tape contradicted the officer's written allegations and observations. | |
| Result: | The State dropped the DUI. | |
| Sep 4, 2013 | Case: 13-CT-012818AXXX | Judge Johnson |
| Facts: | The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, red eyes, and "delayed" speech. The defendant admitted to drinking beer and having a shot of Jack Daniels. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We also pointed out to the State there was no sound on the video tape. Thus, nothing could be heard such as the defendant's speech, questions and answers by the officer to the defendant, the defendant's counting during the tasks, and the alphabet test. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2013 | Case: 9646-XEX | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and a flushed face. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton attempted to pick a jury on the case to fight the charges but the panel was eventually stricken prior to being sworn. Afterwards, the firm again pointed out to the State that the officer had not written any specifics of the defendant's performance on the roadside tests and his reports were very vague. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2013 | Case: 12-007125MM10A | Judge Solomon |
| Facts: | The defendant was stopped by the Florida Highway Patrol for weaving all over the roadway. This allegedly occurred numerous times over a few blocks. As the Trooper approached the car he observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant subsequently admitted to drinking. The defendant was asked to exit the vehicle. The Trooper observed that he was unsteady on his feet and swayed while he walked. The defendant performed 4 field sobriety tests including the HGN (eye test), walk and turn (9 steps up and back on a line), one leg stand as well as the finger to nose test. The defendant allegedly performed poorly on the tests and was arrested for DUI. | |
| Defense: | Parks & Braxton had a prior case with this Trooper whereby he admitted to falsifying a police report. Therefore, his credibility was suspect from the beginning of the case. In addition, the video failed to support all of the observations made by the Trooper. | |
| Result: | The State dropped the DUI. | |
| Aug 22, 2013 | Case: CT-6454-XBO | Judge Conrad |
| Facts: | The defendant crashed into a guard rail. Once officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had a bar stamp on his hand. He was also unsteady and swaying. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We pointed out to the State that although there was an in car video tape, the officer did not place the defendant in front of the camera while he performed the tests. Thus, one could hardly see almost all of the defendant's performance even though the camera was running. | |
| Result: | The State dropped the DUI. | |
| Aug 22, 2013 | Case: CT-6316-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We pointed out to the State that the officer had the defendant perform the roadside tests on a very slanted road which was clear on the tape. | |
| Result: | The State dropped the DUI. | |
| Aug 16, 2013 | Case: 6200-XEQ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for driving with inoperable brake lights. The officer noticed the defendant to have an odor of alcohol, slurred speech, flushed face, and blood-shot eyes. The defendant also admitted to drinking beer. She failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 15, 2013 | Case: 1568-XEU | Judge Denaro |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and he stumbled upon exiting the car. He also handed the officer a piece of tissue paper instead of his driver's license. The defendant failed 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. | |
| Aug 14, 2013 | Case: A0FPTWE | Judge McNeil |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officers observed the defendant to have an odor of alcohol. blood-shot eyes, and the defendant admitted to having anywhere from 3-6 beers. The defendant fumbled while looking for his license and stumbled while outside the car. According to the officers, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a.140 and .129 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 9, 2013 | Case: 2013-CT-057615AXXX | Judge McKibben |
| Facts: | The police were called to the scene by a McDonald's employee who believed the defendant and his passengers were drunk at the "drive thru." They were yelling curse words at the employees and passing around a beer bottle. Police arrived and stopped the car. The officer noticed the defendant, who was the driver, to have an odor of alcohol, slurred speech, and bloodshot eyes. He also fumbled with his wallet and admitted to drinking. The defendant refused to preform 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. | |
| Aug 2, 2013 | Case: 13-CT-501493 | Judge Mann |
| Facts: | The defendant was stopped for running a stop sign. The officer observed an odor of alcohol and bloodshot eyes. The officer handcuffed the defendant an put him in the backseat of his patrol car because of the defendant's alleged "aggressive" behavior." After about 30 minutes, the defendant performed the field sobriety tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained (a de-facto arrest) by being handcuffed and placed in the back of a patrol car for 30 minutes without probable cause. | |
| Result: | The State dropped the DUI. | |
| Jul 30, 2013 | Case: CT-6538-XEP | Judge Jeske |
| Facts: | The defendant was stopped for allegedly cutting off an officer which caused him to brake. Once a traffic stop was conducted, the officer noticed the defendant to have an odor of alcohol and red eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired. | |
| Result: | The State dropped the DUI. | |
| Jul 26, 2013 | Case: 2013-CT-002164-A-O-X | Judge Blechman |
| Facts: | The defendant was stopped for driving erratically and crossing over a concrete median into oncoming traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he performed poorly on all the roadside tests displaying several signs of intoxication. He was then arrested for DUI. After his arrest, he blew a .167 and a .165 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that there were certain issues involving the video tape used by the police in the case. | |
| Result: | The State dropped the DUI. | |
| Jul 26, 2013 | Case: 2013-CT-003308-A-O-X | Judge Jewitt |
| Facts: | The defendant was involved in a traffic crash. Upon the police arriving on scene, they noticed the defendant walking on the side walk. The police ordered him "to sit on the curb." They then made contact with defendant and observed him to have an odor of alcohol. watery eyes, and he was disoriented. According to the officers , he failed the field sobriety tests and was arrested for DUI. Officers also found beer bottles and beer cans in the car. After his arrest, he blew a .135 and .136 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained by the police prior to any DUI investigation being conducted. | |
| Result: | The State dropped the DUI. | |
| Jul 25, 2013 | Case: 12-013057MM10A | Judge Diaz |
| Facts: | The police were called to an apartment complex in reference to a disturbance. A security guard also observed the defendant to be heavily intoxicated. When police arrived, they observed the defendant in her car. Upon exiting, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The officer also noticed the defendant to have difficulty with her motor skills. According to the officer, she failed the field sobriety tests and was arrested for DUI. Police also found the defendant in possession of marijuana and charged her with that crime. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton took pre-trial depositions of all the witnesses in the case. After taking their testimony in the depositions, the firm filed a pre-trial motion to suppress. In our motion, we alleged that the defendant had been unlawfully detained by the police without any reasonable suspicion of a crime. The possession of marijuana charge was also dismissed. | |
| Result: | The State dropped the DUI. | |
| Jul 24, 2013 | Case: 2013-CT-000499 | Judge Martin |
| Facts: | The defendant was stopped for making a wide turn and almost striking an officer's patrol car. The officer noticed the defendant to have an odor of alcohol, slow speech, and red eyes. He admitted to having a couple of glasses of wine. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .125 and .121 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Jul 24, 2013 | Case: CT-7156-XEP | Judge Myers |
| Facts: | The defendant was stopped for speeding and following another car too closely. The officer observed the defendant to have an odor of alcohol and blood-shot/glassy eyes. The defendant refused to perform the roadside tests on video tape 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. | |
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.