| Jun 9, 2021 | Case: 21-CT-012467 | Judge Peacock |
| Facts: | The police were called because the defendant was traveling the wrong way and swerving. When officers found the defendant, he was outside his car. They observed an odor of alcohol, slurred speech and he admitted to having consumed 6 drinks. After performing field sobriety tests, he was arrested for DUI. He later blew a .208 and a .199 in the breath machine. | |
| Defense: | When there is no crash, under Florida Statute 901.15, the police are required to observe the defendant behind the wheel. If they do not, the arrest is unlawful and the breath test would have been excluded. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jun 9, 2021 | Case: 18-014784CF10A | Judge Coleman |
| Facts: | The defendant was the at fault driver in a traffic crash. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 3-4 beers and had trouble standing erect. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's 4th DUI and he was charged with felony DUI. | |
| Defense: | Parks & Braxton filed multiple motions to suppress evidence in the case. The firm also took depositions of the witnesses. The civilian witness involved in the crash contradicted almost every portion of the officer's testimony. Thus, there were credibility issues. | |
| Result: | The State Dropped the Felony DUI. | |
| Jun 9, 2021 | Case: 21-CT-000355 | Judge Christine |
| Facts: | The defendant was stopped after a caller dialed 911 saying that the defendant was driving all over the road and speeding. The caller was actually an off duty officer. When officers stopped the defendant, they noticed an odor of alcohol. glassy eyes, and thick tongued speech. She stumbled and was very unsteady. The defendant refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Since there was no DUI video, the firm put forth that there was a lack of evidence and also that the police reports were vaguely written. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 21-CT-012267 | Judge Jacobus |
| Facts: | The defendant was pulled over for driving with no headlights. Officers observed an odor of alcohol, bloodshot eyes and he stated he had drank two beers. He also had mumbling speech and swayed while he stood. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew. a .172 and a .167 in the breath machine. | |
| Defense: | Due to contradictions in the reports and video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 21-CT-011628 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed the defendant to have an odor of alcohol, a fixed gaze, and glossy eyes. She seemed confused, had slow speech, and stated she had just consumed alcohol. After performing field sobriety tests, she was arrested for DUI. She later blew a .211 and a .210 in the breath machine. | |
| Defense: | After the firm raised various legal issue within the case based on the discovery, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 18-000620CF10A | Judge Kollra |
| Facts: | The defendant crashed into a bicyclist in a residential neighborhood driving approximately 90 mph. The bicyclist subsequently died and the defendant was charged with vehicular homicide. A video which was located two blocks from the crash estimated the defendant's speed between 84mph and 99mph. The black box in the vehicle revealed a speed of 88mph. A civilian witness observed the defendant behind the wheel and corroborated the speed. | |
| Defense: | The State Attorney listed approximately 50 witnesses. Most important to the case was the traffic homicide investigator. After five (5) hours of cross-examination, the homicide investigator acknowledged the following. First, there was a box truck making a left turn that was discovered near the location of the crash which could have concealed the victim's bicycle just prior to the crash. There was a set of headphones that were located close to the victim's body which could have impaired the defendant's attention on the road. A toxicology report indicated both alcohol and cocaine in the victim's blood which could have impaired his ability to safely operate the bicycle. In addition, the officer recognized that many of the details that the independent civilian witness testified to were incorrect. The prosecutor acknowledged the weaknesses that were created by the defense. The vehicular homicide was amended to a reckless driving with injury. | |
| Result: | The defendant was not convicted of any crime. | |
| Jun 8, 2021 | Case: 21-CT-001868 | Judge Farr |
| Facts: | The defendant was stopped for driving southbound in the northbound lane of travel. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. She was slow and lethargic, admitted to having drank beer, and appeared unsteady. After performing various field sobriety tests, she was arrested for DUI. She later blew a .180 and a .162 in the breath machine. | |
| Defense: | Due to some conflicts within the discovery, the firm was able to convince the State that there were credibility issues. | |
| Result: | The State dropped the DUI. | |
| Jun 8, 2021 | Case: 19-008124MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was stopped for the traffic violation of not wearing a seatbelt. They observed an odor of alcohol and watery eyes. The defendant admitted to having drank 2 beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and a .116 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre trial motion to suppress the breath test. In our motion, we alleged that the defendant was improperly coerced into taking a breath test by the police because they gave him misinformation. The State subsequently Dropped the DUI after the motion hearing. | |
| Result: | The State dropped the DUI. | |
| Jun 7, 2021 | Case: 20-CT-003097 | Judge Sestak |
| Facts: | The defendant ran off the road and crashed his car in some trees. When officers arrived, they noticed an odor of alcohol, bloodshot/watery eyes, and a flushed face. He had mumbled speech, appeared sleepy and lethargic, and had to lean on the vehicle for balance. He refused to perform all roadsides and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm put forth that there was an actual physical control issue as it was unknown where the keys were located to the vehicle. Also, many observations that the officer wrote in his reports were contradicted by the video tape. Furthermore, the officer did not advise the defendant of any adverse consequences when he refused the roadside tests as required by law. | |
| Result: | The State dropped the DUI. | |
| Jun 7, 2021 | Case: 19-025152MU10A | Judge Lerner-Wren |
| Facts: | The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2021 | Case: ADW4CWE | Judge Szematowicz |
| Facts: | Police were called about intoxicated males having a a brawl. The defendant was in the drivers seat of a truck when officers arrived on scene. They observed the defendant to have an odor of alcohol and slurred speech. The defendant's eyes were droopy and red, he had difficulty following instructions, and he had numerous behavioral changes. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The call was not specific as to which males were actually fighting. Thus, the firm put forth that ordering the defendant out of the truck without reasonable suspicion of a crime was unlawful. | |
| Result: | The State dropped the DUI. | |
| Jun 3, 2021 | Case: 21-CT-000352 | Judge Gutman |
| Facts: | The defendant was stopped for driving with no lights. The officer noticed an odor of alcohol, bloodshot eyes, and an unsteady balance. After performing roadside tests, she was arrested for DUI. She later refused to provide a breath sample. | |
| Defense: | Based on the video and written evidence, the firm put forth that there was a lack of probable cause to make the arrest. | |
| Result: | The State dropped the DUI. | |
| Jun 3, 2021 | Case: 20-CT-009351 | Judge Gutman |
| Facts: | The defendant was the at fault driver in a rollover crash. When officers arrived on scene, they observed an odor of alcohol, bloodshot eyes, thick/slurred speech, and a confused demeanor. The defendant was transported to the hospital where she refused to provide a blood sample. She was later charged with DUI. | |
| Defense: | There was doubt as to whether any impairment observed was equally due to the severity of the rollover crash versus impairment by alcohol. | |
| Result: | The State dropped the DUI. | |
| Jun 3, 2021 | Case: 21-CT-000886 | Judge Gutman |
| Facts: | The defendant was stopped for weaving, almost striking concrete curbs, and driving on lane markers. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank vodka/Red Bulls. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew. a .095 and a .095 in the breath machine. | |
| Defense: | There is a .02 margin of error in the breath machine. Thus, the firm was able to put the defendant's breath alcohol results under the legal limit. | |
| Result: | The State dropped the DUI. | |
| Jun 3, 2021 | Case: 20-CT-008964 | Judge 20-CT-008964 |
| Facts: | The defendant was contacted by police after a caller stated that he was passed out in the drive thru lane at a fast food restaurant. Officers observed a strong smell of Marijuana, an odor of alcohol, and bloodshot eyes. He performed poorly on the roadside tests and he was arrested for enhanced DUI, because there was a child in the car. He later provided a urine sample which tested positive for Marijuana once analyzed by the FDLE lab. | |
| Defense: | Due to contradictions in the police reports versus the video, the Sate Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 2, 2021 | Case: 20-CT-011306 | Judge Scott for Mcneil |
| Facts: | The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonipin (a controlled substance). After performing field sobriety tests, he was arrested for DUI. | |
| Defense: | The defendant was stopped for weaving and straddling on the lane markers. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant admitted to having consumed beer and taking Klonopin (a controlled substance). After performing field sobriety tests, he was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 2, 2021 | Case: 20-MM-000704 | Judge Wilson |
| Facts: | The police responded to a call about a reckless driver who appeared intoxicated and almost ran them off the road. Police spotted the vehicle in question, driven by the defendant, who had pulled over on the side of the road. When police made contact, they observed an odor of alcohol. He stated that he had drank rum and tequila, and he had extremely slurred speech. He was verbally abusive and also very belligerent. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. He was also charged with making threats to law enforcement and willfully refusing to sign a summons. | |
| Defense: | The officers did not corroborate any diving pattern prior to making contact and ordering him out of the car. Thus, the firm put forth that initial stop was unlawful. The State Dropped the defendant's Second DUI. The other two charges were dropped as well. | |
| Result: | The State dropped the DUI. | |
| Jun 1, 2021 | Case: 20-CT-002478 | Judge Conrad |
| Facts: | The defendant crashed his car into a mailbox and ended up in a ditch. The officer came into contact with the defendant about an hour and half later, down the road from the crash scene. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .235 and a .233 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | The State could not prove that the defendant was under the influence of alcohol at the time of the crash due to the time frame and distance from the crash scene. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| May 27, 2021 | Case: 20-CT-011010 | Judge Gutman |
| Facts: | The defendant was found by police sitting in his car with a flat tire and fresh damage to the passenger side mirror. He exited his car and began urinating in front of the officer. Officers observed an odor of alcohol, slurred/mumbled nonsensical speech, and glassy eyes. He became belligerent and had trouble following instructions. He couldn't perform any roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm raised issues with the State as to whether the the defendant was impaired prior to the vehicle being inoperable. | |
| Result: | The State dropped the DUI. | |
| May 24, 2021 | Case: 20-CT-016247 | Judge Panse |
| Facts: | The defendant was stopped for speeding, weaving, and cutting all over lanes of traffic. Officers observed an odor of alcohol, a flushed red face, and slurred speech. The defendant appeared nonresponsive to the officer’s questions. After performing roadside tests, she was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | The firm pointed out to the State that on tape the officer had his mind made up to arrest the defendant prior to any DUI investigation being conducted. He was talking very fast and the defendant couldn't follow what he was saying. It was very clear that he was just going though the motions. | |
| Result: | The State Dropped the defendant's Second DUI. | |
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