| Jan 30, 2023 | Case: 22-CF-002086 | Judge Riba |
| Facts: | The defendant was stopped after she failed to move over for a firetruck and police vehicles. She was speeding, straddling the lane markers, and nearly hit a firefighter and an officer. It took a while for the defendant to stop even after sirens were activated. Once stopped, officers observed glassy eyes, mush mouthed speech, and she used profanities toward the officers. Her movements were clumsy and she was very unsure in her movements. There was no odor of alcohol. Believing she was impaired by drugs, the officers requested her to perform field sobriety tests to which she refused. She was then arrested for DUI and later refused a breath test. This was the defendant's Fourth DUI and she was charged with a Felony DUI. | |
| Defense: | Under Florida law, to prove DUI under 316.193 (Florida Statutes), the state must prove that a defendant was impaired by alcohol and/or a chemical and/or a controlled substance. Prior to trial, the firm took pretrial depositions of the two officers. At depo, the firm got both officers to state that they had no idea what was allegedly impairing the defendant, nonetheless a specific chemical substance under chapter 877 of the Florida Statutes or a controlled substance under 893 of the Florida Statutes. The State Dropped the Defendant's Felony DUI and she received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
DUI CASE RESULTS
OUR RECENT DUI VICTORIES
| Jan 27, 2023 | Case: 22-CT-028493 | Judge Musselman |
| Facts: | The defendant was stopped for running a stop sign, weaving, and almost crashing into a police car. The officer who conducted the stop noticed an odor of alcohol, bloodshot eyes, and slurred speech. His movements were slow, lethargic, and he stumbled. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | Many observations on tape contradicted the reports. On tape, his speech wasn't slurred and he never stumbled. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2023 | Case: 21-CT-003177 | Judge Doyle |
| Facts: | The defendant was observed by civilians swerving all over the road and speeding. He eventually crashed his car into a utility pole. Officers arrived on scene and did not smell alcohol, but observed slurred speech, watery/glassy eyes, and he was unsteady. He also had to lean against the car for balance and was slow to respond to questions. Believing that he was impaired by drugs, he was requested to perform roadside tests to which he refused. He was then arrested for DUI and later refused a breath and urine test. | |
| Defense: | Under Florida law, to be guilty of DUI under Florida Statute 316.193, a defendant must be impaired by alcohol and/or a chemical and/or a controlled substance. One cannot just simply be "impaired by something." Here, the defense filed a motion for statement of particulars to find out what the state was alleging by what specific chemical and/or controlled substance was allegedly impairing the defendant. Not being able to respond, the State Dropped the DUI the week before trial and the defendant received no conviction. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: 22-CT-043562 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. He then performed various roadside tests such as the HGN (eye test), finger to nose, walk and turn, and one leg stand. He was then arrested for DUI and later refused the breath test. | |
| Defense: | On tape, the defendant’s speech was not slurred and he performed better on the field sobriety tests than written. There was a lack of probable cause to arrest. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: AEBMJPE | Judge Lawhorne |
| Facts: | The defendant backed her car up in a parking lot and crashed into a fire truck. When officers arrived, they noticed the defendant to have an odor of alcohol, slow movements, and slurred speech. She swayed while she stood and had bloodshot eyes. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | The video tape contradicted the officer's reports. For example, on tape she never swayed and her speech was normal. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2023 | Case: AFLPJEE | Judge Croff |
| Facts: | The defendant was found passed out in his truck while stopped in the road and slightly in a bus lane. The defendant's head was in his hands and saliva was on his jeans. He appeared disoriented, had an odor of alcohol, droopy eyes, mumbled speech, and a dazed look. He then began to vomit in front of the officer for about a minute. During roadside tests, he had an uncomprehending expression and performed poorly. He was arrested for DUI and later blew a .137 and .136 in the breath machine. | |
| Defense: | After discussions with the prosecutor about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2023 | Case: 22-CT-017325 | Judge Bristow |
| Facts: | The defendant was stopped for failing to maintain a single lane and driving too slow. Officers observed the defendant to have an odor of alcohol, thick/slurred speech, and glassy eyes. He was unsteady on his feet and admitted to having drank two glasses of wine. He performed very poorly on the roadside tests. For example, he could not state the alphabet correctly and could not follow the simplest of instructions on the finger to nose exercise due to is intoxication level. He was then arrested for DUI and later blew a .231 and .224 in the breath machine. | |
| Defense: | After several conversations with the prosecutor about the facts and the defendant himself, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 23, 2023 | Case: 22-CT-013868 | Judge Bristow |
| Facts: | The defendant ran off the road and crashed her car into a fire hydrant. When officers arrived, they noticed the defendant to have an odor of alcohol, slow/slurred speech, and she was staggering. There was a container with whiskey found in the car as well. She then performed various field sobriety tests and was arrested for DUI. She later blew a .178 and .171 in the breath machine. | |
| Defense: | The defendant's airbags deployed due to the hard impact. After being hit in the head with airbags, the officer still had her do the walk and turn and one leg stand exercises. There were doubts raised as to whether her impairment at the scene was caused from the accident versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2023 | Case: 22-CT-029775 | Judge Silverman |
| Facts: | The defendant was the at fault driver in a rear end crash. There was no odor of alcohol, but officers observed the defendant to have constricted pupils, lethargic movements, and slow/raspy speech. The defendant stated that she takes a variety of medicines, all prescribed. Believing she was impaired by drugs, she then performed various field sobriety tests. She was then arrested for DUI and later provided a urine sample. The sample came back from FDLE with positive results for amphetamines and Xanax. | |
| Defense: | The accident happened on the defendant's way home from work. She hadn't taken any medicines since the morning and was not impaired. Her performance on the roadside tests on tape showed a lack of probable cause. The State agreed and Dropped the DUI to a Civil Careless Driving Infraction. | |
| Result: | The State dropped the DUI. | |
| Jan 20, 2023 | Case: 22-CT-019340 | Judge Silverman |
| Facts: | The defendant was stopped for swerving and causing other drivers to avoid contact. There was no odor of alcohol, however, officers noticed a flushed face, slow movements, bloodshot eyes, and mood swings. The defendant stated she had taken her prescribed medications. Due to physical limitations, she was given alternative roadside tests which did not involve walking or standing on one leg. She was then arrested for DUI and later provided a urine test which was analyzed by FDLE. It came back positive for controlled substances. This was the defendant's Second DUI. | |
| Defense: | The defendant was prescribed all the medications that she tested positive for. Many of the observations written in the police reports were contradicted by the videotape. The State agreed and Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 18, 2023 | Case: 22-CT-001452 | Judge Crown |
| Facts: | The defendant was stopped for speeding, driving with one headlight, and driving in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and difficulty with comprehension. His speech was slurred and he repeated the same questions to the officer. A Modelo beer was also found in the car. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Under Florida law, an officer must advise a defendant of adverse consequences if a defendant refuses to perform field sobriety tests. If they do not, the defendant's refusal would be excluded from evidence. Here, the defendant was not advised of any consequences. | |
| Result: | The State dropped the DUI. | |
| Jan 13, 2023 | Case: 22-CT-041834 | Judge Atkin |
| Facts: | The defendant was stopped for driving with no taillights. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. There was an open container of alcohol in the car and the defendant's movements were slow. The defendant also leaned against the car for balance. After performing various field sobriety tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | Due to contradiction between the videotape and the police reports, there was a lack of probable cause to arrest the defendant. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: AEBMKTE | Judge Hessinger |
| Facts: | The defendant was stopped for a tag violation. The officer noticed an odor of alcohol, slurred/slow/mumbled speech, and lethargic movements. The defendant denied drinking any alcohol. She fumbled with her documents and had a flushed face. The officer also noted that she swayed, staggered, and appeared unsteady. After refusing to perform any roadside tests other than HGN (eye test) , she was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The firm pointed out to the State, that on tape, her speech was normal and she was not off balance in any way. She never stumbled, swayed, or fumbled with anything. The State Dropped the Defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: AEBMTKE | Judge Szematowicz |
| Facts: | The defendant was stopped after he pulled out of a strip club parking lot and didn't stop before entering the roadway. Officers immediately stopped him. They observed an odor of alcohol, a dazed expression, and he was slow to answer questions. He swayed while he stood and had bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | The firm took a pretrial deposition of the officer who initiated the traffic stop. After questioning the officer under oath, it was apparent that the lawfulness of the stop was in question due to no traffic or pedestrians being affected. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: A777BEE | Judge Croff |
| Facts: | The defendant was stopped for weaving and driving with no headlights. The officer observed an odor of alcohol, slurred speech, and watery eyes. She performed poorly on roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI and later refused a breath test. | |
| Defense: | After several talks with the prosecutor about the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2023 | Case: 22-CT-015225 | Judge Damico |
| Facts: | Police were called as the defendant's car was stuck in a drainage ditch. The officer noticed an odor of alcohol, red eyes, and she had stated she had consumed a few vodka drinks at the club. She then performed various roadside tests such as the walk and turn, finger to nose, and alphabet. She was then arrested for DUI and later blew a .181 and .167 in the breath machine. | |
| Defense: | After several conversations with the State about the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2023 | Case: 22-CT-008908 | Judge Farr |
| Facts: | The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, droopy eye lids, and a flushed face. He also had bloodshot eyes and appeared unsteady. After performing various roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | Everything the officer wrote was exaggerated and contradicted by the video tape. For example, his speech was not slurred, he was not unsteady, and performed much better on the field sobriety exercises than as described. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2023 | Case: 22-CM-005754 | Judge Farr |
| Facts: | The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, watery/glassy eyes, and he admitted to having drank vodka. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | After several conversations with the State about the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2023 | Case: 22-CT-000997 | Judge C. Wish |
| Facts: | The defendant crashed his car and ended up stuck on top of a concrete barrier. Officers observed the defendant to have an odor of alcohol, glassy/bloodshot eyes, and very slurred speech. The defendant had an unsteady gait. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The firm pointed out to the State that all the defendant's statements on video were taken in violation of his Miranda rights and in violation of the accident report privilege. In addition, the DUI officer asked the defendant to perform a DUI investigation. The defendant kept asking her to explain what that was exactly and she never explained anything. In other words, she never told him she wanted him to specifically do field sobriety tests. In addition, the officers were rude and aggressive on tape for no reason towards the defendant. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Jan 10, 2023 | Case: 22-CT-047984 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/watery eyes. The defendant stated that she had drank two shots and exhibited balance issues. In the middle of the walk and turn exercise, the defendant refused to continue and was arrested for DUI. She later refused the breath test This was the defendant' Second DUI arrest. | |
| Defense: | Many observations written in the reports were contradicted by the videotape. | |
| Result: | The State Dropped the defendant's Second 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.