Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

ALSO SERVING VOLUSIA COUNTY (DAYTONA)
Local
321.593.0222
Call 24/7 Nights, Weekends & Holidays
Free Consultations
ALSO SERVING VOLUSIA COUNTY (DAYTONA)
Local
321.593.0222
Call 24/7 Nights, Weekends & Holidays
Free Consultations
Call
Email
Map

OUR RECENT VICTORIES

Jul 18, 2018 Case: 2018-CT-018768 Judge Silverman
Facts: The defendant was stopped for crossing over the center lane divider into oncoming traffic. The officer noticed the defendant to have an odor of alcohol, a slight slur to his speech, and red/glassy eyes. The defendant fumbled with his documents and his manipulation was slow. He also stumbled and tripped on his feet. He then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .102 and .098 in the breath machine.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to point out that one of the defendant's breath alcohol results could have been under the legal limit. Also, the videotape contradicted the officer's reports as to many things. For example, the defendant never tripped or stumbled and his speech was not slurred. Also, the extent of alleged impairment on the field sobriety tests as written in the reports was contracted by the tape.
Result: The State dropped the DUI.
Jul 9, 2018 Case: 2018-CT-001034 Judge Grosshans
Facts: The defendant was the at fault driver in a traffic crash. When officers arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and he was very off balance. He admitted to consuming some drinks at a bar. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew. a .208 and .191 in the breath machine.
Defense: Parks and Braxton raised the issue of a 316.645 violation. Specifically, the procedures surrounding a crash followed by a DUI arrest were not in compliance.
Result: The State dropped the DUI.
Jul 9, 2018 Case: 2017-CT-001618 Judge Grosshans
Facts: The defendant was stopped for speeding and weaving. Officers observed the defendant to have an odor of alcohol, red eyes, and a slur to his speech. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: It was clear from the tapes that the defendant's performance on the field sobriety tests was as easily attributable to his weight and physical ailments versus alcohol. This was discussed with the State prior to trial.
Result: The State dropped the DUI.
Jul 9, 2018 Case: 1909-XDZ Judge Newman
Facts: The defendant was found passed out in his car. Officers observed him to have slurred speech, a flushed face, blood shot eyes, and he appeared incoherent. The defendant admitted to having taken numerous medications. He was arrested for DUI after performing the field sobriety tests. The defendant was asked for a urine sample and he refused.
Defense: Under Florida law (Statute 316.193), the State must prove which "specific" chemical and/or controlled substance was impairing the defendant. Here, after we filed a motion for statement of particulars, the State could not give a response. On the day of trial, the DUI was Dismissed.
Result: The DUI was dismissed.
Jul 9, 2018 Case: 2018-CT-001034 Judge Grosshans
Facts: The defendant was the at fault driver in a traffic crash. When officers arrived, they noticed the defendant to have an odor of alcohol, thick tongued speech, and he was very off balance. He admitted to consuming some drinks at a bar. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew. a .208 and .191 in the breath machine.
Defense: Parks and Braxton raised the issue of a 316.645 violation. Specifically, the procedures surrounding a crash followed by a DUI arrest were not in compliance.
Result: The State dropped the DUI.
Jul 9, 2018 Case: 2017-CT-001618 Judge Grosshans
Facts: The defendant was stopped for speeding and weaving. Officers observed the defendant to have an odor of alcohol, red eyes, and a slur to his speech. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: It was clear from the tapes that the defendant's performance on the field sobriety tests was as easily attributable to his weight and physical ailments versus alcohol. This was discussed with the State prior to trial.
Result: The State dropped the DUI.
Jul 9, 2018 Case: 1909-XDZ Judge Newman
Facts: The defendant was found passed out in his car. Officers observed him to have slurred speech, a flushed face, blood shot eyes, and he appeared incoherent. The defendant admitted to having taken numerous medications. He was arrested for DUI after performing the field sobriety tests. The defendant was asked for a urine sample and he refused.
Defense: Under Florida law (Statute 316.193), the State must prove which "specific" chemical and/or controlled substance was impairing the defendant. Here, after we filed a motion for statement of particulars, the State could not give a response. On the day of trial, the DUI was Dismissed.
Result: The DUI was dismissed.
Jun 26, 2018 Case: 18-CT-00068 Judge Everett
Facts: The defendant was stopped for driving the wrong way. The defendant had an odor of alcohol, slurred/mumbled speech, and he stated he had drank 3 to 4 beers and also smoked pot earlier in the day. The defendant denied being drunk and refused to perform field sobriety tests. He was then arrested for DUI. The search incident to arrest of the defendant's vehicle revealed marijuana and paraphernalia.
Defense: It was evident from the discovery that the only reason the defendant was arrested for DUI was because he was refusing to perform roadside tests and cooperate, not because the police had probable cause. The State Dropped the DUI and he received no convictions for the possession of pot and paraphernalia charges.
Result: The State dropped the DUI.
Jun 26, 2018 Case: 18-CT-00068 Judge Everett
Facts: The defendant was stopped for driving the wrong way. The defendant had an odor of alcohol, slurred/mumbled speech, and he stated he had drank 3 to 4 beers and also smoked pot earlier in the day. The defendant denied being drunk and refused to perform field sobriety tests. He was then arrested for DUI. The search incident to arrest of the defendant's vehicle revealed marijuana and paraphernalia.
Defense: It was evident from the discovery that the only reason the defendant was arrested for DUI was because he was refusing to perform roadside tests and cooperate, not because the police had probable cause. The State Dropped the DUI and he received no convictions for the possession of pot and paraphernalia charges.
Result: The State dropped the DUI.
Jun 25, 2018 Case: 2018-CT-001399 Judge Cameron
Facts: The defendant crashed his car into a giant palm tree. When police arrived, they saw the car up on a curb and up against the tree. The defendant was observed to have an odor of alcohol, slurred/mumbled speech, and he was off balance, staggering, and unsteady. The defendant was asked to perform field sobriety tests to which he complied. He performed very poorly and even stated "I am intoxicated." He was then arrested for DUI.
Defense: In order to arrest someone for DUI, there must be probable cause. Here, the investigating officer didn't make any personal observations and relied on another officer's upon arriving. He then immediately went up to the defendant within seconds and asked him to perform the roadside tasks. When the defendant initially said no, he was immediately cuffed and told he was under arrest. He then stated he would do them and was subsequently uncuffed. However, due to the initial illegality of cuffing the defendant without probable cause, all the evidence would have been thrown out including the field sobriety tests, observations, and statements. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jun 25, 2018 Case: 2018-CT-001399 Judge Cameron
Facts: The defendant crashed his car into a giant palm tree. When police arrived, they saw the car up on a curb and up against the tree. The defendant was observed to have an odor of alcohol, slurred/mumbled speech, and he was off balance, staggering, and unsteady. The defendant was asked to perform field sobriety tests to which he complied. He performed very poorly and even stated "I am intoxicated." He was then arrested for DUI.
Defense: In order to arrest someone for DUI, there must be probable cause. Here, the investigating officer didn't make any personal observations and relied on another officer's upon arriving. He then immediately went up to the defendant within seconds and asked him to perform the roadside tasks. When the defendant initially said no, he was immediately cuffed and told he was under arrest. He then stated he would do them and was subsequently uncuffed. However, due to the initial illegality of cuffing the defendant without probable cause, all the evidence would have been thrown out including the field sobriety tests, observations, and statements. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jun 22, 2018 Case: 2017-CT-003998CTAXWS Judge Poblick
Facts: The defendant was stopped for swerving and straddling the lane markers. Officers observed the defendant to have an odor of alcohol and watery/glassy eyes. The defendant stated she had drank 2 to 3 beers. Her coordination and listening ability were fair. She then performed the field sobriety tests and was subsequently arrested for DUI. She later refused the breath test.
Defense: It was apparent that the description the officers wrote about the defendant's level of impairment was contradicted by the video tape. The State Dropped the DUI and the defendant received No Conviction at all on her record.
Result: The State dropped the DUI.
Jun 22, 2018 Case: 2017-CT-020592 Judge Hanser
Facts: The defendant was stopped for a defective tail light. Officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank 2 beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .192 and .183 in the breath machine.
Defense: The firm brought information forward that the tail light was not defective. We argued that if the traffic stop was unlawful, all the evidence would have been thrown out.
Result: The State dropped the DUI.
Jun 22, 2018 Case: 2017-CT-003998CTAXWS Judge Poblick
Facts: The defendant was stopped for swerving and straddling the lane markers. Officers observed the defendant to have an odor of alcohol and watery/glassy eyes. The defendant stated she had drank 2 to 3 beers. Her coordination and listening ability were fair. She then performed the field sobriety tests and was subsequently arrested for DUI. She later refused the breath test.
Defense: It was apparent that the description the officers wrote about the defendant's level of impairment was contradicted by the video tape. The State Dropped the DUI and the defendant received No Conviction at all on her record.
Result: The State dropped the DUI.
Jun 22, 2018 Case: 2017-CT-020592 Judge Hanser
Facts: The defendant was stopped for a defective tail light. Officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank 2 beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .192 and .183 in the breath machine.
Defense: The firm brought information forward that the tail light was not defective. We argued that if the traffic stop was unlawful, all the evidence would have been thrown out.
Result: The State dropped the DUI.
Jun 18, 2018 Case: 16-024677MU10A Judge M. Brown
Facts: The defendant was involved in a one car crash on the highway. Upon arrival, the the officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant agreed to perform the walk and turn, one leg stand as well as the HGN (eye test) exercises. The officer stated that the defendant was unable to walk a straight line or keep her foot up during the sobriety tests. All tests were supposedly captured on video. The defendant was arrested for DUI.
Defense: Upon receipt of the evidence, it was clear that there was a malfunction regarding the video equipment. Counsel argued that any evidence that would have been captured on video should be excluded.
Result: The State dropped the DUI.
Jun 18, 2018 Case: 16-024677MU10A Judge M. Brown
Facts: The defendant was involved in a one car crash on the highway. Upon arrival, the the officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant agreed to perform the walk and turn, one leg stand as well as the HGN (eye test) exercises. The officer stated that the defendant was unable to walk a straight line or keep her foot up during the sobriety tests. All tests were supposedly captured on video. The defendant was arrested for DUI.
Defense: Upon receipt of the evidence, it was clear that there was a malfunction regarding the video equipment. Counsel argued that any evidence that would have been captured on video should be excluded.
Result: The State dropped the DUI.
Jun 15, 2018 Case: 2017-CT-052281AXXXXX Judge Atkin
Facts: The defendant was found inside his car at a bar parking lot. Attention was drawn to his vehicle because his car alarm was going off. When the officer went to the car, the defendant was trying to get the alarm to turn off. Officers observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed and his movements were slow. He admitted to consuming several beers earlier in the night. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense: Officers had no reasonable suspicion of a crime to order the defendant to roll down his windows prior to making any DUI observations. Thus, all of the evidence that was gathered after he was ordered to roll down his windows was illegally obtained.
Result: The State dropped the DUI.
Jun 15, 2018 Case: 2017-CT-052281AXXXXX Judge Atkin
Facts: The defendant was found inside his car at a bar parking lot. Attention was drawn to his vehicle because his car alarm was going off. When the officer went to the car, the defendant was trying to get the alarm to turn off. Officers observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed and his movements were slow. He admitted to consuming several beers earlier in the night. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense: Officers had no reasonable suspicion of a crime to order the defendant to roll down his windows prior to making any DUI observations. Thus, all of the evidence that was gathered after he was ordered to roll down his windows was illegally obtained.
Result: The State dropped the DUI.
Jun 13, 2018 Case: 2018-CT-000650 Judge Shoemaker
Facts: The defendant was found passed out in his car by an officer. Upon awaking the defendant, the officer observed an odor of alcohol, slurred speech, and he stumbled while he stood. His eyes were bloodshot and his mouth as dry and pasty. He performed poorly on the field sobriety tests and was arrested for DUI.
Defense: Parks & Braxton announced ready for trial. Given the fact that the defendant was sleeping behind the wheel of the vehicle, there was a question as to whether the defendant was in actual physical control of a motor vehicle. On the day of trial, the State dropped the DUI.
Result: On the day of trial, the State Dropped the DUI and the defendant received no conviction at all on his record.

OBTAIN IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.
Offices Located Throughout the State of Florida