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

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321.593.0222
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OUR RECENT VICTORIES

Apr 5, 2018 Case: 2017-CT-002237 Judge Vandercar
Facts: The defendant was stopped after swerving in and out of his lanes of travel. The officer observed slightly slurred speech, poor coordination, and a noticeable odor of alcohol. The defendant was unsteady on his feet and swayed while walking. He was then asked to perform field sobriety tests. He performed poorly and was then arrested for DUI. This was the defendant's Second DUI.
Defense: Upon cross examination under oath at the civil administrative hearing, the officer testified that he did not smell an odor of alcohol and concluded that the defendant was impaired by something, but could not state by what chemical or controlled substance as required by Florida law. The officer's credibility was now called into serious question because of his conflicting statements under oath about an odor of alcohol in his police report versus his administrative hearing testimony. The State Dropped the DUI and the defendant received No conviction at all on his record.
Result: The State dropped the DUI.
Apr 4, 2018 Case: 2017-CT-019663 Judge Myers
Facts: The defendant was stopped for driving at slow speeds and stopping inappropriately. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant leaned on the car for balance and gave inconsistent answers. He then refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: The firm announced ready for trial. During pretrial negotiations, the defense pointed out that on tape the defendant's speech was not slurred, he answered the officer's questions, and he was not leaning against the car for balance. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 4, 2018 Case: 2017-CT-019663 Judge Myers
Facts: The defendant was stopped for driving at slow speeds and stopping inappropriately. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant leaned on the car for balance and gave inconsistent answers. He then refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Defense: The firm announced ready for trial. During pretrial negotiations, the defense pointed out that on tape the defendant's speech was not slurred, he answered the officer's questions, and he was not leaning against the car for balance. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 28, 2018 Case: 16-011717CF10A Judge Merrigan
Facts: The defendant was involved in a crash with a pedestrian, causing serious bodily injury. He subsequently left the scene. Two individuals who witnessed the crash attempted to stop the defendant from leaving the scene. He was eventually located a few miles away from the accident. The officers observed a strong odor of alcohol, slurred speech, a flushed face as well as bloodshot eyes. The defendant subsequently performed poorly on the walk and turn as well as the one leg stand tests and was arrested for DUI Serious Bodily Injury, Leaving the Scene of a Crash Causing Serious Bodily Injury, DUI Causing Property Damage and DUI. His blood alcohol level was a .115. The defendant was facing 22 years in state prison.
Defense: Parks & Braxton took the deposition of all 15 witnesses. Despite the lack of photographs, an independent investigation in conjunction with the officers testimony in deposition revealed skid marks. Ultimately, the defense was able to prove that the defendant was not the cause or contributing factor of the accident. As a result, the State dismissed both the felony DUI serious bodily injury count as well as the DUI causing property damage count. The defendant went to veteran's court on the felony leaving the scene of a crash causing serious bodily injury which will result in a dismissal and will ultimately do probation for a second degree misdemeanor.
Result: The DUI was dismissed.
Mar 28, 2018 Case: 2016-CF-009638 Judge Colbath (JURY TRIAL)
Facts: The defendant was stopped after he ran a red light and was weaving in and out of his lane of travel. He did not pull over immediately and drove on the grass before stopping. Officers noticed the defendant to have blood shot eyes, an odor of alcohol, and heavily slurred and mumbled speech. The defendant had difficulty completing sentences and complete thoughts. Once out of the car, he swayed while he stood, he admitted to drinking, and the officers also noticed four beer cans in the car. The defendant then performed the field sobriety tests on video tape. He was subsequently arrested for DUI. He later refused the breath test. This was the defendant's Third DUI within ten years and the State charged him with Felony DUI.
Defense: Parks & Braxton, along with co-counsel, announced ready for Jury trial. At jury trial, the firm attacked the two officers' credibility as much of the their testimony contradicted the video tape and each other. Also, the defendant testified that he was not impaired, that the officers were exaggerating his level of impairment, and lying about the extent of his weaving. We also argued that the officers were lying about the beer cans in the car as nothing was placed into evidence and no pictures were taken of them. The Jury found the defendant Not Guilty. It should be noted, the firm represented this same defendant on his last DUI a few years back and that DUI was Dismissed. Otherwise, this would have been his Fourth DUI, not his Third.
Result: The Jury found the defendant NOT GUILTY.
Mar 28, 2018 Case: 17-011425MU10A Judge Solomon
Facts: The defendant was observed asleep in a vehicle that was occupying the middle of the road. When the police approached the car, they noticed a white powdery substance on the defendant's nose. In addition, the officers observed an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking four beers. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI.
Defense: Despite the fact that the defendant had consumed both cocaine as well as alcohol, it was still incumbent on the part of the prosecutor to prove that his normal faculties were impaired. The video contradicted a fair amount of the officer's sworn affidavit.
Result: The State dropped the DUI.
Mar 28, 2018 Case: 17-011425MU10A Judge Solomon
Facts: The defendant was observed asleep in a vehicle that was occupying the middle of the road. When the police approached the car, they noticed a white powdery substance on the defendant's nose. In addition, the officers observed an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking four beers. The defendant agreed to perform field sobriety tests and was subsequently arrested for DUI.
Defense: Despite the fact that the defendant had consumed both cocaine as well as alcohol, it was still incumbent on the part of the prosecutor to prove that his normal faculties were impaired. The video contradicted a fair amount of the officer's sworn affidavit.
Result: The State dropped the DUI.
Mar 28, 2018 Case: 16-011717CF10A Judge Merrigan
Facts: The defendant was involved in a crash with a pedestrian, causing serious bodily injury. He subsequently left the scene. Two individuals who witnessed the crash attempted to stop the defendant from leaving the scene. He was eventually located a few miles away from the accident. The officers observed a strong odor of alcohol, slurred speech, a flushed face as well as bloodshot eyes. The defendant subsequently performed poorly on the walk and turn as well as the one leg stand tests and was arrested for DUI Serious Bodily Injury, Leaving the Scene of a Crash Causing Serious Bodily Injury, DUI Causing Property Damage and DUI. His blood alcohol level was a .115. The defendant was facing 22 years in state prison.
Defense: Parks & Braxton took the deposition of all 15 witnesses. Despite the lack of photographs, an independent investigation in conjunction with the officers testimony in deposition revealed skid marks. Ultimately, the defense was able to prove that the defendant was not the cause or contributing factor of the accident. As a result, the State dismissed both the felony DUI serious bodily injury count as well as the DUI causing property damage count. The defendant went to veteran's court on the felony leaving the scene of a crash causing serious bodily injury which will result in a dismissal and will ultimately do probation for a second degree misdemeanor.
Result: The DUI was dismissed.
Mar 28, 2018 Case: 2016-CF-009638 Judge Colbath (JURY TRIAL)
Facts: The defendant was stopped after he ran a red light and was weaving in and out of his lane of travel. He did not pull over immediately and drove on the grass before stopping. Officers noticed the defendant to have blood shot eyes, an odor of alcohol, and heavily slurred and mumbled speech. The defendant had difficulty completing sentences and complete thoughts. Once out of the car, he swayed while he stood, he admitted to drinking, and the officers also noticed four beer cans in the car. The defendant then performed the field sobriety tests on video tape. He was subsequently arrested for DUI. He later refused the breath test. This was the defendant's Third DUI within ten years and the State charged him with Felony DUI.
Defense: Parks & Braxton, along with co-counsel, announced ready for Jury trial. At jury trial, the firm attacked the two officers' credibility as much of the their testimony contradicted the video tape and each other. Also, the defendant testified that he was not impaired, that the officers were exaggerating his level of impairment, and lying about the extent of his weaving. We also argued that the officers were lying about the beer cans in the car as nothing was placed into evidence and no pictures were taken of them. The Jury found the defendant Not Guilty. It should be noted, the firm represented this same defendant on his last DUI a few years back and that DUI was Dismissed. Otherwise, this would have been his Fourth DUI, not his Third.
Result: The Jury found the defendant NOT GUILTY.
Mar 20, 2018 Case: A6MLJKE Judge Bedinghaus
Facts: The defendant was stopped for weaving, speeding up and slowing down, and stopping over the stop bar. The officer noticed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI after her performance and later refused the breath test.
Defense: Prior to trial, we pointed out out to the State, that it was clear on video tape that the defendant was the proverbial "guinea pig" so a new officer in training can learn how to do a DUI. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 20, 2018 Case: A6MM7OE Judge Bedinghaus
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed the defendant to have an odor of alcohol and blood shot eyes. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: An officer must have probable cause to believe that a defendant was "impaired" in order to arrest a defendant for DUI. Under the case law, and under the facts of this case, we pointed out to the State in pretrial talks that there was no probable cause.
Result: The State dropped the DUI.
Mar 20, 2018 Case: A6MM6YE Judge Bedinghaus
Facts: The defendant was stopped for speeding. Upon contact, the officer observed an odor of alcohol and glassy/glazed eyes. The defendant swayed as he stood and he admitted to consuming three beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .105 and .102 in the breath machine.
Defense: On video, the defendant's performance on the field sobriety tests contradicted the officer's description in the police reports. Prior to trial, and after negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 20, 2018 Case: A6MM7OE Judge Bedinghaus
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed the defendant to have an odor of alcohol and blood shot eyes. The defendant refused to perform the roadside tests and was arrested for DUI. He later refused the breath test.
Defense: An officer must have probable cause to believe that a defendant was "impaired" in order to arrest a defendant for DUI. Under the case law, and under the facts of this case, we pointed out to the State in pretrial talks that there was no probable cause.
Result: The State dropped the DUI.
Mar 20, 2018 Case: A6MM6YE Judge Bedinghaus
Facts: The defendant was stopped for speeding. Upon contact, the officer observed an odor of alcohol and glassy/glazed eyes. The defendant swayed as he stood and he admitted to consuming three beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .105 and .102 in the breath machine.
Defense: On video, the defendant's performance on the field sobriety tests contradicted the officer's description in the police reports. Prior to trial, and after negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 20, 2018 Case: A6MLJKE Judge Bedinghaus
Facts: The defendant was stopped for weaving, speeding up and slowing down, and stopping over the stop bar. The officer noticed the defendant to have an odor of alcohol, a flushed face, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI after her performance and later refused the breath test.
Defense: Prior to trial, we pointed out out to the State, that it was clear on video tape that the defendant was the proverbial "guinea pig" so a new officer in training can learn how to do a DUI. The State Dropped the DUI.
Result: The State dropped the DUI.
Mar 15, 2018 Case: 2016-CT-002094 Judge Shoemaker
Facts: The defendant was the at fault drive in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, an orbital sway, and she admitted to having drank wine. Due to injuries sustained by the defendant in the crash, she only performed the HGN (eye test). She was then transported to the hospital. The defendant provided an blood sample to the police. A blood alcohol toxicology report revealed results of .120 and .120. Once the blood was analyzed and the officer received the FDLE results, the defendant was subsequently charged by the State with DUI.
Defense: Parks & Braxton pointed out to the State that the blood was illegally drawn by the officer. First, the officer who requested blood was outside his jurisdiction. Thus he had no authority to even order a blood draw. Additionally, the officer unlawfully coerced her into consenting to provided a blood sample by telling her that her driver's license will be suspended. Finally, the officer used the wrong documents required by FDLE when conducting a blood draw.
Result: The DUI was dismissed.
Mar 15, 2018 Case: 2016-CT-002094 Judge Shoemaker
Facts: The defendant was the at fault drive in a rear end crash. When officers arrived, they observed the defendant to have an odor of alcohol, an orbital sway, and she admitted to having drank wine. Due to injuries sustained by the defendant in the crash, she only performed the HGN (eye test). She was then transported to the hospital. The defendant provided an blood sample to the police. A blood alcohol toxicology report revealed results of .120 and .120. Once the blood was analyzed and the officer received the FDLE results, the defendant was subsequently charged by the State with DUI.
Defense: Parks & Braxton pointed out to the State that the blood was illegally drawn by the officer. First, the officer who requested blood was outside his jurisdiction. Thus he had no authority to even order a blood draw. Additionally, the officer unlawfully coerced her into consenting to provided a blood sample by telling her that her driver's license will be suspended. Finally, the officer used the wrong documents required by FDLE when conducting a blood draw.
Result: The DUI was dismissed.
Mar 9, 2018 Case: 2018-CT-000545 Judge Shepherd
Facts: The defendant was spotted by the police late at night, behind closed businesses. The officer turned on his overhead lights and stopped the defendant to find out what was going on and why he was back there. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred speech. A bottle of wine was found in the car. When the defendant stepped out of the car, he was very off balance and stumbling. The defendant performed very poorly on the roadside tasks and was arrested for DUI. He subsequently refused the breath test.
Defense: Parks & Braxton brought to the State's attention the case law on illegal traffic stops when someone is simply behind a closed business late at night. In order to stop someone, there must either be probable cause that the defendant committed a traffic infraction and/or there must reasonable suspicion of crime. Here there was neither. Thus, the traffic stop was unlawful. The DUI was Dismissed.
Result: The DUI was dismissed.
Mar 9, 2018 Case: 2017-MM-022576AXXXXX Judge Silverman
Facts: The defendant rear ended another car in the drive thru lane of a McDonalds. The defendant was observed by the police to have a strong odor of alcohol, slow speech, and glassy eyes. The person he crashed into stated to the police that the defendant had stumbled out the car. The defendant then performed the field sobriety tests on video tape. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. A search incident to arrest revealed marijuana in the defendant's car for which he was later charged with possession. He subsequently refused the breath test.
Defense: Prior to trial, the defendant filed a motion to sever the DUI charge from the Possession charge. During discussions prior the motion, the firm pointed out to the State that the officer's reports exaggerated the defendant's alleged impairment on his performance on the field sobriety tests versus what was depicted on tape. The State Dropped the DUI and the defendant received No conviction on the possession charge.
Result: The State dropped the DUI.
Mar 9, 2018 Case: 2018-CT-000545 Judge Shepherd
Facts: The defendant was spotted by the police late at night, behind closed businesses. The officer turned on his overhead lights and stopped the defendant to find out what was going on and why he was back there. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred speech. A bottle of wine was found in the car. When the defendant stepped out of the car, he was very off balance and stumbling. The defendant performed very poorly on the roadside tasks and was arrested for DUI. He subsequently refused the breath test.
Defense: Parks & Braxton brought to the State's attention the case law on illegal traffic stops when someone is simply behind a closed business late at night. In order to stop someone, there must either be probable cause that the defendant committed a traffic infraction and/or there must reasonable suspicion of crime. Here there was neither. Thus, the traffic stop was unlawful. The DUI was Dismissed.
Result: The DUI was dismissed.

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