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

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321.593.0222
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OUR RECENT VICTORIES

Jan 26, 2018 Case: 2017-CT-004525 Judge Hanser
Facts: The defendant crashed her car into a light pole. Upon arriving, the officers observed the defendant to have an odor of alcohol, red eyes, and slow/slurred speech. She stumbled around, began to get very aggressive, was screaming, and was very unstable. Roadside tests were not performed due to her combative behavior. She was then arrested for DUI property damage and later blew a .180 and .187 in the breath machine at the BAT facility.
Defense: After pretrial discussions, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 26, 2018 Case: 2016-CT-047860 Judge Silverman
Facts: The defendant was found passed out in his truck in the parking lot of the bar he had been drinking at that night. The keys were in the ignition, the engine was on, and he was slumped over. The defendant had an odor of alcohol, slurred speech, and poor dexterity. He was slow exiting his truck, slow walking around, and swayed while he stood. He performed very poorly on the field sobriety tests which were videotaped. After his arrest for DUI, he refused the breath test.
Defense: Parks & Braxton announced ready for jury trial. The day before trial, we pointed out to the State that the defendant was not in actual physical control under the jury instruction as he had no capability to operate the truck while he was sleeping. In addition, and even as important, he was doing the right thing by sleeping it off in the parking lot.
Result: The State dropped the DUI.
Jan 26, 2018 Case: 2017-CT-010231 Judge Shepard for Bonavita
Facts: The defendant was involved in a crash. He left the scene and was found by police. He had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking and also had serious facial injuries. He was transported the hospital where he was treated. At the hospital, the officer asked for a blood sample and the defendant refused. He was then arrested for DUI, Leaving the scene of an accident, and Second subsequent refusal to provide breath, blood, and/or urine. This was the defendant's Second DUI. in eight years.
Defense: After a pretrial investigation by the firm, we brought to the State's attention that the defendant left the scene of the crash out of "necessity" because the victims in the accident had beaten him with a baseball bat. That was why his face was swollen and bloody. Those alleged victims were charged with beating him. The State Dropped the defendant's Second DUI and the defendant received No conviction and No penalties. Also, the State dismissed the leaving the scene of an accident charge and also dismissed the refusal charge.
Result: The State dropped the DUI.
Jan 25, 2018 Case: 2017-CF-011818 Judge Lubet
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was sweating profusely. The defendant stated had consumed a couple of drinks and was also observed to be swaying. He performed poorly on the field sobriety tests and was arrested for DUI. The officer also found cocaine on the defendant in a search incident to arrest and he was also charged with felony possession of cocaine. Later on at the BAT facility, he blew a .174 and .174 in the breath machine.
Defense: After pretrial talks with the State, they Dropped the DUI and the defendant received No felony conviction on the possession of cocaine charge.
Result: The State dropped the DUI.
Jan 25, 2018 Case: 2017-CF-011818 Judge Lubet
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was sweating profusely. The defendant stated had consumed a couple of drinks and was also observed to be swaying. He performed poorly on the field sobriety tests and was arrested for DUI. The officer also found cocaine on the defendant in a search incident to arrest and he was also charged with felony possession of cocaine. Later on at the BAT facility, he blew a .174 and .174 in the breath machine.
Defense: After pretrial talks with the State, they Dropped the DUI and the defendant received No felony conviction on the possession of cocaine charge.
Result: The State dropped the DUI.
Jan 24, 2018 Case: A6MLDJE Judge Bedinghaus
Facts: The defendant was first observed by a concerned citizen who saw the defendant stumbling around outside of a bar. That person saw the defendant drive off, he followed the defendant, and then called the police stating that the defendant was weaving all over the road. Upon stopping the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank beers and some rum. The defendant then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .116 and .115 in the breath machine.
Defense: Prior to trial, the firm had discussions with prosecutor and they Dropped the DUI.
Result: The State dropped the DUI.
Jan 24, 2018 Case: A6MLDJE Judge Bedinghaus
Facts: The defendant was first observed by a concerned citizen who saw the defendant stumbling around outside of a bar. That person saw the defendant drive off, he followed the defendant, and then called the police stating that the defendant was weaving all over the road. Upon stopping the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank beers and some rum. The defendant then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .116 and .115 in the breath machine.
Defense: Prior to trial, the firm had discussions with prosecutor and they Dropped the DUI.
Result: The State dropped the DUI.
Jan 17, 2018 Case: 2017-CT-016180 Judge Weis
Facts: The defendant was involved in a rear end crash whereby he was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. He was asked to do field sobriety tests that he refused to perform. He was then arrested for DUI and later refused the breath test.
Defense: After negotiations with the State, we pointed out that the defendant's air bags deployed. Any impairment observed by the officer was due to the accident, and not alcohol. The State Dropped the DUI.
Result: The State dropped the DUI.
Jan 17, 2018 Case: 2017-CT-016180 Judge Weis
Facts: The defendant was involved in a rear end crash whereby he was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. He was asked to do field sobriety tests that he refused to perform. He was then arrested for DUI and later refused the breath test.
Defense: After negotiations with the State, we pointed out that the defendant's air bags deployed. Any impairment observed by the officer was due to the accident, and not alcohol. The State Dropped the DUI.
Result: The State dropped the DUI.
Jan 16, 2018 Case: 2017-CT-014135 Judge Conrad
Facts: The defendant was stopped for speeding and also spinning his tires which caused the car to fishtail. The officer noticed the defendant to have an odor of alcohol, watery/glassy eyes, and he made unusual statements. The defendant denied consuming any alcohol. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was then arrested for DUI and subsequently blew a .093 and .092 in the breath machine.
Defense: Prior to trial, we pointed out to the State that with the .02 margin of error in the breath machine, both results could have been under the legal limit. Also, during the HGN (eyes test), the officer did not obtain an angle of onset prior to 45 degrees. Under Tharpe's formula, that could mean that the defendant had a breath alcohol level under the legal limit at the time of driving when the test was administered.
Result: The State dropped the DUI.
Jan 16, 2018 Case: A75Z3GE Judge Graham
Facts: The defendant was the at fault driver in a rear end crash. He had an odor of alcohol, thick tongued speech, and a flushed face. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant could not make it past the number one without putting his foot down and starting over numerous times. On the walk and turn, he stepped off the line, used his arms for balance, and did not touch heel to toe. He was then arrested for DUI and later blew a .243 and .237 in breath machine. This was the defendant's Second DUI arrest.
Defense: Prior to the trial date, the firm filed a motion to suppress the breath test results. In our motion, we alleged that the breath tests were not in "substantial compliance" with the FDLE rules since one of the two required control tests were out of the acceptable range. Prior to even arguing the motion, and on the day of trial, the State Dropped the DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Jan 16, 2018 Case: A75Z3GE Judge Graham
Facts: The defendant was the at fault driver in a rear end crash. He had an odor of alcohol, thick tongued speech, and a flushed face. The defendant then performed the field sobriety tests. For example, on the one leg stand, the defendant could not make it past the number one without putting his foot down and starting over numerous times. On the walk and turn, he stepped off the line, used his arms for balance, and did not touch heel to toe. He was then arrested for DUI and later blew a .243 and .237 in breath machine. This was the defendant's Second DUI arrest.
Defense: Prior to the trial date, the firm filed a motion to suppress the breath test results. In our motion, we alleged that the breath tests were not in "substantial compliance" with the FDLE rules since one of the two required control tests were out of the acceptable range. Prior to even arguing the motion, and on the day of trial, the State Dropped the DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Jan 16, 2018 Case: 2017-CT-014135 Judge Conrad
Facts: The defendant was stopped for speeding and also spinning his tires which caused the car to fishtail. The officer noticed the defendant to have an odor of alcohol, watery/glassy eyes, and he made unusual statements. The defendant denied consuming any alcohol. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was then arrested for DUI and subsequently blew a .093 and .092 in the breath machine.
Defense: Prior to trial, we pointed out to the State that with the .02 margin of error in the breath machine, both results could have been under the legal limit. Also, during the HGN (eyes test), the officer did not obtain an angle of onset prior to 45 degrees. Under Tharpe's formula, that could mean that the defendant had a breath alcohol level under the legal limit at the time of driving when the test was administered.
Result: The State dropped the DUI.
Jan 12, 2018 Case: 2016-CT-001422 Judge Duckworth
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, slow/slurred/thick tongued speech, and her movements were slow and deliberate. She fumbled with her items upon providing them to the police and could not focus. She performed poorly on the roadside tests and was arrested for DUI. She subsequently refused the breath test.
Defense: Parks & Braxton had pretrial negotiations with the State short of trial. The State Dropped the DUI and she received No criminal conviction at all on her record.
Result: The State dropped the DUI.
Jan 12, 2018 Case: 2016-CT-001422 Judge Duckworth
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, slow/slurred/thick tongued speech, and her movements were slow and deliberate. She fumbled with her items upon providing them to the police and could not focus. She performed poorly on the roadside tests and was arrested for DUI. She subsequently refused the breath test.
Defense: Parks & Braxton had pretrial negotiations with the State short of trial. The State Dropped the DUI and she received No criminal conviction at all on her record.
Result: The State dropped the DUI.
Jan 11, 2018 Case: 17-MM-969AP Judge Trachman
Facts: The defendant was stopped for driving with no headlights. Once stopped, the officer observed the defendant to have an odor of Marijuana, red eyes, and he appeared nervous. The defendant admitted to having smoked pot four hours earlier. He was then asked to participate in field sobriety tests. After doing them, he was arrested for Driving Under the Influence of Marijuana. The officer found Marijuana in the car and the defendant was also charged with possession. He subsequently provided a urine sample which was positive for Marijuana at the FDLE Lab.
Defense: Parks & Braxton pointed out to the State that although he was under the influence of Marijuana, his "normal faculties" were not impaired as the State would need to prove. After many discussions, the State Dismissed the DUI and the defendant received no conviction in his record for the pot charge.
Result: The DUI was dismissed.
Jan 11, 2018 Case: 17-MM-969AP Judge Trachman
Facts: The defendant was stopped for driving with no headlights. Once stopped, the officer observed the defendant to have an odor of Marijuana, red eyes, and he appeared nervous. The defendant admitted to having smoked pot four hours earlier. He was then asked to participate in field sobriety tests. After doing them, he was arrested for Driving Under the Influence of Marijuana. The officer found Marijuana in the car and the defendant was also charged with possession. He subsequently provided a urine sample which was positive for Marijuana at the FDLE Lab.
Defense: Parks & Braxton pointed out to the State that although he was under the influence of Marijuana, his "normal faculties" were not impaired as the State would need to prove. After many discussions, the State Dismissed the DUI and the defendant received no conviction in his record for the pot charge.
Result: The DUI was dismissed.
Jan 9, 2018 Case: 17-CT-042669AXXXXX Judge Atkin
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, bloodshot/glassy eyes, and he spoke with a dry mouth. He admitted to having drank beer. The defendant then performed the HGN (eye test), alphabet, and finger to nose exercises. The one leg stand and walk and turn were not conducted due to the defendant stating he had back issues. He was then arrested for DUI and later refused the breath test.
Defense: Soon after the defendant's arrest, the firm got the defendant's video tape. We pointed out to the State that the officer did not utilize his camera properly and none of the roadside tests were captured on tape. The State agreed to Drop the DUI.
Result: The State dropped the DUI.
Jan 9, 2018 Case: 2016-CT-051754AXXXXX Judge Koenig
Facts: The defendant was stopped for speeding and weaving. The officer observed him to have an odor of alcohol, slow/slurred speech, and he admitted to drinking beers. He also exited the vehicle slowly, walked slowly, and swayed while he stood. According the officer, he did not perform the field sobriety tests to standards and was arrested for DUI.
Result: The State dropped the DUI.
Jan 9, 2018 Case: 16-0022906MU10A Judge Solomon
Facts: The defendant was stopped after his tires struck a curb and his car lost traction. The officer observed the defendant to have an odor of alcohol, red eyes, and he appeared unsteady. The defendant held onto the car for balance after he exited. He then refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform roadside tests because the officer did not advise him of any adverse consequences. The Judge granted the motion and the State later Dropped the DUI. The firm also took a pretrial deposition of the arresting officer whereby his deposition testimony contradicted his police reports. Thus, his credibility was also called into question.
Result: The State dropped the DUI.

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