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

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321.593.0222
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OUR RECENT VICTORIES

Jan 9, 2018 Case: 17-CT-029412AXXXXX Judge Koenig
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he was unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. There was no video tape. He was subsequently arrested for DUI and later blew a .109 and .107 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State. They then agreed to Drop the DUI.
Result: The State dropped the DUI.
Jan 9, 2018 Case: 16-001350MU10A Judge Brown
Facts: The defendant was stopped after a caller dialed 911 stating that the defendant was driving all over the road. When the officer pulled in behind her, he observed her slowing down then speeding up. Upon activating his overhead lights, the defendant did not pull over immediately. Once stopped, the officer drew his gun and ordered her out of the car. He then observed her to have an odor of alcohol, slurred speech, and red/glossy eyes. She then performed the field sobriety tests. For example, on the one leg stand, she stopped the exercise numerous times, used her arms for balance, and stopped counting. On the walk and turn, she stepped off the line numerous times, used her arms for balance, and took an incorrect number of steps. She was then arrested for DUI.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer. After taking his sworn testimony, the firm filed an pretrial motion to suppress for an unlawful stop. Also, the firm filed another motion to suppress, alleging in our motion that the defendant was unlawfully ordered out of her car and unlawfully detained at gun point. The firm won the motions and and all of the evidence was thrown out. The DUI was then Dismissed.
Result: The DUI was dismissed.
Jan 9, 2018 Case: 16-001350MU10A Judge Brown
Facts: The defendant was stopped after a caller dialed 911 stating that the defendant was driving all over the road. When the officer pulled in behind her, he observed her slowing down then speeding up. Upon activating his overhead lights, the defendant did not pull over immediately. Once stopped, the officer drew his gun and ordered her out of the car. He then observed her to have an odor of alcohol, slurred speech, and red/glossy eyes. She then performed the field sobriety tests. For example, on the one leg stand, she stopped the exercise numerous times, used her arms for balance, and stopped counting. On the walk and turn, she stepped off the line numerous times, used her arms for balance, and took an incorrect number of steps. She was then arrested for DUI.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer. After taking his sworn testimony, the firm filed an pretrial motion to suppress for an unlawful stop. Also, the firm filed another motion to suppress, alleging in our motion that the defendant was unlawfully ordered out of her car and unlawfully detained at gun point. The firm won the motions and and all of the evidence was thrown out. The DUI was then Dismissed.
Result: The DUI was dismissed.
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.
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: 17-CT-029412AXXXXX Judge Koenig
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he was unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. There was no video tape. He was subsequently arrested for DUI and later blew a .109 and .107 in the breath machine.
Defense: Parks & Braxton had pretrial negotiations with the State. They then 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.
Dec 18, 2017 Case: 14-041218MU10A Judge Evans
Facts: The defendant was stopped for running a solid red arrow light. The stopping officer observed signs of impairment and called for a DUI unit. The officer who arrived, observed the defendant to have an odor of alcohol, slurred speech, and he was unsteady. His eyes were glassy and bloodshot and he had trouble answering simple questions. The defendant agreed to perform the HGN (eye test) then refused all further field sobriety tests. He was then arrested for DUI. He later refused the breath test. The defendant was also criminally charged with a second or subsequent refusal to provide a breath test. It should be noted, this was the Defendant's SEVENTH DUI Arrest.
Defense: Parks & Braxton took pretrial depositions of the two officers. Each officer gave conflicting sworn statements about their observations. Thus, both of the officers’ credibility were now called into question. In addition, the firm filed a motion to exclude the defendant's refusal to perform the field sobriety tests because the officer did not to advise him of any adverse consequences for refusing. The Judge then excluded the refusal based on the case law provided by the defense. After reading the two depositions and knowing that the refusal was excluded, the State then Dropped the Defendant's Seventh DUI.
Result: The State dropped the DUI.
Dec 18, 2017 Case: 14-041218MU10A Judge Evans
Facts: The defendant was stopped for running a solid red arrow light. The stopping officer observed signs of impairment and called for a DUI unit. The officer who arrived, observed the defendant to have an odor of alcohol, slurred speech, and he was unsteady. His eyes were glassy and bloodshot and he had trouble answering simple questions. The defendant agreed to perform the HGN (eye test) then refused all further field sobriety tests. He was then arrested for DUI. He later refused the breath test. The defendant was also criminally charged with a second or subsequent refusal to provide a breath test. It should be noted, this was the Defendant's SEVENTH DUI Arrest.
Defense: Parks & Braxton took pretrial depositions of the two officers. Each officer gave conflicting sworn statements about their observations. Thus, both of the officers’ credibility were now called into question. In addition, the firm filed a motion to exclude the defendant's refusal to perform the field sobriety tests because the officer did not to advise him of any adverse consequences for refusing. The Judge then excluded the refusal based on the case law provided by the defense. After reading the two depositions and knowing that the refusal was excluded, the State then Dropped the Defendant's Seventh DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-011212 Judge Eissey
Facts: The defendant was stopped because her taillights were not functioning. Upon making contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. She admitted to having consumed whiskey, was stumbling, and was off balance. She then performed poorly the roadside tasks and was arrested for DUI. She later blew a. 134 and .131 in the breath machine.
Defense: After pre trial negotiations, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: A6MM10E Judge Vacarro
Facts: A Tampa police officer was summoned, while sitting in traffic, by civilians that the defendant and another individual were fighting. The officer was on his way to work and was in Clearwater. The officer got out of his car and saw the fight in the street. Upon breaking up the fight, he observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant swayed while he stood and admitted drinking vodka. That officer then called for a Clearwater police officer as it was their jurisdiction. Upon arrival, the defendant was then asked to perform field sobriety tests to which he refused. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion we alleged that under Florida Statute 910.15, when there is no crash, an officer must observe every element of a misdemeanor crime for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction, thus he was considered a civilian. The Clearwater officer never saw the defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior to the motion hearing, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-012415 Judge Bryson
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. His face was flushed and he admitted to consuming three drinks. According to the officer, he failed the walk and turn, one leg stand and HGN (eye test) tests and was arrested for DUI. After his arrest, he blew a .094 and .091.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's breath test results under the legal limit. Also, there was no video tape at the scene and the officer did not write any specific details outlining the defendant's performance on the field sobriety tests. The State then Dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-011212 Judge Eissey
Facts: The defendant was stopped because her taillights were not functioning. Upon making contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. She admitted to having consumed whiskey, was stumbling, and was off balance. She then performed poorly the roadside tasks and was arrested for DUI. She later blew a. 134 and .131 in the breath machine.
Defense: After pre trial negotiations, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-012415 Judge Bryson
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. His face was flushed and he admitted to consuming three drinks. According to the officer, he failed the walk and turn, one leg stand and HGN (eye test) tests and was arrested for DUI. After his arrest, he blew a .094 and .091.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's breath test results under the legal limit. Also, there was no video tape at the scene and the officer did not write any specific details outlining the defendant's performance on the field sobriety tests. The State then Dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: A6MM10E Judge Vacarro
Facts: A Tampa police officer was summoned, while sitting in traffic, by civilians that the defendant and another individual were fighting. The officer was on his way to work and was in Clearwater. The officer got out of his car and saw the fight in the street. Upon breaking up the fight, he observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant swayed while he stood and admitted drinking vodka. That officer then called for a Clearwater police officer as it was their jurisdiction. Upon arrival, the defendant was then asked to perform field sobriety tests to which he refused. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion we alleged that under Florida Statute 910.15, when there is no crash, an officer must observe every element of a misdemeanor crime for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction, thus he was considered a civilian. The Clearwater officer never saw the defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior to the motion hearing, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 14, 2017 Case: 2017-CT-006068 Judge Valkenburg
Facts: The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi.
Defense: Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol.
Result: The State dropped the DUI.
Dec 14, 2017 Case: 2017-CT-006068 Judge Valkenburg
Facts: The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi.
Defense: Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol.
Result: The State dropped the DUI.
Dec 13, 2017 Case: 2015-CT-000456 Judge Bell
Facts: The defendant was stopped for driving without headlights on. Once stopped, the officer observed the defendant to have an odor of alcohol, an odor of marijuana, bloodshot/glassy eyes, and slurred speech. The defendant admitted to consuming Vodka and he also had an orbital sway. He then performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .199 and .195 in the breath machine.
Defense: After pretrial negotiations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 13, 2017 Case: 2017-CT-000754 Judge McGarity
Facts: The defendant was stopped for driving without his seat belt. The officer noticed an odor of alcohol and thick tongued speech. The defendant admitted to drinking 3 beers. An open cold beer was found in the car, along with closed beer cans. He refused to perform the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton had many pretrial discussions with the State prior to trial.
Result: The State dropped the DUI.
Dec 13, 2017 Case: 2015-CT-000456 Judge Bell
Facts: The defendant was stopped for driving without headlights on. Once stopped, the officer observed the defendant to have an odor of alcohol, an odor of marijuana, bloodshot/glassy eyes, and slurred speech. The defendant admitted to consuming Vodka and he also had an orbital sway. He then performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .199 and .195 in the breath machine.
Defense: After pretrial negotiations with the State, they Dropped the DUI.
Result: The State dropped the DUI.

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