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

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OUR RECENT VICTORIES

Oct 2, 2017 Case: 2017-CT-005773 Judge Drake
Facts: The defendant was found passed out in the driver's seat of his car. The car was parked in a parking space in the parking lot of the restaurant he had just ate at. The officer who found the defendant, noticed a pile of vomit outside his car. After the officer knocked on the window, the defendant stepped out of the car. The officer noticed an odor of alcohol and other signs of impairment so he called for a DUI unit. That officer made similar DUI observations including slurred speech and bloodshot eyes. The defendant also admitted to having consumed at least 5 drinks. He then performed the field sobriety tests. He performed poorly on video and was arrested for DUI . After his arrest, he refused the breath test.
Defense: Under Florida law, a person who is actual physical control must have the "capability" to operate that vehicle. Here, the defendant had the keys to the rental car in his pocket according to the first officer. The DUI officer, on tape, kept trying to tell the defendant that the other officer told him that the engine was on and the keys were in the ignition. That was a lie as the first officer overheard it and even came over and told him the keys were not in the engine. Thus, the arresting officer's credibility was clearly called into question. In addition, the defendant had "no capability" of operating that vehicle while not only sleeping, but the keys were in his pocket. The State Dropped the DUI and the defendant received NO conviction at all on his record.
Result: The State dropped the DUI.
Sep 28, 2017 Case: 16-022258MU10A Judge Levy
Facts: The defendant was stopped for straddling the lane markers, weaving, and driving under the speed limit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he seemed disoriented. He also observed watery eyes and the defendant had trouble finding his documents. The defendant was unsteady and staggered. He then performed the roadside tests very poorly and was arrested for DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime, to lawfully stop the defendant. Upon cross examination of the motion by the defense, the officer could not provide any specifics as to the driving pattern, such as how many time the defendant allegedly weaved and straddled the lane markers. After hearing the testimony and reviewing the case law, the Judge granted the motion and threw out all the evidence. The State then Dismissed the DUI.
Result: The DUI was dismissed.
Sep 28, 2017 Case: 16-022258MU10A Judge Levy
Facts: The defendant was stopped for straddling the lane markers, weaving, and driving under the speed limit. The officer noticed the defendant to have an odor of alcohol, slurred speech, and he seemed disoriented. He also observed watery eyes and the defendant had trouble finding his documents. The defendant was unsteady and staggered. He then performed the roadside tests very poorly and was arrested for DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime, to lawfully stop the defendant. Upon cross examination of the motion by the defense, the officer could not provide any specifics as to the driving pattern, such as how many time the defendant allegedly weaved and straddled the lane markers. After hearing the testimony and reviewing the case law, the Judge granted the motion and threw out all the evidence. The State then Dismissed the DUI.
Result: The DUI was dismissed.
Sep 20, 2017 Case: A6MKYTE Judge Bedinghaus
Facts: An anonymous caller called the police via 911 stating that the defendant was driving at a very high rate of speed and weaving all over the road. The officer located the vehicle and initiated a traffic stop. Upon making contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was staggering and unsteady. The defendant then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .108 and .097 in the breath machine.
Defense: Under the law, an officer can only stop a person based on an anonymous tip if there is corroboration. In other words, the officer must see something consistent with the driving pattern relayed by the caller for the traffic stop to be lawful. Here, the officer saw no driving pattern prior to conducting the traffic stop. This was brought to the attention of the State and the DUI was Dropped.
Result: The State dropped the DUI.
Sep 20, 2017 Case: A6MKYTE Judge Bedinghaus
Facts: An anonymous caller called the police via 911 stating that the defendant was driving at a very high rate of speed and weaving all over the road. The officer located the vehicle and initiated a traffic stop. Upon making contact, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he was staggering and unsteady. The defendant then performed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .108 and .097 in the breath machine.
Defense: Under the law, an officer can only stop a person based on an anonymous tip if there is corroboration. In other words, the officer must see something consistent with the driving pattern relayed by the caller for the traffic stop to be lawful. Here, the officer saw no driving pattern prior to conducting the traffic stop. This was brought to the attention of the State and the DUI was Dropped.
Result: The State dropped the DUI.
Sep 19, 2017 Case: 17-CT-500731 Judge Adams
Facts: The defendant was stopped for speeding and driving erratically. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and he was observed to be leaning on his vehicle for support. The defendant then performed the HGN (eyes test), one leg stand, and walk and turn exercises. After performing them, he was arrested for DUI. This was the defendant's Second DUI within five years.
Defense: Parks & Braxton announced ready for trial. The officer in this case wrote a very vague report. The police report contained very few details of the defendant's performance on the field sobriety tests, as they all would have been on the officer's body camera. The State is under an ongoing obligation to provide any material/relevant discovery to the defendant. In this case, the defense was not provided the officer's body camera. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 19, 2017 Case: 17-CT-500731 Judge Adams
Facts: The defendant was stopped for speeding and driving erratically. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and he was observed to be leaning on his vehicle for support. The defendant then performed the HGN (eyes test), one leg stand, and walk and turn exercises. After performing them, he was arrested for DUI. This was the defendant's Second DUI within five years.
Defense: Parks & Braxton announced ready for trial. The officer in this case wrote a very vague report. The police report contained very few details of the defendant's performance on the field sobriety tests, as they all would have been on the officer's body camera. The State is under an ongoing obligation to provide any material/relevant discovery to the defendant. In this case, the defense was not provided the officer's body camera. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 18, 2017 Case: 17-CT-501344 Judge Hayward
Facts: The defendant was stopped for weaving all over the road. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to drinking margaritas. Upon walking over to the sidewalk for field sobriety tests, the defendant tripped on the curb and fell over. She then performed poorly on the roadside tests and was arrested for DUI.
Defense: Prior to the trial date, the firm had pretrial talks with the prosecutor. The State then agreed to Drop the DUI and the defendant received No conviction at all on her record.
Result: The State dropped the DUI.
Sep 18, 2017 Case: 17-CT-501344 Judge Hayward
Facts: The defendant was stopped for weaving all over the road. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted to drinking margaritas. Upon walking over to the sidewalk for field sobriety tests, the defendant tripped on the curb and fell over. She then performed poorly on the roadside tests and was arrested for DUI.
Defense: Prior to the trial date, the firm had pretrial talks with the prosecutor. The State then agreed to Drop the DUI and the defendant received No conviction at all on her record.
Result: The State dropped the DUI.
Sep 5, 2017 Case: 2017-CT-500872 Judge Paluck
Facts: The defendant was found passed out in his running car in front of a convenience store. Officers knocked on his window with negative results in an attempt to wake him up. They then opened the door and finally awoke the defendant. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a pale face and constricted pupils. The defendant would not initially get out of the car, so the officers immediately tased him and then placed him in cuffs. He was then arrested for resisting an officer without violence and DUI. After his arrest, he refused the breath test.
Defense: The firm announced ready for trial. The firm pointed out to the State that the officers prematurely tased him as heard by the conversation in the video and then the screaming. The videotape was not facing the defendant or his car at any time. Also, the officers never even asked the defendant to perform field sobriety exercises nor did they conduct any type of actual DUI investigation. On the day of trial, the State Dropped the DUI and the defendant also received No conviction on the resisting charge.
Result: The State dropped the DUI.
Sep 5, 2017 Case: 2017-CT-500872 Judge Paluck
Facts: The defendant was found passed out in his running car in front of a convenience store. Officers knocked on his window with negative results in an attempt to wake him up. They then opened the door and finally awoke the defendant. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a pale face and constricted pupils. The defendant would not initially get out of the car, so the officers immediately tased him and then placed him in cuffs. He was then arrested for resisting an officer without violence and DUI. After his arrest, he refused the breath test.
Defense: The firm announced ready for trial. The firm pointed out to the State that the officers prematurely tased him as heard by the conversation in the video and then the screaming. The videotape was not facing the defendant or his car at any time. Also, the officers never even asked the defendant to perform field sobriety exercises nor did they conduct any type of actual DUI investigation. On the day of trial, the State Dropped the DUI and the defendant also received No conviction on the resisting charge.
Result: The State dropped the DUI.
Aug 29, 2017 Case: 2017-CT-001605 Judge S. Jewitt
Facts: The defendant was stopped because a 911 caller had stated to the police that the defendant as driving all over the road. There was also evidence that she may have hit a cement barrier. Officers observed the defendant to have an odor of alcohol, slow motor skills, and bloodshot eyes. The defendant stated she had consumed a few drinks at a friends house. The defendant performed the field sobriety tests at the request of the officer. She performed very poorly and was arrested for DUI. After her arrest, she blew a .168 and .167 in the breath machine.
Defense: Parks & Braxton announced ready for trial. During pretrial talks with the State, we pointed out how the defendant's first language was not English. It was clear on the video that she did not understand any of the instructions on the roadside tests that the officers were giving her. In addition, she did not understand the implied consent warnings prior to being offered a breath test.
Result: The State dropped the DUI.
Aug 29, 2017 Case: 2017-CT-001605 Judge S. Jewitt
Facts: The defendant was stopped because a 911 caller had stated to the police that the defendant as driving all over the road. There was also evidence that she may have hit a cement barrier. Officers observed the defendant to have an odor of alcohol, slow motor skills, and bloodshot eyes. The defendant stated she had consumed a few drinks at a friends house. The defendant performed the field sobriety tests at the request of the officer. She performed very poorly and was arrested for DUI. After her arrest, she blew a .168 and .167 in the breath machine.
Defense: Parks & Braxton announced ready for trial. During pretrial talks with the State, we pointed out how the defendant's first language was not English. It was clear on the video that she did not understand any of the instructions on the roadside tests that the officers were giving her. In addition, she did not understand the implied consent warnings prior to being offered a breath test.
Result: The State dropped the DUI.
Aug 24, 2017 Case: 2016-CT-049101 Judge Naberhaus
Facts: The defendant was found passed out in his car in a McDonald's parking lot. Upon awakening the defendant, officers observed an odor of alcohol, bloodshot eyes, and his speech was incoherent. He was unsteady exiting his car and his dexterity was clumsy. The defendant then performed the field sobriety tests. For example, on the walk and turn test, he used his arms for balance and took an incorrect number of steps. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest he blew a .162 and .174 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer misled (coerced) the defendant into believing that if he took the breath test, he can continue to drive by obtaining a work permit, however, if he refused, he could not get one. That was a misstatement of the law. Prior to the motion hearing, the State agreed with our position after being provided all the applicable case law and Dropped the DUI.
Result: The State dropped the DUI.
Aug 24, 2017 Case: 2016-CT-049101 Judge Naberhaus
Facts: The defendant was found passed out in his car in a McDonald's parking lot. Upon awakening the defendant, officers observed an odor of alcohol, bloodshot eyes, and his speech was incoherent. He was unsteady exiting his car and his dexterity was clumsy. The defendant then performed the field sobriety tests. For example, on the walk and turn test, he used his arms for balance and took an incorrect number of steps. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest he blew a .162 and .174 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the officer misled (coerced) the defendant into believing that if he took the breath test, he can continue to drive by obtaining a work permit, however, if he refused, he could not get one. That was a misstatement of the law. Prior to the motion hearing, the State agreed with our position after being provided all the applicable case law and Dropped the DUI.
Result: The State dropped the DUI.
Aug 22, 2017 Case: 2015-CT-008603 Judge Bell
Facts: Officers made contact with the defendant, while she was sitting in her car in a parking garage, after a call had gone out about a girl being hit by a guy. The defendant was the female in question. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol. He then asked her to step out of the vehicle and observed slurred speech, bloodshot/dilated eyes, and she was swaying. She was then asked to perform field sobriety tests to which she refused. She as then arrested for DUI.
Defense: Parks & Braxton announced ready for trial. The officer had informed the defendant that if she refused the field sobriety tests, her license would be suspended. That was a misstatement of the law as one's license is only suspended for refusing a breath, blood, or urine test. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction at all.
Result: The State dropped the DUI.
Aug 22, 2017 Case: 2015-CT-008603 Judge Bell
Facts: Officers made contact with the defendant, while she was sitting in her car in a parking garage, after a call had gone out about a girl being hit by a guy. The defendant was the female in question. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol. He then asked her to step out of the vehicle and observed slurred speech, bloodshot/dilated eyes, and she was swaying. She was then asked to perform field sobriety tests to which she refused. She as then arrested for DUI.
Defense: Parks & Braxton announced ready for trial. The officer had informed the defendant that if she refused the field sobriety tests, her license would be suspended. That was a misstatement of the law as one's license is only suspended for refusing a breath, blood, or urine test. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction at all.
Result: The State dropped the DUI.
Aug 17, 2017 Case: 17-CT-000168 Judge Cupp
Facts: Police arrived after being called to a crash whereby the defendant had backed into another car. The officers observed the defendant to have an odor alcohol, watery eyes, and slow/slurred speech. The defendant stated she had drank wine and beer. The defendant then performed the roadside tests and was arrested for DUI. After her arrest, she blew a .154 and .151 in the breath machine.
Defense: When the officers arrived, there was no damage to the vehicles, thus, by definition in the case law, there was no crash (accident). Since the defendant was outside her car when the police arrived, and there was no crash exception, she was unlawfully arrested pursuant to Florida Statute 901.15 as no officer observed her behind the wheel.
Result: The State dropped the DUI.
Aug 17, 2017 Case: 2017-CM-000865 Judge Lelfler
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and his movements were slow and uncoordinated. The defendant was asked several times to put his slice of pizza away, yet he kept eating. At one point, he was removed by force by the police as he would not exit the car and continued to keep eating the pizza. No field sobriety tests were conducted due to the defendant's belligerence and disregard for police commands. He was arrested for DUI and also resisting an officer without violence.
Defense: Parks & Braxton announced ready for trial. Days before trial, after negotiations, the State Dropped the DUI and the defendant received no conviction on the resting charge.
Result: The State dropped the DUI.
Aug 17, 2017 Case: 17-CT-000168 Judge Cupp
Facts: Police arrived after being called to a crash whereby the defendant had backed into another car. The officers observed the defendant to have an odor alcohol, watery eyes, and slow/slurred speech. The defendant stated she had drank wine and beer. The defendant then performed the roadside tests and was arrested for DUI. After her arrest, she blew a .154 and .151 in the breath machine.
Defense: When the officers arrived, there was no damage to the vehicles, thus, by definition in the case law, there was no crash (accident). Since the defendant was outside her car when the police arrived, and there was no crash exception, she was unlawfully arrested pursuant to Florida Statute 901.15 as no officer observed her behind the wheel.
Result: The State dropped the DUI.

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