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

RESULTS

OUR RECENT VICTORIES

Mar 28, 2012	Case: 2012-CT-004929AXXX	Judge Castor
Facts:	The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer.
Result:	The DUI was Dismissed.

Mar 28, 2012	Case: 11-005676MM10A	Judge Cowart
Facts:	The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI.
Result:	The State conceded the motion to suppress and dropped the DUI.

Mar 28, 2012	Case: CT-253597-X	Judge Dominguez
Facts:	The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions.
Result:	The DUI was Dismissed.

Mar 28, 2012	Case: 2012-CT-004929AXXX	Judge Castor
Facts:	The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer.
Defense:	Prior to court, Parks & Braxton spoke to the prosecutors and pointed out that there was no witness who placed the defendant in actual physical control of the motor vehicle. Thus, pursuant to Florida Statute 901.15, the arrest for DUI was unlawful.
Result:	The DUI was Dismissed.

Mar 28, 2012	Case: 11-005676MM10A	Judge Cowart
Facts:	The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI.
Defense:	Parks & Braxton filed a motion to suppress based on coercion to perform the field sobriety tests. Specifically, the defense alleged that the Trooper made an improper statement while requesting the defendant to perform field sobriety tests.
Result:	The State conceded the motion to suppress and dropped the DUI.

Mar 28, 2012	Case: CT-253597-X	Judge Dominguez
Facts:	The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions.
Defense:	Parks & Braxton prepared the case for trial. The State could not prove which specific chemical and/or controlled substance impaired the defendant as required by Florida Law.
Result:	The DUI was Dismissed.

Mar 22, 2012	Case: CT-006903-XEY	Judge Myers
Facts:	The defendant was stopped by police after allegedly being involved in a hit and run traffic crash. The officers noticed damage to the defendant's car. He had an odor of alcohol upon his breath, slurred speech, bloodshot eyes, and he walked in a "zig zag" pattern once out of the car. They also saw the defendant stumble. There was no video tape of the DUI investigation at the scene. The defendant refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Result:	The State Dropped the DUI.

Mar 22, 2012	Case: 2011-CT-7167-A-O	Judge Shoemaker
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed the roadside tasks at the request of the officer and they were video taped. According to the officer, he performed poorly and was arrested for DUI.
Result:	The State Dropped the DUI.

Mar 22, 2012	Case: CT-006903-XEY	Judge Myers
Facts:	The defendant was stopped by police after allegedly being involved in a hit and run traffic crash. The officers noticed damage to the defendant's car. He had an odor of alcohol upon his breath, slurred speech, bloodshot eyes, and he walked in a "zig zag" pattern once out of the car. They also saw the defendant stumble. There was no video tape of the DUI investigation at the scene. The defendant refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Mar 22, 2012	Case: 2011-CT-7167-A-O	Judge Shoemaker
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed the roadside tasks at the request of the officer and they were video taped. According to the officer, he performed poorly and was arrested for DUI.
Defense:	Parks & Braxton pointed out to the State that on the video tape none of the defendant's "normal faculties" were impaired.
Result:	The State Dropped the DUI.

Mar 21, 2012	Case: 11-CT-504601	Judge Hayes
Facts:	The defendant was stopped for having illegal tint on his car windows. The officer noticed an odor of alcohol and red/watery eyes. The defendant also admitted to drinking beer. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and refused the breath test.
Result:	The State Dropped the DUI.

Mar 21, 2012	Case: 11-CT-504601	Judge Hayes
Facts:	The defendant was stopped for having illegal tint on his car windows. The officer noticed an odor of alcohol and red/watery eyes. The defendant also admitted to drinking beer. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and refused the breath test.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Mar 20, 2012	Case: 48-2011-CT-013646-A-O	Judge Craner
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Upon initial questioning the defendant admitted to drinking that evening. The defendant consented to perform field sobriety exercises which were video taped. The defendant performed the HGN (eye test), walk and turn as well as the one leg stand test. The defendant was subsequently arrested for DUI.
Result:	On the morning of Jury trial, the State Dropped the DUI.

Mar 20, 2012	Case: CT-003286-XGA	Judge Jeske
Facts:	The defendant was found passed out in his vehicle at an intersection by the police. The officers noticed an odor of alcohol, bloodshot eyes, a dazed look, and unsteadiness. The defendant refused the roadside tasks and was arrested for DUI. He then refused the breath test.
Result:	The State Dropped the DUI.

Mar 20, 2012	Case: CT-005851-XFA	Judge Jeske
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, lethargic movements, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were video taped. She was then arrested for DUI. After her arrest for DUI, she blew a .117 and .115 in the breath machine.
Result:	The State Dropped the DUI.

Mar 20, 2012	Case: 48-2011-CT-013646-A-O	Judge Craner
Facts:	The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Upon initial questioning the defendant admitted to drinking that evening. The defendant consented to perform field sobriety exercises which were video taped. The defendant performed the HGN (eye test), walk and turn as well as the one leg stand test. The defendant was subsequently arrested for DUI.
Defense:	Prior to trial, Parks & Braxton pointed out to the State that the results of the field sobriety tests were administered improperly. For example, on video you can clearly see a distinct pitch on the roadway where the defendant was asked to perform the walk and turn test.
Result:	On the morning of Jury trial, the State Dropped the DUI.

Mar 20, 2012	Case: CT-005851-XFA	Judge Jeske
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, lethargic movements, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were video taped. She was then arrested for DUI. After her arrest for DUI, she blew a .117 and .115 in the breath machine.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Mar 20, 2012	Case: CT-003286-XGA	Judge Jeske
Facts:	The defendant was found passed out in his vehicle at an intersection by the police. The officers noticed an odor of alcohol, bloodshot eyes, a dazed look, and unsteadiness. The defendant refused the roadside tasks and was arrested for DUI. He then refused the breath test.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Mar 19, 2012	Case: CT-006900-XEF	Judge Conrad
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, bloodshot/watery/glassy eyes, "fumbling" fingers, and slurred speech. They also noticed she was unsteady on her feet upon exiting the vehicle. The defendant performed the roadside tests at the request of the DUI officer which were video taped. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the finger to nose, she did not touch the tip of her nose with her index finger and used the wrong hand. The defendant was arrested for DUI and subsequently refused the breath test. This was the Defendant's Second DUI.
Result:	The State Dropped the DUI.

Mar 19, 2012	Case: CT-006900-XEF	Judge Conrad
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, bloodshot/watery/glassy eyes, "fumbling" fingers, and slurred speech. They also noticed she was unsteady on her feet upon exiting the vehicle. The defendant performed the roadside tests at the request of the DUI officer which were video taped. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the finger to nose, she did not touch the tip of her nose with her index finger and used the wrong hand. The defendant was arrested for DUI and subsequently refused the breath test. This was the Defendant's Second DUI.
Defense:	Parks & Braxton were ready for a jury trial.
Result:	The State Dropped the DUI.

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