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

RESULTS

OUR RECENT VICTORIES

Mar 13, 2012	Case: 2011-CT-4134	Judge Hitzemann
Facts:	The defendant was involved in a single car crash whereby he allegedly struck a tree off the roadway. The defendant made several statements to the officer about being involved in the crash and how it happened. The officer made contact with the the defendant while he was in the ambulance. The officer observed an odor of alcohol, slurred speech, and unsteadiness upon exiting the ambulance. He was asked to perform roadside tasks which he performed very very poorly on video tape. He was then arrested for DUI. This was the defendant's Second DUI.
Result:	The DUI was Dismissed.

Mar 13, 2012	Case: 2012-CT-481-A-O	Judge Miller
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and difficulty finding his registration. The officer observed unsteadiness as the defendant exited the car. He was asked to perform roadside sobriety exercises. The defendant performed poorly on the first test and then he refused to continue with the rest of the tests. The defendant said "just talk me to jail" and he was arrested for DUI. He then refused the breath test.
Result:	On the morning of Jury Trial, the State Dropped the DUI.

Mar 13, 2012	Case: 2011-CT-4134	Judge Hitzemann
Facts:	The defendant was involved in a single car crash whereby he allegedly struck a tree off the roadway. The defendant made several statements to the officer about being involved in the crash and how it happened. The officer made contact with the the defendant while he was in the ambulance. The officer observed an odor of alcohol, slurred speech, and unsteadiness upon exiting the ambulance. He was asked to perform roadside tasks which he performed very very poorly on video tape. He was then arrested for DUI. This was the defendant's Second DUI.
Defense:	Parks & Braxton filed a pre-trial motion to suppress all of the defendant's statements to the police. We alleged in our motion all statements were obtained in violation of the accident report privilege. The State conceded the motion. Without the statements, the State could not prove the defendant was driving or in actual physical control the motor vehicle at the time of the of crash.
Result:	The DUI was Dismissed.

Mar 13, 2012	Case: 2012-CT-481-A-O	Judge Miller
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and difficulty finding his registration. The officer observed unsteadiness as the defendant exited the car. He was asked to perform roadside sobriety exercises. The defendant performed poorly on the first test and then he refused to continue with the rest of the tests. The defendant said "just talk me to jail" and he was arrested for DUI. He then refused the breath test.
Defense:	Parks & Braxton were ready for jury trial.
Result:	On the morning of Jury Trial, the State Dropped the DUI.

Mar 12, 2012	Case: 11-017612MM10A	Judge Brown
Facts:	The defendant was stopped for driving on the wrong side of the road almost colliding with a police officer. The officer approached the defendant and observed a strong odor of alcohol, glassy eyes, a flushed face, dilated pupils and slurred speech. She admitted to drinking and had difficulty exiting the car. She refused all testing. This is the 2nd time Parks & Braxton has successfully defended the client after being arrested for DUI.
Result:	The Judge determined that the officer lacked credibility and granted the motion. The DUI was dropped.

Mar 10, 2012	Case: CT-005173-XGA	Judge Greco
Facts:	The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Result:	The State Dropped the DUI.

Mar 4, 2012	Case: CT-7276-GWJ	Judge Jeske
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes and he admitted to drinking a "few". The defendant used the car door for leverage and was unsteady. According to the officer, he performed poorly on the roadside tests which were video taped and then he was arrested for DUI.
Result:	The DUI was Dismissed.

Mar 2, 2012	Case: 05-2011-CT-037416-AXXX-XX (JURY TRIAL)	Judge Atkin
Facts:	The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years.
Result:	During jury deliberations, the State Dropped the DUI.

Mar 1, 2012	Case: 5970-XEM	Judge Ortiz
Facts:	The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
Result:	The DUI was Dismissed.

Feb 24, 2012	Case: 2011-CT-022808AXXX	Judge Castor
Facts:	The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test.
Result:	Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI.

Feb 24, 2012	Case: 2011-CT-022808AXXX	Judge Castor
Facts:	The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test.
Defense:	Parks & Braxton discovered during a pre-trial discovery investigation that the roadside video tape had been lost, destroyed, and/or corrupted. No one at the police department could answer our questions as to the whereabouts of the tape which was material evidence in the case.
Result:	Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI.

Feb 23, 2012	Case: 2011-CT-00913-A-M	Judge Becker
Facts:	The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Result:	The DUI was Dismissed.

Feb 23, 2012	Case: 2012-CT-001340AXXX	Judge Eissey
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Result:	The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.

Feb 23, 2012	Case: 2011-CT-00913-A-M	Judge Becker
Facts:	The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177.
Defense:	Parks & Braxton prepared and filed a pre-trial motion to exclude the defendant's statements about her involvement in the crash. In our motion, we alleged the statements were obtained in violation of the accident report privilege. The State conceded the motion and all statements were excluded. Thus, the State could not place the defendant in actual physical control at the time of the crash.
Result:	The DUI was Dismissed.

Feb 23, 2012	Case: 2012-CT-001340AXXX	Judge Eissey
Facts:	The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance.
Defense:	Parks & Braxton conducted a pre-trial investigation prior to the filing of the charges.
Result:	The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed.

Feb 22, 2012	Case: 2010-CT-008690-A-O	Judge Shoemaker
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Result:	On the morning of jury trial, the State Dropped the DUI.

Feb 22, 2012	Case: 2010-CT-008690-A-O	Judge Shoemaker
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years.
Defense:	Parks & Braxton showed the State numerous medical records reflecting that the defendant's performance on the roadside tests was not due to impairment by alcohol or medication, but was a result of the defendant's various and numerous medical conditions.
Result:	On the morning of jury trial, the State Dropped the DUI.

Feb 21, 2012	Case: 09-026294MM10A	Judge Robinson
Facts:	The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Result:	Based on the testimony provided by the independent witness the State dropped the DUI.

Feb 21, 2012	Case: 11-017556MM10A	Judge Fry
Facts:	The defendant was observed by a security guard as well as an independent witness driving through a fence. The officer responded to the scene and observed the defendant holding onto the stop sign yelling "I'm too f'n drunk". The officer who conducted the investigation stated that the defendant was unable to stand up without assistance. The defendant supposedly advised the officer that he had been drinking bloody marys and a lot of beer. The officer then subsequently called for a car with a video to respond to the scene. On video the defendant refused all testing. Prior to going on video the officer allegedly observed a strong odor of alcohol, slurred speech, a flushed face and bloodshot eyes. This was the defendant's 3rd DUI.
Result:	The State dropped the DUI.

Feb 21, 2012	Case: 09-026294MM10A	Judge Robinson
Facts:	The defendant was stopped for swerving out of her lane colliding with the curb several times. The officer alleged that once he put his lights on that the defendant failed to stop within a reasonable amount of time. The officer made contact with the defendant and observed a strong odor of alcohol, slurred speech and bloodshot eyes. He stated that as she exited her car she was unsteady and lost her balance. The defendant performed the one leg stand, walk and turn and HGN (eye test). The officer alleged that she failed each of the field sobriety tests and was subsequently arrested for DUI. The defendant subsequently refused a breath test.
Defense:	Parks & Braxton filed a motion to suppress based on an unlawful stop. In addition, the defense listed a witness who observed the entire incident and contradicted the officer's observations.
Result:	Based on the testimony provided by the independent witness the State dropped the DUI.

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