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

RESULTS

OUR RECENT VICTORIES

Aug 13, 2019	Case: 2018-CT-009675	Judge Pattey
Facts:	An officer was doing a routine safety check at a rest area. An unnamed person drove up to the officer and asked if he was looking for the driver of the car that was parked on the grass. He also told the officer the the individual in question (i.e. the defendant) seemed highly intoxicated and was stumbling around. The officer then saw the defendant stumbling around the parking lot toward his patrol car. The officer made contact and observed an odor of alcohol, slurred speech, and he was very off balance. The defendant stated he had drank a half bottle of whiskey and was stopping to get a drink of water and sleep it off. He admitted to being the driver of the vehicle parked on the grass. He was then requested to perform field sobriety tests. He performed very poorly and was arrested for DUI . He later refused the breath test.
Defense:	Parks & Braxton filed two pretrial motions to suppress. The first alleged that the arrest was unlawful under 901.15 of the Florida Statutes. In short, it states that when there is no crash, the officer must observe all elements of the misdemeanor. Here, a DUI, the officer must have observed the defendant behind the wheel. An officer cannot rely on a civilian when there is no crash. Thus, the arrest was unlawful. The firm also filed a motion to exclude all of the defendant's statements about being the driver. Since the officer never got the witness's name, the person was anonymous. Thus, since there was no way to call him into court, his statements would be inadmissible hearsay and excluded from evidence. Under the doctrine of corpus delicti, the State must produce substantial evidence that the defendant was the driver other than his own admissions. Here, there was none. On the day of the motion hearing, the State Dropped the DUI and the defendant received no conviction on his record.
Result:	The State dropped the DUI.

Aug 13, 2019	Case: 2019-CT-001499	Judge Gutman
Facts:	The defendant was found passed out by police. His car was in a turning lane. Upon awakening the defendant, he had an odor of alcohol and bloodshot/red eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense:	The video of the defendant contradicted the officer's reports as to the extent of the alleged impairment. The State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 12, 2019	Case: 2019-CT-000800	Judge S. Jewett
Facts:	The defendant was stopped for driving the wrong way. Officers observed the defendant to have an odor of alcohol, slurred speech, watery eyes, and he admitted to having drank a couple of beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and a .131 in the breath machine.
Defense:	It was pointed out to he State that the defendant merely crossed the lane marker briefly to make a turn and the officer exaggerated the driving pattern in his reports. Since the lawfulness of the stop was called into question, the State Dropped the DUI and the defendant received no coviction in his record.
Result:	The State dropped the DUI.

Aug 9, 2019	Case: 2019-MM-002010	Judge Eissey
Facts:	The defendant was stopped after driving the wrong way toward oncoming traffic, almost causing a collision. The officer observed the defendant to have an odor of alcohol and an odor of marijuana. He had bloodshot eyes and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. He later refused breath and urine tests. The defendant was also charged with possession of marijuana which was found in his car.
Defense:	Although the officer described the defendant as a falling down drunk in his reports, he had a video camera in the patrol car. However, the firm discovered that the defendant's field sobriety tests were not captured on tape for unknown reasons. This was brought to the State's attention and they Dropped the DUI. The marijuana charge was Dismissed.
Result:	The State dropped the DUI.

Aug 6, 2019	Case: 18-036110MU10A	Judge Levy
Facts:	The defendant was stopped for speeding. He was alleged to have been driving 106 mph in a 65 mph zone. Officers observed an odor of alcohol and detained the defendant for a DUI investigation. The defendant also stated he had drank 4 beers and he was asked to perform roadside tasks. He refused and was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. On the day of trial, it was pointed out to the State that the officer did not advise the defendant of any adverse consequences for refusing the roadside tasks. Thus, his refusal would have been inadmissible into evidence. Also, there was no reasonable suspicion of any crime justifying the detention of the defendant based on the facts alleged above. On the day of jury trial, the State Dropped the DUI and he received No conviction on his record.
Result:	The State dropped the DUI.

Aug 6, 2019	Case: 18-022831MU10A	Judge Evans
Facts:	The defendant was stopped for speeding and running a red light. The officer observed an odor of alcohol, mumbled speech, and bloodshot eyes. She had a flushed face and swayed while she stood. She refused roadside tests and was arrested for DUI. She later refused the breath test.
Defense:	Parks & Braxton announced ready for trial. The video that was taken at the BAT facility contradicted the officer’s observations at the scene. For example on tape, her speech wasn't mumbled and she wasn't swaying. On the day of trial, the State Dropped the DUI and she received no conviction in her record.
Result:	The State dropped the DUI.

Aug 6, 2019	Case: 17-026385MU10A	Judge Mollica
Facts:	A call went out to police about an erratic driver. Police then found the vehicle stopped at a red light. The caller pointed the car out to police stating that it was the vehicle in question. The vehicle accelerated quickly thought the light, its tires squealed, and it fishtailed. Thee officers were behind the car, he weaved all over the road. Upon stopping him, the officers observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He had to brace himself while standing and he was off balance. The defendant performed very poorly on the field sobriety tests. He was arrested for DUI and later refused the breath test. This was the defendant's third DUI.
Defense:	During depositions it was revealed that a civilian witness had taken a video of the defendant that the arresting officer was aware of, but failed to preserve. In addition, the officers failed to preserve a video that was taken in the holding cell. Finally, a deposition of a back-up officer revealed several inconsistencies with the arresting officer. Parks & Braxton announced ready for trial. The case was dropped by the State on the morning of trial.
Result:	The State dropped the DUI.

Aug 6, 2019	Case: 2019-CT-007128	Judge Conrad
Facts:	The defendant was stopped as he was trying to get through the gate at an air force base. Officers were called and they observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to having drank 4 beers. After performing the field sobriety tests, he was arrested for DUI. He later blew a .166 and a .162 it the breath machine.
Defense:	Since the defendant never got through the gate, there was no reasonable suspicion of a crime justifying the detention of the defendant.
Result:	The State dropped the DUI.

Aug 1, 2019	Case: 18-035514MU10A	Judge Diaz
Facts:	The defendant was stopped for having an expired tag. The officers noticed the defendant to have an odor of alcohol, he stated that he "had a few," his eyes were red/watery, and he was swaying while he stood. The defendant refused to perform roadside tasks and was arrested for DUI. He later refused the breath test.
Defense:	Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no reasonable suspicion of crime justifying the detention of the defendant. The video showed that he was not swaying and that he was responsive and coherent. The State conceded the motion and Dropped the DUI. The defendant received no conviction on his record.
Result:	The State dropped the DUI.

Aug 1, 2019	Case: 2018-CF-015465	Judge Nash
Facts:	The defendant was the at fault driver in a crash whereby he cut in front of another driver. Two people were injured in the crash. He then left the scene and was found by police. They observed an odor of alcohol, bloodshot eyes, slurred speech, and trouble with his balance. He refused roadside tests and was arrested for Leaving the Scene of an accident with injury (Felony) and DUI. He later refused the breath test. This was also the defendant's Second DUI.
Defense:	Prior to taking pretrial depositions, the defense uncovered via discovery that the defendant actually only left the scene to call 911 because he didn't have a cell. Also, it was actually the victim's mom who told him to leave and call 911 and/or get help. The State Dropped the felony leaving the scene of an accident charge. They also Dropped the defendant's Second DUI as the defendant was never advised of any adverse consequences for refusing to perform field sobriety tests a required by law.
Result:	The State dropped the DUI.

Jul 31, 2019	Case: 2019-CT-003069	Judge Gutman
Facts:	Officers made contact with defendant after security at a bar stated that defendant was highly intoxicated. Officers then stopped the defendant as she was pulling out of the parking lot. They then observed her to have an odor of alcohol and bloodshot eyes. The defendant stated she had drank two beers. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .168 and .166 in the breath machine.
Defense:	Parks & Braxton firm pointed out to the State that there was only a conclusory statement about her intoxication, without any specific facts. Under the law, there must be some facts supporting the conclusion. Thus, the initial seizure of the defendant was unlawful.
Result:	The State dropped the DUI.

Jul 31, 2019	Case: 2019-CT-003059	Judge Gutman
Facts:	The defendant was stopped for improper lane change and following to closely. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy/watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest he blew a .133 and a .116 in the breath machine.
Defense:	Parks & Braxton called the lawfulness of the traffic stop into question as his alleged "improper lane changes" were only vaguely described. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 23, 2019	Case: 18-027325MU10A	Judge M. Brown
Facts:	The defendant was found passed out in his car on the shoulder of the road. Upon awakening the defendant, the officer observed an odor of alcohol and appeared unsteady. He was asked to exit the car and perform field sobriety tests. He performed very poorly. For example, on the walk and turn, the defendant stepped off the line, took an incorrect number of steps, and used his arms for balance. On the one leg stand, he put his foot down and could not complete the exercise. He was arrested for DUI and later refused the breath test.
Defense:	Parks & Braxton took pretrial depositions of the two officers involved in the case. At the depo, the firm was able to question the officers and establish numerous inconsistencies in their testimony. The firm then filed a pretrial motion to suppress all the evidence. The firm not only argued that there was no legal basis to detain the defendant, but also that the officers were not credible. The Judge granted the motion and threw out all of the the evidence. The DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 23, 2019	Case: 19-CT-007521MU10A	Judge Diaz
Facts:	Officers responded to a vehicle crash, whereby the vehicle hit a light pole. When officers arrived, they came in contact with the defendant and his wife. They noticed an odor of alcohol on the defendant, slurred speech, and bloodshot eyes. He admitted to drinking beer and mixed drinks, and he also appeared very unsteady. The defendant stated his wife had been driving at the time of the crash and he only got in the car after the crash to see if could move it from the crash scene. The officers also had the defendant perform roadsides. He performed very poorly and was arrested for DUI. After his arrest, he blew a .174 and a .171 in the breath machine. It should be noted his wife was also arrested for DUI.
Defense:	Prior to trial, the firm was able to prove that the vehicle was inoperable after the crash and at the time that the defendant entered the car. Under Florida law, if the vehicle became inoperable before the person drove or wasn’t in actual physical control while impaired, they could not be convicted of DUI. On the day of trial the DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 18, 2019	Case: 19-0001872MU10A	Judge Gottlieb
Facts:	The defendant was found passed out in her car in the roadway. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot eyes, and slurred speech. After refusing to perform roadsides, she was arrested for DUI. She later refused the breath test.
Defense:	Parks & Braxton took pretrial depositions of the two officers involved in the case. Upon questioning officer, the firm was able to impeach each officer with their own police reports, as well as the video. In addition, the defense was able to get each officer to provide conflicting testimony. After providing the two depos to the State, they Dropped the DUI and the defendant received no conviction on her record.
Result:	The State dropped the DUI.

Jul 17, 2019	Case: 2018-CT-019817	Judge Weis
Facts:	The defendant was stopped for speeding and failing to stop at a red light. According to the officer, he was traveling close to 100 mph. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He fumbled through his paperwork and seemed confused. The defendant refused to perform roadside exercises and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI within five years.
Defense:	The officer who conducted the traffic stop called for a DUI unit. However, the officer never asked for unit with an in car camera, even though others were available to film the defendant. Also, the defendant was never advised of any adverse consequences for refusing to perform the field sobriety exercises as required by case law. The State Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Jul 16, 2019	Case: 2019-CT-001802	Judge Smith
Facts:	The defendant was stopped for driving with no headlights and also hitting a curb. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and she was unsteady on her feet. Her speech was slurred at times and she admitted to having drank a couple of glasses of wine. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .151 and a .145 in the breath machine.
Defense:	The video contradicted the officer's reports as to the specifics of her actual performance on the field sobriety tests, her speech pattern, and her balance.
Result:	The State dropped the DUI.

Jul 3, 2019	Case: 18-CT-019685	Judge Myers
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. He also fumbled around with his documents. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	The firm announced ready to set the case for trial. Prior to trial, the firm pointed out numerous inconsistencies in the officer's reports and also contradictions as compared to the videotape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 2, 2019	Case: 2019-CT-000881	Judge Farr
Facts:	The defendant was stopped for weaving, swerving, and sitting through traffic light cycles. The officer observed her to have an odor of alcohol, bloodshot eyes, and she gave inconsistent statements. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .130 and a .119 in the breath machine.
Defense:	The video contradicted the officer's report as to many aspects of the alleged impairment. The State Dropped the DUI and she received no conviction.
Result:	The State dropped the DUI.

Jun 26, 2019	Case: 19-CT-005000	Judge Castor
Facts:	The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and he admitted to having drank beer. He was unsteady on his feet and also swayed. He then performed numerous field sobriety tests and was arrested for DUI. After his arrest he blew. a .204 and a .197 in the breath machine.
Defense:	When the officer turned on his police lights to initiate the traffic stop, the defendant did not stop immediately. He kept driving a bit until he reached his house. The officer ordered him out of the vehicle at gunpoint. There was no legal basis to justify the officer's initial detention by gunpoint as the defendant only drove a short distance, did not speed up upon seeing the police lights, and there was no evidence he was trying to flee.
Result:	The State dropped the DUI.

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