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

OUR RECENT DUI VICTORIES

The following is a list of the firm’s most recent DUI wins. Parks & Braxton provides the case number, the judge’s name, as well as the date the DUI was won for authenticity purposes.

Oct 15, 2024	Case: 24-CT-021287	Judge T. Brown
Facts:	The defendant crashed into a car at the complex where he lives and police were called to the scene. They observed an odor of alcohol, glassy/watery eyes, and incoherent/slurred speech. He was unable to stand without assistance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense:	On tape, the defendant's speech was not slurred and he was not off balance or unsteady. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 15, 2024	Case: 24-CT-003028	Judge Rich
Facts:	The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but observed watery eyes, slurred/delayed speech, and she appeared unsteady. She had fumbling fingers and a loss of her fine motor skills. Believing she was impaired by drugs and not alcohol, she was asked to perform field sobriety tests. She refused and was arrested for DUI. She later provided a urine sample which came back positive for Xanax. This was the defendant's second DUI.
Defense:	The firm provided medical records to the State showing she had medical conditions which caused her to appear unsteady and have slurred speech. In addition, she was also prescribed the Xanax. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 8, 2024	Case: 23-013324MU10A	Judge Brown
Facts:	The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash.
Defense:	Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial.
Result:	The State dropped the DUI.

Oct 8, 2024	Case: 23-013324MU10A	Judge Brown
Facts:	The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash.
Defense:	Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial.
Result:	The State dropped the DUI.

Oct 8, 2024	Case: 23-013324MU10A	Judge Brown
Facts:	The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash.
Defense:	Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial.
Result:	The State dropped the DUI.

Oct 7, 2024	Case: 24-CT-501336	Judge Gonzalez
Facts:	The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Oct 7, 2024	Case: 24-CT-501336	Judge Gonzalez
Facts:	The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Oct 7, 2024	Case: 24-CT-501336	Judge Gonzalez
Facts:	The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense:	The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CM-004058	Judge Gutman
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CT-003463	Judge Gutman
Facts:	The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.
Defense:	The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CM-004058	Judge Gutman
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CT-003463	Judge Gutman
Facts:	The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.
Defense:	The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CM-004058	Judge Gutman
Facts:	The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs.
Result:	The State dropped the DUI.

Oct 2, 2024	Case: 24-CT-003463	Judge Gutman
Facts:	The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.
Defense:	The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
Result:	The State dropped the DUI.

Sep 25, 2024	Case: 24-CT-007592	Judge Stone
Facts:	The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
Defense:	The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
Result:	The State dropped the DUI.

Sep 25, 2024	Case: 24-CT-007592	Judge Stone
Facts:	The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
Defense:	The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
Result:	The State dropped the DUI.

Sep 25, 2024	Case: 24-CT-007592	Judge Stone
Facts:	The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
Defense:	The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
Result:	The State dropped the DUI.

Sep 24, 2024	Case: 24-CT-004112	Judge Scott
Facts:	The defendant crashed his car into a guardrail. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was argumentative. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense:	The officer wrote how the defendant performed very poorly on the roadside tests. That alleged performance was contradicted by the video tape whereby the defendant performed extremely well. In addition, the cop was blasting his engine so loud, no one could even hear what was being said on scene.
Result:	The State dropped the DUI.

Sep 24, 2024	Case: 24-CT-006170	Judge Scott
Facts:	The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and bar bracelet on his wrist. He also appeared confused, unsteady, and admitted to drinking alcohol. After performing various field sobriety tests, he was arrested for DUI. He later blew a .132 and .130 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 24, 2024	Case: 24-CT-008455	Judge Farr
Facts:	The defendant was sitting in his car blasting music in a high traffic/pedestrian area. Officers walked up to his car to speak with him. They noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a dazed/blank stare, poor coordination, poor balance, and a lethargic appearance. The defendant performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

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