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.

Aug 7, 2024	Case: 24-CT-000256	Judge Farr
Facts:	The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine.
Defense:	The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-CT-008901	Judge Taylor
Facts:	The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test.
Defense:	Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-CT-002805	Judge Farr
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
Defense:	On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-MM-021286	Judge Koenig
Facts:	The defendant was seen by police following a motorcycle that was driving in an erratic fashion in a Walmart parking lot. The motorcycle fell over and the defendant exited his car to help the motorcycle driver who was the defendant's brother. Officers approached the defendant and noticed an odor of alcohol, bloodshot eyes, and changing emotions. The defendant admitted to having drank Captain Morgan rum. He performed poorly on roadside tests and was arrested for DUI. He later blew a .220 and .214 in the breath machine. The defendant was also charged with resisting arrest.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. The resisting charge was Dismissed.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-CT-002805	Judge Farr
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
Defense:	On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-CT-000256	Judge Farr
Facts:	The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine.
Defense:	The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-CT-008901	Judge Taylor
Facts:	The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test.
Defense:	Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Aug 7, 2024	Case: 24-MM-021286	Judge Koenig
Facts:	The defendant was seen by police following a motorcycle that was driving in an erratic fashion in a Walmart parking lot. The motorcycle fell over and the defendant exited his car to help the motorcycle driver who was the defendant's brother. Officers approached the defendant and noticed an odor of alcohol, bloodshot eyes, and changing emotions. The defendant admitted to having drank Captain Morgan rum. He performed poorly on roadside tests and was arrested for DUI. He later blew a .220 and .214 in the breath machine. The defendant was also charged with resisting arrest.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. The resisting charge was Dismissed.
Result:	The State dropped the DUI.

Aug 6, 2024	Case: 24-CT-001558	Judge Woodard
Facts:	The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 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.

Aug 6, 2024	Case: 24-CT-001558	Judge Woodard
Facts:	The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 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.

Aug 6, 2024	Case: 24-CT-001558	Judge Woodard
Facts:	The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 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.

Aug 5, 2024	Case: 24-CT-005132	Judge Rich
Facts:	The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 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.

Aug 5, 2024	Case: 24-CT-000971	Judge Rich
Facts:	The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 5, 2024	Case: 24-CT-005132	Judge Rich
Facts:	The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 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.

Aug 5, 2024	Case: 24-CT-000971	Judge Rich
Facts:	The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 5, 2024	Case: 24-CT-000971	Judge Rich
Facts:	The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 5, 2024	Case: 24-CT-005132	Judge Rich
Facts:	The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 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.

Aug 1, 2024	Case: AI9MSDE-H	Judge Mckyton
Facts:	The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test.
Defense:	Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense.
Result:	Both the DUI and Refusal To Submit To Breath Testing were dismissed.

Aug 1, 2024	Case: AI9MSDE-H	Judge Mckyton
Facts:	The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test.
Defense:	Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense.
Result:	Both the DUI and Refusal To Submit To Breath Testing were dismissed.

Aug 1, 2024	Case: AI9MSDE-H	Judge Mckyton
Facts:	The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test.
Defense:	Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense.
Result:	Both the DUI and Refusal To Submit To Breath Testing were dismissed.

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To save your license, you must act within 10 days. Get in touch with our firm by calling 904.450.5220, or fill out the form here.

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