Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 17, 2012 | Case: CT-004694-XEP | Judge Conrad |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State after taking a pre-trial deposition and watching the video tape, that there was no corroboration of the driving pattern by police as required by law. | |
| Result: | The State Dropped the DUI. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 13, 2012 | Case: 2011-CT-022578AXXX | Judge Eissey |
| Facts: | The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State after taking a pre-trial deposition and watching the video tape, that there was no corroboration of the driving pattern by police as required by law. | |
| Result: | The State Dropped the DUI. | |
| Jan 11, 2012 | Case: 48-2011-CT-006718-AOX (JURY TRIAL) | Judge Bigney |
| Facts: | The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine. | |
| Result: | In the middle of Jury Trial, the State Dropped the DUI. | |
| Jan 11, 2012 | Case: 7194-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 11, 2012 | Case: CT-004754-XEP | Judge Myers |
| Facts: | The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation which revealed that the video tape in question had been lost and/or destroyed. The officer had written a very vague report describing the tests as they were supposed to have all been on video. | |
| Result: | Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI. | |
| Jan 11, 2012 | Case: 48-2011-CT-006718-AOX (JURY TRIAL) | Judge Bigney |
| Facts: | The defendant was observed passed out in his car in a parking lot by an officer. The car was running and his foot was on the brake. Upon contact with the defendant, the officers noticed an odor of alcohol, he was disoriented as to his location, and bloodshot eyes. After being asked to exit the car, the defendant swayed and had an un-even gait. He performed very poorly on the roadside tests and exhibited numerous signs of impairment. After his arrest for DUI, the defendant blew a .139 and .137 in the breath machine. | |
| Result: | In the middle of Jury Trial, the State Dropped the DUI. | |
| Jan 11, 2012 | Case: 7194-XEJ | Judge Denaro |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jan 11, 2012 | Case: CT-004754-XEP | Judge Myers |
| Facts: | The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation which revealed that the video tape in question had been lost and/or destroyed. The officer had written a very vague report describing the tests as they were supposed to have all been on video. | |
| Result: | Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI. | |
| Jan 10, 2012 | Case: 2011-CT-009222AXXX | Judge Higbee |
| Facts: | The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit). | |
| Defense: | Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion. | |
| Result: | The State Dropped the DUI. | |
| Jan 10, 2012 | Case: 2011-44267MMAES | Judge Beck |
| Facts: | The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest. Defense Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped. | |
| Jan 10, 2012 | Case: 10-011921MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving. | |
| Defense: | Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 10, 2012 | Case: 2011-CT-009222AXXX | Judge Higbee |
| Facts: | The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit). | |
| Defense: | Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion. | |
| Result: | The State Dropped the DUI. | |
| Jan 10, 2012 | Case: 10-011921MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving. | |
| Defense: | Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 10, 2012 | Case: 2011-44267MMAES | Judge Beck |
| Facts: |
The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest. Defense Parks & Braxton prepared the case for trial. |
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| Result: | The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped. | |
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