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

ALSO SERVING ST. JOHNS, CLAY, FLAGLER, NASSAU COUNTIES
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ALSO SERVING ST. JOHNS, CLAY, FLAGLER, NASSAU COUNTIES
904.450.5220
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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.
Jun 11, 2024 Case: AI9MOYE Judge Lawhorne
Facts: A call went out over police dispatch about a fight at a strip club. Call notes advised that a Hispanic male, wearing a grey jacket, was leaving the location in a Gray SUV and a tag number was provided. Police then stopped the defendant who was driving the vehicle in question. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also stated that he had consumed two drinks. He refused to perform roadside tests other than the HGN (eye test) and was arrested for DUI. He later blew a .163 and .163 in the breath machine.
Defense: Conversations were had with the State regarding the lawfulness of the traffic stop. Here, there wasn't even a call note that the defendant was the aggressor, victim, or what his involvement was at the very least. The description of the defendant was vague at best (i.e., Hispanic male with grey jacket). It wasn't even known how the initial callers were from the club.
Result: The State dropped the DUI.
Jun 11, 2024 Case: 23-CT-004447 Judge Doyle
Facts: A BOLO went out for police that the defendant was unable to maintain his lane of travel. Officers located the defendant in a parking lot and approached his car. They observed an odor of alcohol, thick/slurred speech, and glassy eyes. He appeared disoriented, had a drunk like appearance, and stated he should not be driving due to some mental health issues. The defendant performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 11, 2024 Case: AI9MOYE Judge Lawhorne
Facts: A call went out over police dispatch about a fight at a strip club. Call notes advised that a Hispanic male, wearing a grey jacket, was leaving the location in a Gray SUV and a tag number was provided. Police then stopped the defendant who was driving the vehicle in question. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also stated that he had consumed two drinks. He refused to perform roadside tests other than the HGN (eye test) and was arrested for DUI. He later blew a .163 and .163 in the breath machine.
Defense: Conversations were had with the State regarding the lawfulness of the traffic stop. Here, there wasn't even a call note that the defendant was the aggressor, victim, or what his involvement was at the very least. The description of the defendant was vague at best (i.e., Hispanic male with grey jacket). It wasn't even known how the initial callers were from the club.
Result: The State dropped the DUI.
Jun 6, 2024 Case: 24-CT-000186 Judge Scott
Facts: The defendant was found slouched over motionless on the handlebars of his motorcycle on the side of the road. Officers noticed an odor of alcohol, extremely slurred speech, and watery/glassy eyes. The defendant was off balance and admitted to drinking alcohol. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Fifth DUI.
Defense: After conversations with the State about the evidence, we pointed out that the defendant was trying to do the right thing by not driving and pulling over to sleep it off. The State Dropped the defendant's Fifth DUI.
Result: The State dropped the DUI.
Jun 6, 2024 Case: 24-CT-000186 Judge Scott
Facts: The defendant was found slouched over motionless on the handlebars of his motorcycle on the side of the road. Officers noticed an odor of alcohol, extremely slurred speech, and watery/glassy eyes. The defendant was off balance and admitted to drinking alcohol. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Fifth DUI.
Defense: After conversations with the State about the evidence, we pointed out that the defendant was trying to do the right thing by not driving and pulling over to sleep it off. The State Dropped the defendant's Fifth DUI.
Result: The State dropped the DUI.
Jun 5, 2024 Case: 24-CT-014287 Judge Silverman
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant stated he had one drink, exited the car slowly, and also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .157 and .151 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.
Jun 5, 2024 Case: 24-CT-014287 Judge Silverman
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant stated he had one drink, exited the car slowly, and also appeared unsteady. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .157 and .151 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.
May 30, 2024 Case: A6MGSQE Judge Lawhorne
Facts: The defendant was stopped for weaving over the lanes and having a tag not assigned to the specific vehicle. The officer noticed an odor of alcohol, mumbled speech, a flushed face, she fumbled through her documents, and had glassy eyes. She then performed numerous roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .155 and .147 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
May 30, 2024 Case: AITZMKE Judge Croff
Facts: The defendant was stopped after he was observed drifting side to side in his lane and speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and his pupils were dilated. The defendant admitted to having one beer and having smoked marijuana. He performed various roadside tests and was arrested for DUI. Post arrest, a marijuana cigarette was found in his possession. After his arrest, he provided a urine sample which came back from the lab positive for marijuana.
Defense: On video, the defendant performed very well on the roadside tests. We pointed out to the State that there was a lack of probable cause to arrest him. After several conversations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
May 30, 2024 Case: 23-CT-002901 Judge Gould
Facts: The defendant was the at fault driver in a rear end crash. The first officer on scene noticed the defendant to have slow movements and constricted pupils. She stated he seemed "off", groggy, and confused. Another officer was called to the scene to perform field sobriety tests. The defendant then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and HGN (eye test). He was then arrested for DUI. Two vodka bottles were found in the defendant’s trunk. He later refused a breath test. This was the defendant's Third DUI.
Defense: Parks & Braxton took pretrial depositions of the officers involved in the case. At depositions, not one officer could state that they smelled any alcohol on the defendant and none could state by what specific drug they thought was impairing the defendant. Thus, there was no reasonable suspicion of a crime to even justify legally requesting roadside tests. In addition, the officer administering the roadside tests came from another jurisdiction. That was in violation of a mutual aid agreement which did not specifically mention that officers from other jurisdictions can do DUI investigations. After conversations with State, they Dropped the defendant's Third DUI.
Result: The State dropped the DUI.
May 30, 2024 Case: A6MGSQE Judge Lawhorne
Facts: The defendant was stopped for weaving over the lanes and having a tag not assigned to the specific vehicle. The officer noticed an odor of alcohol, mumbled speech, a flushed face, she fumbled through her documents, and had glassy eyes. She then performed numerous roadside tests such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .155 and .147 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
May 30, 2024 Case: AITZMKE Judge Croff
Facts: The defendant was stopped after he was observed drifting side to side in his lane and speeding. The officer noticed an odor of alcohol, bloodshot/watery eyes, and his pupils were dilated. The defendant admitted to having one beer and having smoked marijuana. He performed various roadside tests and was arrested for DUI. Post arrest, a marijuana cigarette was found in his possession. After his arrest, he provided a urine sample which came back from the lab positive for marijuana.
Defense: On video, the defendant performed very well on the roadside tests. We pointed out to the State that there was a lack of probable cause to arrest him. After several conversations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
May 30, 2024 Case: 23-CT-002901 Judge Gould
Facts: The defendant was the at fault driver in a rear end crash. The first officer on scene noticed the defendant to have slow movements and constricted pupils. She stated he seemed "off", groggy, and confused. Another officer was called to the scene to perform field sobriety tests. The defendant then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and HGN (eye test). He was then arrested for DUI. Two vodka bottles were found in the defendant’s trunk. He later refused a breath test. This was the defendant's Third DUI.
Defense: Parks & Braxton took pretrial depositions of the officers involved in the case. At depositions, not one officer could state that they smelled any alcohol on the defendant and none could state by what specific drug they thought was impairing the defendant. Thus, there was no reasonable suspicion of a crime to even justify legally requesting roadside tests. In addition, the officer administering the roadside tests came from another jurisdiction. That was in violation of a mutual aid agreement which did not specifically mention that officers from other jurisdictions can do DUI investigations. After conversations with State, they Dropped the defendant's Third DUI.
Result: The State dropped the DUI.
May 20, 2024 Case: 24-CT-500165 Judge Gill
Facts: The defendant was stopped for having no visible taillights and swerving erratically. The officer noticed an odor of alcohol, bloodshot eyes, and heavy tongued/slurred speech. He also fumbled with his wallet and stated he had consumed two beers. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .090 and .088 in the breath machine.
Defense: Many of the observations written in the police reports were contradicted by the video tape. In addition, due to a .02 margin of error in the breath machine, we were able to take the defendant's breath alcohol results below the legal limit. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
May 20, 2024 Case: 24-CT-500165 Judge Gill
Facts: The defendant was stopped for having no visible taillights and swerving erratically. The officer noticed an odor of alcohol, bloodshot eyes, and heavy tongued/slurred speech. He also fumbled with his wallet and stated he had consumed two beers. He then performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .090 and .088 in the breath machine.
Defense: Many of the observations written in the police reports were contradicted by the video tape. In addition, due to a .02 margin of error in the breath machine, we were able to take the defendant's breath alcohol results below the legal limit. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
May 14, 2024 Case: 24-CT-000174 Judge Bell
Facts: Callers dialed 911 stating that the defendant was driving all over the roadway and that he was going to cause an accident. An officer was waiting on the median and saw the defendant drive by his position. He then pulled out and observed the defendant weaving and conducted a traffic stop. He observed an odor of alcohol, extremely slurred speech, and bloodshot eyes. The defendant was very unsteady and unable to follow simple instructions. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: After conversations with the State regarding the case, the State agreed to Drop the defendant Second DUI.
Result: The State dropped the DUI.
May 14, 2024 Case: 23-CT-059243 Judge Garagozlo
Facts: The defendant ran a stop sign causing him to crash his car into another vehicle and then into a tree. When the officer arrived, the defendant was moving the airbags out of the way and told the officer that he was "coming from the middle east." The officer observed an odor of alcohol, watery eyes, and slurred speech. While outside the car, he was stumbling around and almost fell over while walking. He refused to perform and field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense: The defendant had blood stains and also a cut on his elbow from the airbag. We pointed out to the State that the impairment observed could have been as easily from the severity of the crash and the airbags deploying versus alcohol. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
May 14, 2024 Case: 24-CT-000174 Judge Bell
Facts: Callers dialed 911 stating that the defendant was driving all over the roadway and that he was going to cause an accident. An officer was waiting on the median and saw the defendant drive by his position. He then pulled out and observed the defendant weaving and conducted a traffic stop. He observed an odor of alcohol, extremely slurred speech, and bloodshot eyes. The defendant was very unsteady and unable to follow simple instructions. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: After conversations with the State regarding the case, the State agreed to Drop the defendant Second DUI.
Result: The State dropped the DUI.
May 14, 2024 Case: 23-CT-059243 Judge Garagozlo
Facts: The defendant ran a stop sign causing him to crash his car into another vehicle and then into a tree. When the officer arrived, the defendant was moving the airbags out of the way and told the officer that he was "coming from the middle east." The officer observed an odor of alcohol, watery eyes, and slurred speech. While outside the car, he was stumbling around and almost fell over while walking. He refused to perform and field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense: The defendant had blood stains and also a cut on his elbow from the airbag. We pointed out to the State that the impairment observed could have been as easily from the severity of the crash and the airbags deploying versus alcohol. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2024 Case: 22-010942CF10A Judge Bailey
Facts: The defendant was drinking at a bar when another patron offered to give him a ride home. Despite his excessive level of intoxication, the defendant realized that the individual driving the car was going in the wrong direction. An argument subsequently ensued that eventually became physical. The driver pulled into a gas station several miles down the road and exited the car. The defendant then jumped into the driver's seat and tried to get away. The original driver jumped into the passenger side and began to strike the defendant in the face. They subsequently crashed into the gas station. Upon arrival, several officers observed a strong odor of alcohol, bloodshot eyes as well as extremely slurred speech. In addition, the defendant's face was covered in blood. He was arrested for felony DUI third offense as well as Grand Theft Auto. The defendant had a blood alcohol level of .40 (5 times the legal limit) as well as tested positive for cannabis.
Defense: Parks & Braxton took the case over for another lawyer and began to piece together a necessity defense. Specifically, Florida law allows an individual to commit a crime if the offense they committed is outweighed by the harm the were trying to avoid. In this case, the defendant jumped into the driver's seat and attempted to drive away in an effort to avoid being physically battered by the owner of the vehicle. Through our investigation it was revealed that the owner of the car had been a boxer for over twenty years. In addition, based on the officers' body worn camera, it was clear that the defendant's facial injuries were not from the crash, but rather from being beaten by the owner of the car. There was clearly no intent to steal the vehicle. In addition, while the defendant was in the driver's seat at the time of the crash, it was merely in an effort to avoid the greater harm of being assaulted. The felonies were all dismissed.
Result: The State dropped the DUI.

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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.
OBTAIN IMMEDIATE LEGAL HELP
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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