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 19, 2024	Case: 24-CT-009191	Judge Cohen
Facts:	The defendant was found passed out behind the wheel of his running car with a vape pen and drool dripping from his mouth. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he was nodding in an out. The defendant was fidgety, agitated, and changed his story multiple times. He performed poorly on various roadside tests and was arrested for DUI. He later blew a .122 and .121 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 14, 2024	Case: 24-CF-014369	Judge Steinbeck
Facts:	A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test.
Defense:	Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well.
Result:	The DUI was dismissed.

Aug 14, 2024	Case: 24-CF-014369	Judge Steinbeck
Facts:	A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test.
Defense:	Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well.
Result:	The DUI was dismissed.

Aug 14, 2024	Case: 24-CF-014369	Judge Steinbeck
Facts:	A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test.
Defense:	Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well.
Result:	The DUI was dismissed.

Aug 13, 2024	Case: 24-CT-016507	Judge Rich
Facts:	The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 13, 2024	Case: 24-CT-005178	Judge Gutman
Facts:	The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 13, 2024	Case: AJF46QE	Judge Lawhorne
Facts:	The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He 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.

Aug 13, 2024	Case: 24-CT-016507	Judge Rich
Facts:	The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 13, 2024	Case: 24-CT-005178	Judge Gutman
Facts:	The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 13, 2024	Case: AJF46QE	Judge Lawhorne
Facts:	The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He 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.

Aug 13, 2024	Case: AJF46QE	Judge Lawhorne
Facts:	The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He 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.

Aug 13, 2024	Case: 24-CT-005178	Judge Gutman
Facts:	The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test.
Defense:	The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Aug 13, 2024	Case: 24-CT-016507	Judge Rich
Facts:	The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine.
Defense:	After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 9, 2024	Case: 24-CT-000551	Judge Doyle
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 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.

Aug 9, 2024	Case: 24-CT-000551	Judge Doyle
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 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.

Aug 9, 2024	Case: 24-CT-000551	Judge Doyle
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 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.

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.

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