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.

Jul 16, 2024	Case: 24-CT-500560	Judge Gill
Facts:	The defendant was stopped for weaving and swerving all over the road. Officers observed an odor of alcohol, thick tongued/slurred speech, bloodshot/glassy eyes, and he admitted to having drank 2-3 beers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .144 and .141 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.

Jul 16, 2024	Case: 24-CT-001008	Judge Bagge-Hernandez
Facts:	The defendant was stopped for weaving all over the road. Specifically, he was speeding, straddling lane markers, and swerving within his lane. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant had a bar wristband on and admitted to having consumed alcohol. According to the officer, he performed poorly on field sobriety tests and was arrested for DUI.
Defense:	After conversations with the State regarding the evidence and the DUI, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 16, 2024	Case: 23-CT-017165	Judge Gutman
Facts:	The defendant was stopped for driving without headlights and tailgating. The officer noticed an odor of alcohol, glassy eyes, confusion, and she admitted to having drank alcohol. She then performed HGN, the walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that none of the defendant's normal faculties were impaired. Her field sobriety tests on tape were much better than as described by the officer in his reports. The State Dropped the DUI and the defendant received no probation or penalties other than court costs.
Result:	The State dropped the DUI.

Jul 16, 2024	Case: 24-CT-500560	Judge Gill
Facts:	The defendant was stopped for weaving and swerving all over the road. Officers observed an odor of alcohol, thick tongued/slurred speech, bloodshot/glassy eyes, and he admitted to having drank 2-3 beers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .144 and .141 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.

Jul 16, 2024	Case: 24-CT-001008	Judge Bagge-Hernandez
Facts:	The defendant was stopped for weaving all over the road. Specifically, he was speeding, straddling lane markers, and swerving within his lane. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant had a bar wristband on and admitted to having consumed alcohol. According to the officer, he performed poorly on field sobriety tests and was arrested for DUI.
Defense:	After conversations with the State regarding the evidence and the DUI, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jul 16, 2024	Case: 23-CT-017165	Judge Gutman
Facts:	The defendant was stopped for driving without headlights and tailgating. The officer noticed an odor of alcohol, glassy eyes, confusion, and she admitted to having drank alcohol. She then performed HGN, the walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
Defense:	The firm pointed out to the State that none of the defendant's normal faculties were impaired. Her field sobriety tests on tape were much better than as described by the officer in his reports. The State Dropped the DUI and the defendant received no probation or penalties other than court costs.
Result:	The State dropped the DUI.

Jul 15, 2024	Case: 22-015264MU10A	Judge Carpenter-Toye
Facts:	The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI.
Defense:	The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024.
Result:	The State dropped the DUI.

Jul 15, 2024	Case: 22-015264MU10A	Judge Carpenter-Toye
Facts:	The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI.
Defense:	The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024.
Result:	The State dropped the DUI.

Jul 15, 2024	Case: 22-015264MU10A	Judge Carpenter-Toye
Facts:	The defendant was trailering a boat on the highway when he crashed into another vehicle. The other driver observed sluggish movements and contacted the Florida Highway Patrol. Two Troopers arrived on scene and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant was removed from the highway and taken to another nearby location to perform field sobriety tests. The defendant completed the walk and turn, HGN (eye test), as well as the one leg stand. He was subsequently arrested for DUI and provided a breath sample of .097. This was his second offense for DUI.
Defense:	The video completely contradicted the Troopers' observations. On video, the Troopers turned off their audio and had a private conversation regarding the defendant's performance on the field sobriety tests. While not audible, it was clear that they were discussing the defendant's performance on the tests. At the same time, the defendant stood off in the distance unaccompanied by the police. Clearly, the Troopers were not concerned about the erratic behavior that is typically associated with an intoxicated individual when they left him standing by himself. In addition, while the breath test was above a .08, it was not representative of what the defendant's breath alcohol level was at the time of the crash as required by law. The case was set for trial on the morning of July 15, 2024.
Result:	The State dropped the DUI.

Jul 3, 2024	Case: 24-CT-002625	Judge Rich
Facts:	The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine.
Defense:	Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 3, 2024	Case: 24-CT-002625	Judge Rich
Facts:	The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine.
Defense:	Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 3, 2024	Case: 24-CT-002625	Judge Rich
Facts:	The defendant was found by a security guard sleeping in his car on the top level of a parking garage. Police were called out. When the officer arrived, the defendant was standing outside of the car with the security guard. The officer noticed an odor of alcohol, slurred speech, and he stated he had consumed a couple of drinks earlier. He then performed various roadside tests and was arrested for DUI. He later blew a .094 and .091 in the breath machine.
Defense:	Under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime. Here, the officer did not observe the defendant driving or in actual physical control when he arrived. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dismissed.
Result:	The DUI was dismissed.

Jul 2, 2024	Case: 24-CF-002498	Judge Rice
Facts:	The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also made conflicting statements about where he was coming from and also wore a wrist band from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .134 and .131 in the breath machine. After his arrest, officer found methamphetamine and he was also charged with a Felony possession.
Defense:	After several negotiations regarding the evidence and the defendant, the State Dropped the DUI. He also received no felony conviction on the felony charge and no penalties other than court costs.
Result:	The State dropped the DUI.

Jul 2, 2024	Case: 24-CF-002498	Judge Rice
Facts:	The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also made conflicting statements about where he was coming from and also wore a wrist band from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .134 and .131 in the breath machine. After his arrest, officer found methamphetamine and he was also charged with a Felony possession.
Defense:	After several negotiations regarding the evidence and the defendant, the State Dropped the DUI. He also received no felony conviction on the felony charge and no penalties other than court costs.
Result:	The State dropped the DUI.

Jul 2, 2024	Case: 24-CF-002498	Judge Rice
Facts:	The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also made conflicting statements about where he was coming from and also wore a wrist band from a bar. He then performed various field sobriety tests and was arrested for DUI. He later blew a .134 and .131 in the breath machine. After his arrest, officer found methamphetamine and he was also charged with a Felony possession.
Defense:	After several negotiations regarding the evidence and the defendant, the State Dropped the DUI. He also received no felony conviction on the felony charge and no penalties other than court costs.
Result:	The State dropped the DUI.

Jun 28, 2024	Case: 24-CT-014152	Judge Silverman
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, watery/glassy eyes, slurred speech, and he appeared unsteady. The defendant stated he had drank a "few" at the bar. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense:	On tape, his speech was not slurred and he was not unsteady. In fact, on the walk and turn, he never even stepped off the line for 9 steps up the line or 9 steps back and never raised his arms for balance. On the one leg stand, he never put his foot down during the entire 30 seconds.
Result:	The State dropped the DUI.

Jun 28, 2024	Case: 24-CT-016037	Judge Silverman
Facts:	The defendant was stopped after being observed crossing over the solid white line in the bike lane and crossing back over the double yellow line. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had consumed 3 mixed vodka drinks. The defendant was slow to exit the car, slow walking, and swayed while he stood. He then performed various field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 28, 2024	Case: 24-CT-015913	Judge Silverman
Facts:	The defendant was stopped for driving off the road and crossing over the white dotted line several times. The officer noticed and odor of alcohol, glassy/watery eyes, and her speech was slurred and thick tongued. There was vomit on the door jam and the defendant denied having anything to drink. She then performed various roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversation with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 28, 2024	Case: 24-CT-015913	Judge Silverman
Facts:	The defendant was stopped for driving off the road and crossing over the white dotted line several times. The officer noticed and odor of alcohol, glassy/watery eyes, and her speech was slurred and thick tongued. There was vomit on the door jam and the defendant denied having anything to drink. She then performed various roadside tests and was arrested for DUI. She later refused a breath test.
Defense:	After conversation with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 28, 2024	Case: 24-CT-016037	Judge Silverman
Facts:	The defendant was stopped after being observed crossing over the solid white line in the bike lane and crossing back over the double yellow line. The officer noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had consumed 3 mixed vodka drinks. The defendant was slow to exit the car, slow walking, and swayed while he stood. He then performed various field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

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