Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
| Jan 11, 2002 | Case: 01-022818MM10A | Judge Cowart |
| Facts: | The Defendant was observed weaving on Oakland Park Blvd. Defendant stumbled out of car. Defendant admits to drinking "shots". | |
| Result: | The State dropped the DUI. The defendant has no conviction on her record. | |
| Case: 24-CM-003133 | Judge Rich | |
| Facts: | The defendant was stopped after he was observed weaving all over the road. Officers noticed an odor of alcohol, red/watery eyes, he fumbled with his documents, and he appeared unsteady. Officer noticed a vegetative like substance on the defendant's person that appeared to be marijuana. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test. | |
| Defense: | Officers believed he was impaired by drugs and not alcohol. Under Florida law, to prove DUI, the State must prove what the defendant was impaired by. Under the DUI statute 316.193, it must be either alcohol, a specific chemical, or specific controlled substance and/or combination of the latter. Here, there was no odor of alcohol, no mention of drugs, no alcohol or drugs found. Thus, the State could not prove by what specific substance was impairing the defendant. One cannot just be impaired by "anything.” The cops never sent any of the "vegetative" substances off to the lab for testing. | |
| Result: | The DUI was Dismissed. | |
| Case: 24-CT-044719 | Judge Musselman | |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, mumbled speech, and a fixed gaze. She stated she had consumed two beers, swayed while she stood, and she used the car for balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She 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. | |
| Case: STATE V. M.W. | Judge | |
| Facts: | Robbery with a Firearm | |
| Result: | The defendant was charged with robbery with a firearm. The crime was punishable by life in prison. The defense argued the defendant was misidentified by the victim. The jury found the defendant not guilty. | |
| Case: STATE V. L.R. | Judge | |
| Facts: | Two Counts of Battery on Law Enforcement Officers | |
| Result: | The defendant was charged with two counts of battery on law enforcement officers and facing ten years in prison. The defense was able to establish that the defendant acted in self defense as he was being beaten by the cops and pepper sprayed. The jury found the defendant not guilty on both counts. | |
| Case: STATE V. D.R. | Judge | |
| Facts: | Attempted First Degree Murder and Aggravated Battery | |
| Result: | The defendant was charged with attempted first degree murder and aggravated battery. The defendant stabbed the alleged victim in a bar fight. The accuser made several allegations at trial which were not consistent with his pre-trial deposition testimony. Also, the defense argued self defense since the accuser attacked the defendant first according to eye witness statements. The jury found the defendant not guilty on both counts. If convicted, the defendant would have been sent to prison for the rest of his life. | |
| Case: STATE V. J.O. | Judge | |
| Facts: | Sexual Battery | |
| Result: | The defendant was charged with Sexual Battery. He faced up to 15 years in State prison if convicted. At trial, the victim elaborated her story in that she stated the defendant hit her and ripped her clothes. The detectives did not corroborate her story when they testified. Further, the day after the alleged rape, the victim went to the defendant’s house to confront him. At trial, the defense argued that it was absolutely ridiculous an alleged rape victim would go to the alleged rapist’s house. Along with the contradictions in her story versus the physical evidence brought out on cross examination, the jury found him not guilty. | |
| Case: STATE V. V.F. | Judge | |
| Facts: | Armed Burglary of a Dwelling | |
| Result: | The defendant was charged with armed burglary of a dwelling which was punishable by life in prison. The victim in the case was the defendant‘s estranged relative. On the witness stand, she made one inconsistent statement after another upon repeated questioning by the defense. The jury found her testimony to be not credible and he was found not guilty. | |
| Case: STATE V. V.B. | Judge | |
| Facts: | Possession of Cocaine | |
| Result: | The defendant was charged with possession of cocaine. He faced five years in prison on this third degree felony. All the officers contradicted each other’s testimony when cross examined and the defendant was found not guilty. | |
| Case: STATE V. R.S. | Judge | |
| Facts: | Five Counts of Aggravated Assault with a Deadly Weapon, Aggravated Battery on a Police Officer with a Deadly Weapon | |
| Result: | The defendant was charged with five counts of aggravated assault with a deadly weapon (a car) and aggravated battery on a police officer with a deadly weapon (a car). He faced up to 105 years in prison. At trial on all charges, the defense argued the defendant’s “intent” was to get away from police during the chase, not to cause them fear. The jury found no “intent’ and found him not guilty on all counts. | |
| Case: STATE V. L.H. | Judge | |
| Facts: | Robbery with a Deadly Weapon | |
| Result: | The defendant was charged with robbery with a deadly weapon (to wit: a stick). If convicted, he faced life in prison. The defendant had a lengthy felony record. At trial, a photo pack was shown to the victim who picked the defendant out of the pictures. When the photo pack was shown at trial, the defendant’s head was the smallest and looked nothing like the other five men in the pack. The defense argued misidentification due to the suggestive nature of the pictures. The defendant was found not guilty. | |
| Case: STATE V. M.F. | Judge | |
| Facts: | Attempted First Degree Murder with a Gun | |
| Result: | The defendant was charged with attempted first degree murder with a gun and facing life in prison. The defendant was alleged to have gone over to someone’s trailer to collect money. The defense alleged at trial, the victim pulled a weapon first in a scuffle and the defendant acted in self defense by shooting the individual to protect his life. He was found not guilty. | |
| Case: STATE V. J.C. | Judge | |
| Facts: | Aggravated Assault with a Firearm | |
| Result: | The defendant was charged with aggravated assault with a firearm facing a three year minimum mandatory prison sentence. At trial, the victim, who was the ex-girlfriend of the defendant, stated the defendant pulled a gun on her. She told police the gun was positively black, yet the gun found by police was bright silver. The defendant also testified about their rocky relationship prior the allegation. The defendant was found not guilty. | |
| Case: STATE V. C.T. | Judge | |
| Facts: | Aggravated Battery | |
| Result: | The defendant was charged with aggravated battery which she faced up to 15 years in prison. The defendant testified she and the alleged victim had numerous problems in the past and that the entire story was a lie. Also, the defense pointed out to the jury that the victim had no visible injuries to corroborate her story to the police. The defendant was found not guilty. | |
| Case: STATE V. C.M. | Judge | |
| Facts: | Lewd and Lascivious Sex Acts with a Child Under 16 Years Old | |
| Result: | The defendant was charged with Lewd and Lascivious Sex Acts with a Child Under 16 years old. He faced 30 years in prison. At trial, the defendant testified that he did not commit the acts alleged and that the child was lying due him being a strict step parent. The defense argued that was her motive to lie and fabricate the story. He was found not guilty by the jury. | |
| Case: STATE V. J.G. | Judge | |
| Facts: | Second Degree Murder, Being a Convicted Felon in Possession of a Firearm | |
| Result: | The defendant was charged with second degree murder and being a convicted felon in possession of a firearm. The defendant faced life in prison. The two counts were severed and the State tried the defendant on the felon in possession charge first. At trial, the defense was able to impeach witness after witness as their stories contradicted each others on major points. The primary defense in the case was that the defendant only grabbed the gun and shot the victim out of “necessity” to protect his relative who was getting beat up in the street. The jury found the defendant acted out of “necessity” under the law and found him not guilty. He later received probation and not one day in jail on the murder charge as none of the witnesses were credible after the first trial. | |
| Case: STATE V. A.R. | Judge | |
| Facts: | The defendant was stopped by the police as he was walking down the road to watch a meteor shower on the beach. The police found him to appear suspicious and patted him down. In doing so, they found a glass pipe commonly used for smoking marijuana. The defendant was charged with possession of drug paraphernalia. | |
| Result: | Prior to trial, the defense argued there was no reason to have patted him down under Florida law as he did not appear to be armed and dangerous. Thus, there was unreasonable search and seizure. The charge was Dismissed. Read the paraphernalia was not being used for the purpose of "illicit drug usage." | |
| Case: STATE V. E.S. | Judge | |
| Facts: | Felony Animal Cruelty | |
| Result: | The defendant was charged with felony animal cruelty for allegedly throwing cats out his car window on a busy highway. He faced five years in prison. The defendant testified at the trial that the stray cats were actually hiding under the truck as they always hid under his truck at his trailer park as they did under other cars in the park. The defense also argued it was ridiculous to believe a defendant was throwing cats out his window as the two witnesses testified during rush hour on the busiest street in the county with hundreds of people to see the alleged crime taking place. The jury did not believe the witnesses and the defendant was found not guilty. | |
| Case: STATE V. E.W. | Judge | |
| Facts: | Robbery in the Second Degree | |
| Result: | The defendant was charged with robbery in the second degree and faced up to 15 years in State prison. He was alleged to have robbed a jewelry store. An FBI agent became involved in the case and showed only one picture of a suspect to the victim in the store. That picture just so happened to be the defendant so she said it was him who robbed her. At trial, the defense argued the agent should have showed a photo pack with more than one picture and only showing one photo was very suggestive. The jury agreed and found the defendant not guilty. | |
| Case: STATE V. M.H. | Judge | |
| Facts: | Lewd and Lascivious Act on a Child Under 16 Years Old | |
| Result: | The defendant was charged with Lewd and Lascivious Act on a Child under 16 years old. The defendant faced up to 15 years in prison. At trial, the defendant testified the alleged act never took place and that his teenage daughter hated him for always trying to discipline her. The defense was able to impeach her with her pre-trial testimony numerous times to attack her credibility. The jury believed the defendant and found him not guilty. | |
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