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.

	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. 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.

	Case: STATE V. J.M.	Judge
Facts:	Felony Leaving the Scene of an Accident
Result:	The defendant was charged with felony leaving the scene of an accident. He faced up to five years in prison. At trial, the defense argued the defendant did not leave the scene and simply went down the road to call for help. The jury found him not guilty.

	Case: STATE V. C.S.	Judge
Facts:	Aggravated Battery with a Deadly Weapon
Result:	The defendant was charged with aggravated battery with a deadly weapon (a knife). He faced up to 15 years in State prison. The defendant was cab driver who picked up some drunken men. They got very rowdy in the cab and he asked them to get out. The men refused ton leaved the taxi and they all jumped him. He then pulled a knife in self defense cutting one of the men. At trial on cross examination, all the men in cab gave different versions of what happened outside the taxi prior to and during the stabbing. The jury found him not guilty.

	Case: STATE V. H.M. (NOT JURY TRIAL)	Judge
Facts:	Felony Fleeing, Eluding the Police
Result:	The defendant was charged with felony fleeing and eluding the police and faced up to five years in prison. The defendant received no felony conviction on his record, no probation, and not one day in jail.

	Case: STATE V. R.R.	Judge
Facts:	Sexual Battery, Burglary with an Assault and Battery
Result:	The defendant was charged with Sexual Battery and Burglary with an Assault and Battery. He faced Life in prison. At trial, the alleged victim testified that her underwear was ripped, that she scratched the defendant’s back causing severe marks, and that he broke in without permission. The two did know each other. The defendant testified she let him in the house after calling him to come over that night and the sex was consensual. Upon cross examination of the lead detective, he testified he found no ripped underwear and no scratches on the defendant’s back corroborating the victim’s story. The defendant was found not guilty on all counts.

	Case: STATE V. J.L.	Judge
Facts:	Loitering, Prowling
Result:	The defendant and his passenger were parked at 3:22 a.m. behind a series of closed businesses. As an officer approached, the defendant drove away. The officer followed the defendant and eventually stopped him driving in reverse down an alley. A hammer, gloves and a chisel were found in the vehicle. The defense filed a motion to suppress based on an unlawful stop. The motion was granted and the evidence was thrown out.

	Case: STATE V. A.F.	Judge
Facts:	Armed Robbery
Result:	The defendant was charged with armed robbery facing 30 years Florida state prison. The defense had the charges reduced to battery, and the defendant received no jail.

	Case: STATE V. D.G.	Judge
Facts:	The defendant was charged with Carrying A Concealed Firearm & Obstruction Of Justice.
Result:	The defendant approached the officers while they were investigating a possible drug transaction. The defendant began to question why the officers were "messing" with the subject. After requesting the defendant to leave the area he was eventually taken into custody for obstruction of justice. A pat down search later revealed a fully loaded 9mm firearm. After conducting an independent investigation and deposing each of the witnesses, the defendant was not convicted of any charges. The gun was returned to the defendant.

	Case: STATE V. G.M.	Judge
Facts:	The defendant was arrested on charges of child abuse, aggravated battery and domestic violence.
Result:	The defendant was alleged to have struck his spouse. His children were supposedly present when the aggravated battery took place. The defense was successful in having all charges dismissed.

	Case: STATE V. A.G.	Judge
Facts:	The defendant was charged with grand theft for allegedly stealing money from his employer. If convicted, the defendant faced up to five years in prison.
Result:	The defendant only received one day of probation and no felony conviction on his record.

	Case: STATE V. C.O.	Judge
Facts:	The defendant was charged with possession of cocaine. He allegdly threw down a baggie of cocaine after being stopped for driving recklessly. He faced up to 5 years in prison for the third degree felony.
Result:	The defendant received NO felony conviction and only had to pay court costs.

	Case: STATE V. S.M.	Judge
Facts:	The defendant was stopped for running a stop sign. The officer smelled burning marijuana from the car. The defendant admitted smoking the pot and also swallowed some of it. The officer also found more pot and cocaine in the car. The defendant was arrested for possession of marijuana, possession of cocaine, and destruction of evidence.
Result:	The defendant received no felony convictions on his record and no jail time.

	Case: STATE V. R.N.	Judge
Facts:	The defendant was charged with possession of marijuana. After a lawful traffic stop, the officer observed the pot in the car. There were two individuals in the car, including the defendant. No one admitted to ownership of the drugs.
Result:	On the day of trial, the defense showed the State the case law supporting our position that the defendant could not have been in constructive possession of the of the drugs. The State dismissed all the charges.

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