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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RESULTS

OUR RECENT VICTORIES

Apr 30, 2019 Case: 2018-MM-057925 Judge Jacobus
Facts: The defendant was stopped for weaving in and out of traffic and accelerating at a high rate of speed. The officer observed an odor of alcohol, stuttering speech, and he admitted to having had consumed one drink. After refusing the field sobriety tests, he was arrested for DUI.
Defense: The defendant's refusal to perform field sobriety tests was inadmissible because the officer had not advised the defendant of any adverse consequences for refusing as required by Florida case law.
Result: The State dropped the DUI.
Apr 30, 2019 Case: 2018-CT-019322 Judge Farr
Facts: The defendant was stopped for running a stop sign. The officer observed the defendant to have an odor of alcohol, red/glassy eyes, and mumbled speech. According to the officer, he failed all the field sobriety tests and was arrested for DUI. This was the defendant's Third DUI.
Defense: Prior to trial, it was pointed out to the State that the officer's reports contradicted each other. For example on one page, the officer wrote that the defendant was riding a red bike, however, he was actually driving a blue jeep. On another page, he stated that he observed nystagmus in the defendant's eyes prior to 45 degrees during the HGN (eye tests). Yet, on another page, he did not observe any nystagmus. Also, the officer tried to make the defendant out to be a falling down drunk which was contradicted by the videotape. The State Dropped the defendant's Third DUI just prior to trial.
Result: The State dropped the DUI.
Apr 30, 2019 Case: 2018-CT-058468 Judge Babb
Facts: The defendant was stopped for failing to maintain a single lane and having an inoperable tail light. The officer noticed the defendant to have an odor of alcohol, slow/slurred speech, and bloodshot/glassy eyes. She also staggered and swayed. After performing the field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The defendant attempted to blow into the machine numerous times and never actually refused. However, there were numerous problems with the machine each time she attempted to provide a sample. Due to the machine having problems, the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 30, 2019 Case: 2018-CT-051419 Judge Jacobus
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine.
Defense: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and unsure/clumsy movements. His pupils were slightly dilated, speech was slow at times, and he admitted to having drank beer. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later blew a .087 in the breath machine.
Result: The State dropped the DUI.
Apr 26, 2019 Case: 2018-CT-019920 Judge Cunningham
Facts: The defendant was involved in a traffic crash. Officers observed the defendant to have an odor of alcohol, slurred speech, and he was acting erratic. He admitted to having drank 4 beers. He performed very poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .199 and a .196 in the breath machine.
Defense: Through an independent investigation by the firm, we were able to establish that the defendant did not cause and/or contribute to the crash as required by law to prove DUI with a crash. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 23, 2019 Case: 2019-CT-001500 Judge Hanser
Facts: Officers were called to a parking garage where the defendant's vehicle was causing a disturbance by "drifting." Officers stopped the vehicle and noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. He was sweating profusely, uneasy on his feet, and belligerent. The defendant had a Cold & Frosty 6-pack of beer in his vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: In order to stop a vehicle, there must be probable cause to believe an infraction occurred or reasonable suspicion of a crime. Here, the officer lacked both and the State Dropped the DUI.
Result: The State dropped the DUI.
Apr 22, 2019 Case: 2019-CT-056456 Judge Koenig
Facts: The officer was on foot patrol and noticed the defendant in the parking lot of a bar having difficulty walking in a straight line holding a key in his hand. The defendant tried to conceal himself then ducked behind a fence. The officer observed the defendant open the driver’s door and sit in the driver's seat. The officer then made contact and observed an odor of alcohol, mumbling speech, and glassy eyes. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .215 and a .210 in the breath machine.
Defense: An officer must have reasonable suspicion of a crime in order to lawfully detain a person. Here, there were legally insufficient specific articulable facts justifying the officer to detain the defendant as he initially sat down in his seat.
Result: The State dropped the DUI.
Apr 22, 2019 Case: 2019-CT-012045 Judge Koenig
Facts: The defendant was stopped for straddling the lane markers. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy/watery eyes. The defendant had poor dexterity, swayed, and admitted to drinking beer. After performing the field sobriety tests, he was arrested for DUI.
Defense: During the HGN (eye test), an angle of onset in the defendant's eyes was not observed prior to 45 degrees. Under Tharpes formula, this would indicate that the defendant had a breath alcohol level under the legal limit at the "time of driving."
Result: The State dropped the DUI.
Apr 18, 2019 Case: A9EVGYE Judge Riba
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He also had slurred speech, a flushed face, and fumbled with his documents. He was unsteady, swayed, and staggered while outside the car. The defendant refused to perform all of the roadside tasks other than HGN (eye test), and was then arrested for DUI. He later refused the breath test.
Defense: The video contradicted the police reports and this was brought to the State's attention by the firm. On tape, the defendant's speech was normal and he was not off balance or unsteady. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 16, 2019 Case: 2017-CT-012171 Judge Hanser
Facts: The defendant was stopped for driving all over the road and driving into oncoming traffic. The defendant had slow/slurred speech, slow movements, and stumbled a few times. The officer did not smell an odor of alcohol, however, the defendant stated that he had taken Methadone earlier in the day. The defendant performed poorly on the roadside tests and was arrested for DUI. Believing that the defendant was impaired by drugs, he was asked for a urine test to which he refused. This was the defendant's Second DUI.
Defense: Prior to trial, the firm took pretrial depositions of the arresting officer and the State's expert toxicologist. After questioning the two witnesses, the defense established that neither could give an opinion that the defendant was actually impaired by the Methadone. Under Florida law, the State cannot just prove a person is just impaired, it has to be by either alcohol, and/or "specific" chemical and/or "specific" controlled substance. The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Apr 15, 2019 Case: 2019-CT-015534 Judge Koenig
Facts: The defendant was stopped for weaving. Upon contact, the officer observed an odor of alcohol, a flushed face, and bloodshot eyes. The defendant admitted to having consumed numerous vodkas. He swayed while he stood and performed poorly on the roadside tests. He was arrested for DUI and subsequently blew a .123 and a .116 in the breath machine.
Defense: Many of the observations written by the officer in his reports were contradicted by the video tape. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 11, 2019 Case: 2019-CT-011341 Judge Jacobus
Facts: The defendant was stopped for speeding and a broken license plate light. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. The defendant admitted to having come from a bar where he had drank 2-3 drinks. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .157 and a .149 in the breath machine.
Defense: The video contradicted the breath results. In otherwise, his performance on the field sobriety tests clearly showed that his breath alcohol results may have been under the legal limit at the time of driving. It is the theory of absorption and elimination of alcohol through the body.
Result: The State dropped the DUI.
Apr 10, 2019 Case: 0250-XEY Judge Barket
Facts: The defendant was detained by police after he left the scene of an accident for which he was at fault. Officers noticed an odor of alcohol, slurred speech, and lethargic movements. He needed to use the car for balance and support, and he also swayed. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .167 and a .162 in the breath machine.
Defense: The State could not prove that the defendant was the driver at the time of crash as he was outside the car walking around when police arrived. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 9, 2019 Case: 18-CT-504774 Judge Gonzalez
Facts: The defendant was stopped for speeding. He had an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. He stated he had consumed three beers, appeared sleepy, and also had a flushed face. He performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he blew a .132 and a .128 in the breath machine.
Defense: If evidence is destroyed and it is exculpatory, meaning favorable to the defendant, then the State must be penalized. In this case, although requested several times by the firm, the State nor the police ever turned over the roadside video. It turned out through a computer glitch, it never got uploaded properly. Since the defendant claimed he did better on the roadside tests than the officer wrote, the only evidence to support his claim was that tape. Prior to the firm filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and the defendant received No criminal conviction.
Result: The State dropped the DUI.
Apr 9, 2019 Case: 2018-CT-015641 Judge Gutman
Facts: The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and glassy/watery eyes. He had a wristband on from a bar and also had lethargic movements. The defendant stated he had a few drinks and then performed field sobriety tests, which were not video taped. He was arrested for DUI and later refused the breath test.
Defense: Since there was no video, it was pointed out to the State by the firm that the officer did not write any specifics as it related to the roadside tasks. Also, the trooper never even made any attempts to call for a patrol car with a dash camera. The State Dropped the DUI.
Result: The State dropped the DUI.
Apr 4, 2019 Case: 18-004146MU10A Judge Diaz
Facts: The defendant was stopped for speeding and swerving within his lane. The officer noticed an odor of alcohol, bloodshot eyes, and he stated he had drank two beers. After performing poorly on the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .138 and a .133 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was unlawfully detained without reasonable suspicion of a crime. After the defense cross examined the officer, the court Granted the motion based on a lack of credibility of the officer. Since all of the evidence in the case was thrown out, the State Dismissed the DUI.
Result: The DUI was dismissed.
Apr 3, 2019 Case: 18-CT-001321 Judge Hill
Facts: A caller dialed 911 stating someone was sleeping in a truck on her property. When police arrived, they found the defendant sleeping the pickup truck with engine on. The officers, upon awakening the defendant, observed an odor of alcohol, slurred speech, and she was non responsive to questions. Her eyes were bloodshot and she was very unsteady. Liquor was found in the car and she admitted to consuming a lot of alcohol. After performing poorly on field sobriety tests, she was arrested for DUI. She later refused the breath test.
Defense: The State could not prove that the defendant was in actual physical control because she had no capability to operate the truck while sleeping. The DUI was Dismissed by the State.
Result: The DUI was dismissed.
Apr 2, 2019 Case: 2018--CT-505068 Judge Adams
Facts: A caller dialed the police to report that the defendant almost struck his vehicle and when he confronted him, the defendant appeared intoxicated. When police arrived, they saw the defendant pulling out and they stopped him. They observed an odor of alcohol, slurred speech, and he could not even stand up when outside the car. The defendant was unable to maintain his balance and almost fell. He denied drinking and admitted to taking prescribed medicine which were controlled substances. No roadsides were conducted for safety purposes. He was then arrested for DUI. He later refused the breath test, however, he provided a urine sample.
Defense: The FDLE urine sample results contradicted the officer's initial conclusions.
Result: The State dropped the DUI.
Apr 1, 2019 Case: 2018-CT-020567 Judge Hanser
Facts: The defendant was stopped for failure to maintain a single lane and speeding. The officer observed an odor of alcohol, extremely slurred/mumbled speech, and glassy eyes. He had a difficult time getting out of the vehicle and his reaction time was delayed. The defendant denied drinking alcohol and refused to perform any roadside tests other than HGN (eye test). He was arrested for DUI and later refused the breath test.
Defense: The video contradicted the police reports as to the level of intoxication as written in the reports by the officer.
Result: The State dropped the DUI.
Mar 26, 2019 Case: 2018-CT-017242 Judge - Senior Judge for Judge Lefler
Facts: The defendant was stopped for speeding and following too closely. The officer noticed an odor of alcohol and bloodshot eyes. She used the car for balance and had difficulty following instructions. After performing the roadside tests, she was arrested for DUI. After her arrest, she blew a .137 and a .135 in the breath machine.
Defense: The defendant's performance on the roadside tests contradicted her breath test level. The video clearly showed that the defendant's breath alcohol level was lower at the time of driving.
Result: The State dropped the DUI.
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