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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Free Consultations
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RESULTS

OUR RECENT VICTORIES

Sep 24, 2018 Case: 16-022352MU10A Judge Evans
Facts: The defendant was the at fault driver in a hit and run crash. A call went out with a description of the defendant's vehicle. An officer spotted it and observed the defendant's vehicle with no headlights. The officer had to use his lights and sirens to get the defendant to finally stop. Upon contact, the officer observed an odor of alcohol, he appeared slow and confused, had slurred speech, and he was very unsteady. Damage was also observed on the vehicle. The defendant refused to perform field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. He was also charged with leaving the scene of an accident where four people were hurt, driving with a suspended license, and Second refusal to take breath test.
Defense: Parks & Braxton filed a motion to exclude the refusal to perform roadside tests because no adverse consequences were given. The firm relied on the lead appellate case in Florida, State v. Thrift, in which Parks & Braxton had argued successfully on appeal, that without adverse consequences being given, the refusal to perform field sobriety tests should be inadmissible. Also, the arresting officer testified in a pretrial deposition taken by the firm, that a video recorded the defendant at the station. The firm then subpoenaed the records custodian of all videos from the police department who testified at a deposition that there was no video. Thus, the officer was caught in a lie. The State the Dropped the DUI.
Result: The State dropped the DUI.
Sep 13, 2018 Case: 2018-CT-003378 Judge Weis
Facts: The defendant was stopped for cutting in front of an officer and speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared unsteady. The defendant had thick tongued speech and stated that he had consumed a beer and a shot. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: The video contradicted the officer's reports in many ways which was pointed out to the State. For example, the defendant's speech was not thick tongued and he did not appear unsteady. Also, the officer exaggerated the defendant's level of impairment on the field sobriety tests in his reports which was contradicted by the tape.
Result: The State dropped the DUI.
Sep 12, 2018 Case: 2018-CT-000100 Judge Myers
Facts: The defendant was stopped for speeding, weaving all over the road, and failing to drive through light cycles. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. She exhibited unstable balance and kept repeating herself. The defendant was arrested after performing the field sobriety tests. She subsequently blew a. 138 and a .138 in the breath machine.
Defense: The defendant's performance on the field sobriety tests contradicted her breath test results and clearly showed she was under the legal limit at the time of driving. Also, on tape the defendant's speech was not slurred and she was not off balance.
Result: The State dropped the DUI.
Sep 6, 2018 Case: 2018-CT-1091 Judge Carr
Facts: Officers responded to the scene of a disturbance and an accident. The officer observed the defendant to have an odor of alcohol, a flushed face, and glassy eyes. The defendant admitted to drinking 5 beers over a four hour period. After performing the roadsides, he was arrested for DUI and subsequently blew a .082 in the breath machine.
Defense: Due to the .005 and also the .02 margin of error in the breath machine, the defense was able to place the defendant under the legal limit.
Result: The State dropped the DUI.
Sep 5, 2018 Case: 2018-CT-001042 Judge Crown
Facts: The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank two glasses of wine. She then performed the field sobriety tests on video tape and was arrested for DUI. After her arrest, she blew a 114 and a .117 in the breath machine.
Defense: The defendant's video tape contradicted the all the police reports.
Result: The State dropped the DUI.
Sep 4, 2018 Case: 2018-CT-013439 Judge T. Brown
Facts: The defendant was found passed out in this car in a mall parking lot. When officers approached, the they had to bang on the window several times to finally get him to respond. Once he opened the door, the officers observed an odor of alcohol, mumbled speech, and glassy eyes. He swayed as he stood, stumbled, and admitted to drinking. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test.
Defense: On video, when asking the defendant to perform the field sobriety tests, they misstated the law. Thus, their actual knowledge of the DUI laws in Florida were called into question. Also, the defendant was not in actual physical control because he was sleeping in his car. The State Dropped the DUI.
Result: The State dropped the DUI.
Aug 30, 2018 Case: 2018-CT-013388 Judge Baker
Facts: The defendant was stopped after a 911 caller called in that the defendant was driving all over the roadway. Once contact was made, the officer smelled an odor of alcohol, observed slow/mumbled speech, and dilated pupils. He also had a flushed face, slow movements, and he swayed. The officer observed several small bottles of Jim Beam alcohol in the defendant's vehicle. The defendant stated he had drank beers prior to driving. He then performed poorly on the field sobriety tests on video and was arrested for DUI.
Defense: Pretrial, the firm provided several pieces of favorable evidence provided by the defendant to the State. After a review, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 28, 2018 Case: 2018-CF-004382 Judge Kest
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant's movements were slow and sluggish, his face appeared droopy, and he admitted to having drank beers. The defendant refused to perform field sobriety tests. He was arrested for DUI. In addition, he was charged with Possession of cocaine as officers found a baggy with cocaine in his car. This was the defendant's Second DUI.
Defense: The officer believed the defendant was impaired by cocaine. However, if the defendant was impaired by cocaine, he certainly would not have been acting slow and sluggish. No DRE (drug recognition exam) was ever conducted. The State Dropped the DUI and the defendant received No felony conviction on the possession charge.
Result: The State dropped the DUI.
Aug 28, 2018 Case: A94VXLE Judge Riba
Facts: Officers were called to the scene for a welfare check in a gas station parking lot. They found the defendant sitting in his car texting. Upon exiting the car, the officers noticed the defendant to have an odor of alcohol, slurred speech, and watery eyes. He admitted to consuming two Long Island Iced Teas and had trouble maintaining his balance. The defendant only performed the HGN (eyes test) and finger to nose exercises, due to a knee injury. He was then arrested for DUI and subsequently refused the breath test.
Defense: There was no legal basis set forth in the reports, or the video tape, as to why the officers were conducting a welfare check on the defendant. Thus, there was no legal basis for ordering him to exit his car. Also, the officers wrote very vague police reports. For example, there were no specifics as to what the defendant did wrong on the finger to nose.
Result: The State dropped the DUI.
Aug 28, 2018 Case: 18-007792MU10A Judge Pole
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and the defendant admitted to consuming 2 Heineken beers. He was then asked to perform field sobriety tests. According to the officer, he failed the HGN (eye test), one leg stand and walk and turn exercises and was arrested for DUI. He subsequently refused the breath test.
Defense: Parks & Braxton announced ready for trial. On the day of trial, case law was given to the State. It stated that a mere odor of alcohol does not rise to the level of reasonable suspicion of a crime to legally request field sobriety tests. Thus, all the roadsides would have been thrown out. The State Dropped the DUI on the day of trial and the defendant received No criminal conviction on his record.
Result: The State dropped the DUI.
Aug 21, 2018 Case: 16-024052MU10A Judge Lerner-Wren
Facts: The defendant was stopped for speeding for driving 90 mph in a 65 mph zone. The officer observed an odor of alcohol, slurred speech, a flushed face, and watery/bloodshot eyes. The defendant admitted to drinking beer. He then performed the HGN (eye test), one leg stand, walk and turn, and finger to nose exercises. He was then arrested for DUI and subsequently refused to provide a breath sample.
Defense: The firm announced ready for jury trial. There was no video at the scene and the officer's reports only vaguely described the defendant's performance on the field sobriety tests with no specifics. Also, the video at the station was blurry and one could only hear the defendant. His speech sounded normal versus what the officer put in his report. On the day of trial, the State Dropped the DUI and the defendant received no criminal conviction on his record.
Result: The State dropped the DUI.
Aug 17, 2018 Case: 2018-CT-005854 Judge Eissey
Facts: The defendant was stopped for having an obstructed tag. The officer noticed the defendant to have an odor of alcohol, red/glossy eyes, and she appeared confused. The defendant changed her story about where she was that night and admitted to drinking. After performing the roadside tasks, she was arrested for DUI.
Defense: English is the defendant's second language. It was evident that she did not fully understand many of the officer's instructions being given in English. Due to the language barrier, it was clear that her performance on the tests was due to the language issue versus alcohol.
Result: The State dropped the DUI.
Aug 17, 2018 Case: 2018-CT-002187 Judge Eissey
Facts: Officers received a call about a reckless driver. The officer spotted the vehicle in question, which was driven by the defendant, and observed him swerving all over the road. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The defendant would stare into space and had to be asked the same question multiple times. He performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: The defendant told the officer he had many injuries which would prevent him from performing the walk and turn and one leg stand tests. However, the officer still had him perform them on the side of the highway very close to traffic. It was obvious from the tape, that his poor performance was due to the conditions on the highway and his injuries.
Result: The State dropped the DUI.
Aug 17, 2018 Case: 2018-CT-006683 Judge Eissey
Facts: The defendant was stopped after she drove off the roadways and almost struck several parked cars. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .172 and a .167 in the breath machine.
Defense: After a review of all the discovery and video tape, it became apparent that the defendant only swerved briefly and didn't come close to any parked cars. Thus, the stop may have been unlawful.
Result: The State dropped the DUI.
Aug 16, 2018 Case: A2FJKXP Judge Murray
Facts: The defendant was stopped for speeding through a police checkpoint. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew. a .150 and a .143 in the breath machine.
Defense: The defendant's performance on the roadside tests, which were captured on a body worn camera, clearly showed the defendant was under the legal limit at the time of driving.
Result: The State dropped the DUI.
Aug 15, 2018 Case: 2018-CT-006865 Judge Mcneil
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, fumbling fingers, and watery eyes. After performing the field sobriety tests on video tape, he was arrested for DUI. He subsequently refused the breath test.
Defense: The video contradicted the officer's reports as to the defendant's speech and his performance on the field sobriety tests.
Result: The state dropped the DUI.
Aug 14, 2018 Case: 2018-CT-001077 Judge K. Roberts
Facts: Police were called out to a Publix shopping center in regards to an intoxicated individual passed out in his car. When police arrived, they were confronted by the two civilians who contacted them. They pointed him out and told the cops he was very intoxicated and that he had just thrown a bottle of alcohol away. The defendant, who was standing across the street, walked over to the officers. They observed him to have an odor of alcohol, slurred speech, bloodshot eyes, and he was very unsteady. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .107 in the breath machine. This was the defendant's Second DUI arrest.
Defense: Parks & Braxton filed a pretrial motion to suppress. The basis of our motion was that the arrest was unlawful pursuant Florida Statute 901.15. Since no officer observed the defendant driving or in actual physical control, the fellow officer rule did not apply, even though civilians saw the defendant behind the wheel. The State read the motion and before the hearing date, the DUI was Dismissed. It should be noted that the firm beat the Defendant's last DUI too.
Result: The DUI was dismissed.
Aug 14, 2018 Case: 2018-CT-010317 Judge Lefler
Facts: The defendant was stopped for having a tail light that was out. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and then performed the field sobriety tests. He was then arrested for DUI.
Defense: The officer had no video camera. His reports did not list any specifics of the defendant's performance on the field sobriety tests. In addition, the officer actually believed the defendant may have been impaired by a chemical and/or controlled substance with no facts to back up his conclusion.
Result: The DUI was dismissed.
Aug 10, 2018 Case: 2018-CF-001530 Judge D. Weiss
Facts: An officer observed the defendant swerving and almost striking other vehicles. The officer attempted to initiate a traffic stop, but the defendant did not pull over. The officer then activated his sirens and air horns, along with his lights. He followed the defendant for over 4 miles until the pursuit was called off for safety reasons. The defendant was found in his parking garage shortly after that by other units after his tag had been called in. Officers observed the defendant to have an odor of alcohol, slurred speech, and he admitted to having consumed martinis. He performed very poorly on the roadside tests. He was arrested not only for DUI, but Felony Fleeing and Eluding as well.
Defense: The firm took a pretrial deposition of the arresting officer. During our questioning, we were able to establish that the defendant did not speed up or attempt to take any evasive actions. The defendant is elderly and it was apparent he was simply oblivious to the police car. The officer also could not remember many specifics of the field sobriety tests. After the deposition, the State agreed to Drop the felony fleeing and eluding to a misdemeanor and also Drop the DUI.
Result: The State dropped the DUI.
Aug 10, 2018 Case: 2018-CT-022952 Judge Harper
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red/droopy eyes, and a flushed face. The defendant swayed as she stood and stumbled. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew a .187 and .184 in the breath machine.
Defense: During the breath test, there were errors which called the reliability of the results into question.
Result: The State dropped the DUI.
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