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

Dec 18, 2017 Case: 14-041218MU10A Judge Evans
Facts: The defendant was stopped for running a solid red arrow light. The stopping officer observed signs of impairment and called for a DUI unit. The officer who arrived, observed the defendant to have an odor of alcohol, slurred speech, and he was unsteady. His eyes were glassy and bloodshot and he had trouble answering simple questions. The defendant agreed to perform the HGN (eye test) then refused all further field sobriety tests. He was then arrested for DUI. He later refused the breath test. The defendant was also criminally charged with a second or subsequent refusal to provide a breath test. It should be noted, this was the Defendant's SEVENTH DUI Arrest.
Defense: Parks & Braxton took pretrial depositions of the two officers. Each officer gave conflicting sworn statements about their observations. Thus, both of the officers’ credibility were now called into question. In addition, the firm filed a motion to exclude the defendant's refusal to perform the field sobriety tests because the officer did not to advise him of any adverse consequences for refusing. The Judge then excluded the refusal based on the case law provided by the defense. After reading the two depositions and knowing that the refusal was excluded, the State then Dropped the Defendant's Seventh DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: A6MM10E Judge Vacarro
Facts: A Tampa police officer was summoned, while sitting in traffic, by civilians that the defendant and another individual were fighting. The officer was on his way to work and was in Clearwater. The officer got out of his car and saw the fight in the street. Upon breaking up the fight, he observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant swayed while he stood and admitted drinking vodka. That officer then called for a Clearwater police officer as it was their jurisdiction. Upon arrival, the defendant was then asked to perform field sobriety tests to which he refused. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pretrial motion to suppress the evidence. In our motion we alleged that under Florida Statute 910.15, when there is no crash, an officer must observe every element of a misdemeanor crime for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction, thus he was considered a civilian. The Clearwater officer never saw the defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior to the motion hearing, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-012415 Judge Bryson
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. His face was flushed and he admitted to consuming three drinks. According to the officer, he failed the walk and turn, one leg stand and HGN (eye test) tests and was arrested for DUI. After his arrest, he blew a .094 and .091.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place the defendant's breath test results under the legal limit. Also, there was no video tape at the scene and the officer did not write any specific details outlining the defendant's performance on the field sobriety tests. The State then Dropped the DUI.
Result: The State dropped the DUI.
Dec 15, 2017 Case: 2017-CT-011212 Judge Eissey
Facts: The defendant was stopped because her taillights were not functioning. Upon making contact, the officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. She admitted to having consumed whiskey, was stumbling, and was off balance. She then performed poorly the roadside tasks and was arrested for DUI. She later blew a. 134 and .131 in the breath machine.
Defense: After pre trial negotiations, the State dropped the DUI.
Result: The State dropped the DUI.
Dec 14, 2017 Case: 2017-CT-006068 Judge Valkenburg
Facts: The defendant was involved in a two car crash whereby by his car flipped over. When police and fire rescue arrived, they observed the defendant crawling out of the car. They observed him to have an odor of alcohol, bloodshot eyes, and slurred speech. He appeared confused and off balance. The defendant performed very poorly the roadside tests and was arrested for DUI. He subsequently refused a blood draw. This was the defendant's Second DUi.
Defense: Fire rescue had placed a neck brace on the defendant. The investigating DUI officer asked him to take it off prior to conducting field sobriety tests, shortly after he had been a rollover crash. The officer then had the defendant perform walk and turn and one leg stand exercises. It was obvious from the videotape that the defendant had been injured in the crash and that any impairment was due to the injuries from the crash (ie. neck brace) and not alcohol.
Result: The State dropped the DUI.
Dec 13, 2017 Case: 2017-CT-000754 Judge McGarity
Facts: The defendant was stopped for driving without his seat belt. The officer noticed an odor of alcohol and thick tongued speech. The defendant admitted to drinking 3 beers. An open cold beer was found in the car, along with closed beer cans. He refused to perform the field sobriety tests and was arrested for DUI. He later refused the breath test.
Defense: Parks & Braxton had many pretrial discussions with the State prior to trial.
Result: The State dropped the DUI.
Dec 13, 2017 Case: 2015-CT-000456 Judge Bell
Facts: The defendant was stopped for driving without headlights on. Once stopped, the officer observed the defendant to have an odor of alcohol, an odor of marijuana, bloodshot/glassy eyes, and slurred speech. The defendant admitted to consuming Vodka and he also had an orbital sway. He then performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .199 and .195 in the breath machine.
Defense: After pretrial negotiations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 12, 2017 Case: 17--MM-001420 Judge J. Martin
Facts: THIS IS A BUI CASE – BOATING UNDER THE INFLUENCE. The defendant's boat was boarded by Florida Fish and Wildlife police for a light violation. Upon contact with the defendant, officers noted him to have an odor of alcohol, slurred speech, and talked as if he had a dry mouth. The defendant stated he had drank about 4 to 5 beers, and smoke some pot. Due to the fact the defendant had been out on the water, the officers administered nonphysical field sobriety tests. They included the HGN (eye test), finger to nose, palm pat, and hand coordination tests. He was then arrested for boating under the influence. A search incident to arrest revealed a baggie of marijuana and a pipe. He was also charged with possession of marijuana and possession of paraphernalia. After his arrest, he blew a .109 and .105 in the breath machine.
Defense: The firm noted that each officer had written a different report. On each report, they all made contradictory statements and observations of the defendant. Also, the roadside test report was vaguely written with hardly any specific details. The State Dropped the BUI and the defendant also received no convictions for the two possession charges.
Result: The State dropped the BUI.
Dec 12, 2017 Case: 14-0002369MU10A Judge Lerner-Wren
Facts: The defendant was stopped for straddling the bicycle lane and almost striking other vehicles. The officer noticed the defendant to have an odor of alcohol, red eyes, and a flushed face. The defendant then performed the walk and turn, finger to nose, and HGN (eye test) exercises. For example, on the walk and turn, he missed heel to toe, stumbled, and took an incorrect number of steps. On the finger to nose, he kept his eyes open and missed the tip of his nose. He was then arrested for DUI and later refused the breath test.
Defense: The defendant had a very thick Spanish accent and was also speaking Spanish. The officer, who did not speak Spanish, did not ever call for a translator. It was clear form the tape that there was a language barrier and any impairment was not due to alcohol, but due to the language barrier.
Result: The State dropped the DUI.
Dec 11, 2017 Case: 17-000048TTAXMX Judge Cowden for Judge Riteneour
Facts: The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant stated he had also taken Xanax and muscle relaxers earlier that morning. He was also observed to have been stumbling. The defendant then performed the HGN (eye test) and finger to nose tests. The walk and turn and one leg stand tests were not administered due to the defendant's prior injuries. He was then arrested for DUI. This was the defendant's Second DUI arrest and he was also charged with Second or subsequent refusal to provide a breath test and/or urine test.
Defense: The firm pointed out to the State that the HGN would not be admissible into evidence because the officer was not a DRE (drug recognition expert). In addition, since the officer did not read the defendant his Miranda rights, all of the defendant's statements about the drugs would have been excluded from evidence pursuant to the accident report privilege. Furthermore, there were conflicting stories as to who caused the crash. Finally, the firm pointed out that the video never showed the defendant stumbling or speaking with a slurred/mumbled voice. The State Dropped the DUI and the Second Refusal charge was Dismissed.
Result: The State dropped the DUI.
Dec 6, 2017 Case: 17-CT-006257 Judge Myers
Facts: The defendant was stopped for driving in a reckless manner and speeding. Officers noted the defendant to have an odor of alcohol, slurred speech, and a drowsy appearance. He also had droopy eyelids and red/glassy eyes. He was unsteady and off balance. He then performed the field sobriety tests and was subsequently arrested for DUI. This was the defendant's THIRD DUI arrest this year.
Defense: The video contradicted the officer's reports and this was brought to the State's attention. Just prior to trial, the State Dropped the DUI. It should be noted, Parks & Braxton represented this client on all three of his DUI cases this year. The firm won all three DUI's and the defendant did NOT receive one DUI conviction on his record.
Result: The State dropped the DUI.
Nov 29, 2017 Case: 2017-CT-015660 Judge McNeil
Facts: The defendant was involved in a sideswipe crash. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was making unusual statements and denied drinking. The defendant then performed the walk and turn, one leg stand, and finger to nose tests. He was then arrested for DUI. This was the defendant's Third DUI.
Defense: First, there were two different stories of how the accident occurred and who was actually at fault. Also, the defendant told the officer prior the field sobriety tests that he had a screw in his right ankle from breaking it years ago. In addition, he told him he was under the care of a doctor for the injury. The officer still proceeded to administer the one leg stand and walk and turn tests. The defense provided the medical records as proof to the State. There was doubt as to whether the defendant's alleged impairment was due to alcohol or the injuries he had sustained.
Result: The State dropped the DUI.
Nov 29, 2017 Case: A760BZE Judge Bedinghaus
Facts: The defendant was found the by the police passed out and slumped over the wheel at an intersection. Officers observed the defendant to have bloodshot/glassy eyes, he was very unsteady, and swayed while he stood. The officer, having not observed an odor of alcohol, believed that the defendant was impaired by a chemical and/or controlled substance based on the defendant telling him he had been taking pain medication by the dentist for a dental procedure earlier that week. The defendant then performed the roadside tests. For example, on the walk and turn, he took an incorrect number of steps, stepped off the line, did not touch heel to toe, and lost his balance during the turn. He was then arrested for DUI. He subsequently refused both a breath and urine test.
Defense: The defendant wasn't able to articulate what specific medication he had been taking. Under Florida law, a defendant, to be convicted of DUI, must either be impaired by alcohol and/or a chemical and/or a controlled substance. Here, the State could not prove by which specific chemical and/or controlled substance was impairing the defendant as required by Florida Statute 316.193. This was brought to the State’s attention during pretrial discussions. The State Dropped the DUI to civil traffic infraction
Result: The State dropped the DUI.
Nov 22, 2017 Case: 2017-CT-007425 Judge Cameron
Facts: The defendant was stopped for weaving in and out of his lane of travel. The officer observed an odor of alcohol, slurred speech, and he appeared confused and disoriented. He admitted to having consumed 3 bourbons. The defendant was off balance and stumbled while exiting the car. He then performed very poorly on the field sobriety tasks. For example, he almost fell over while walking the line. The defendant was arrested for DUI and subsequently blew .175 and .170 in the breath machine.
Defense: After pretrial negotiations with the State, they Dropped the DUI short of a trial.
Result: The State dropped the DUI.
Nov 20, 2017 Case: 2017-CT-000558AX Judge Henderson
Facts: The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol and slurred/thick tongued speech. The officer could smell the alcohol from six feet away. The defendant performed the field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.
Defense: It was clear from the officer's reports describing the defendant's performance on the roadside tasks that they were contradictory to the video tape. In fact, the officer had written a females name when describing the roadside tasks, and not the defendant's in certain parts of the report. Thus, the question then became, was the officer writing about this defendant or another. His credibility was now called into question.
Result: The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-031179 Judge T. Brown
Facts: The defendant was stopped for driving with no rear lights illuminated. The officer noticed the defendant to have an odor of alcohol, glassy eyes, and was slow in her movements. She then performed the HGN (eye test), walk and turn, and one leg stand tests. She was arrested for DUI and subsequently blew a .101 and .094 in the breath machine.
Defense: The firm pointed out with the .02 margin of error in the breath machine, one of the defendant's breath tests results would have been under the legal limit. In addition, on video, we pointed out to the State that the officer conducting the roadside tests was a trainee. It was clear from the tape that she was unsure whether to arrest the defendant as she had to consult with the FTO (field training officer) a few times. In addition, on the HGN (eye test), there was no angle of onset in the defendant's eyes prior to 45 degrees. That would indicate, under Tharpe's Formula, the defendant's breath alcohol level would have been under the legal limit.
Result: The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-025541 Judge T. Brown
Facts: The defendant was stopped for speeding and following too closely. The officer noticed the defendant to have an odor of alcohol, watery eyes, and mumbled speech. He also had a flushed face, staggered while walking, and swayed while he stood. He was then asked to perform the field sobriety tests. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton pointed out to the State that the defendant did not speak any English on video tape. Yet, the officer who only spoke English, was trying to get the defendant to understand the instructions to the roadside tests by having read the instructions himself in Spanish from a card. This was a direct violation of the NHTSA rules on roadsides They require that an officer explain and then demonstrate the tests, not hand an instruction card to a defendant. Furthermore, the video contradicted the officer's report as the defendant was not staggering or swaying on tape.
Result: The State dropped the DUI.
Nov 16, 2017 Case: 2017-CT-030408 Judge T. Brown
Facts: The defendant was found by police passed out in his car in a parking lot. Upon awakening the defendant, the officer observed him to have an odor of alcohol and bloodshot eyes. He exited the car slowly and and swayed while he stood. He was then asked to perform the field sobriety tests. According to the officer, he failed and was arrested for DUI.
Defense: The defendant was not in actual physical control of the vehicle even though the engine was running. Per the jury instruction on actual physical control, one has to have the "capability" to operate a motor vehicle. Here, he could not be "capable" of operating the car because he was sleeping. The State dropped the DUI and the defendant received no conviction on his record.
Result: The State dropped the DUI.
Nov 7, 2017 Case: 17-CT-501760 Judge Gill
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had a blank stare. The defendant stated he had drank beer and a bottle of tequila was found in the car. The defendant then performed the HGN (eye test), walk and turn, and one leg stand tests. He was then arrested for DUI and subsequently refused the breath test.
Defense: Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 7, 2017 Case: 2017-CT-022307 Judge Baker
Facts: The defendant was stopped for crossing over the center lane marker and stopping in the middle of the roadway. The officer noticed the defendant to have an odor of alcohol, glassy eyes, lethargic movements, and he admitted to having drank two beers. The defendant then performed the roadside tests. He was then arrested for DUI.
Defense: The officer had wrote in the reports that the walk and turn and one leg stand tests were conducted on a level surface. When the defense watched the video, one could clearly see that the ground was not level and was on a major slant. This was a violation of the NHTSA manual on filed sobriety tests. Further, the officer made the police reports seem like the defendant was a falling down drunk, yet the video tape contradicted those allegations.
Result: The State dropped the DUI.
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