Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense

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ALSO SERVING MARTIN, ST. LUCIE & INDIAN RIVER COUNTIES
Local
Call 24/7 Nights, Weekends & Holidays
Free Consultations

DUI CASE RESULTS

OUR RECENT DUI VICTORIES

Jan 21, 2025 Case: 24-CT-047530 Judge Skinner
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-400419 Judge D. Johnson
Facts: The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine.
Defense: The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-011420 Judge Gutman
Facts: The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test.
Defense: After conversations about the case just prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-011792 Judge Gutman
Facts: The defendant was the at fault driver in a front bumper to front bumper crash because he was driving the wrong way. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant performed various roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant Second DUI.
Defense: Many observations written in the reports were contradicted by the video. After negotiations, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-010797 Judge Gutman
Facts: The defendant was stopped for swerving, running a stop sign, and speeding. Officers noticed an odor of alcohol, slurred/slow speech, and glassy eyes. He provided incorrect paperwork, swayed while he stood, and stated he had consumed three alcoholic beverages. After performing the HGN (eye tests), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-013299 Judge Gutman
Facts: The defendant was stopped after he was weaving and nearly struck a concrete barrier. Officers noticed an odor of alcohol, several open beer bottles in the cabin of the truck, and bloodshot eyes. His speech was slurred and he was unable to answer basic questions. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After several negotiations regarding the case, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 14, 2025 Case: 24-CT-002096 Judge
Facts: The defendant was alleged to have been the at fault driver in a traffic crash. Officers noticed an odor of alcohol, a flushed face, swaying, and staggering. His speech was slurred and he appear disheveled. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: On video, the defendant was blaming his girlfriend as being the driver and she was blaming him for being the driver. The civilian witnesses could not make a positive ID who was driving at the time of the crash. The officers tried to pull video from the WAWA but couldn't. After negotiations, the State could not prove who was driving at the time of the crash and they Dismissed the DUI.
Result: The DUI was dismissed.
Jan 14, 2025 Case: 24-CT-502689 Judge George
Facts: The defendant was stopped for making an illegal U-turn. Officers observed an odor of alcohol, an odor of marijuana, slurred speech, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 10, 2025 Case: 24-CT-003245 Judge Gould
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, sluggish speech, a flushed face, droopy/glassy eye lids, and he admitted to having consumed a beer and one Jack Daniels after playing golf. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later refused a breath test.
Defense: The firm announced ready for trial. Just prior to the trial date, we pointed out to the State that the officer had the defendant, who is 71 years old, do the walk and turn and one leg stand, even though he told them on tape he had two hip replacements and ankle/foot issues. In addition, his speech was normal on tape and not sluggish, he was not off balance, totally responsive and coherent, and very polite. The firm had also listed the three witnesses who he had played golf with were ready to testify that the defendant was not impaired when he left the golf club just prior to the crash. The State Dropped the DUI a few days before the trial date.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-012800 Judge Rich
Facts: Facts: A call was made that the defendant appeared intoxicated at a convenience store. Officers found the defendant and observed an odor of alcohol, very slurred speech, and he was disoriented. He had bloodshot eyes and appeared unsteady. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: When officers located the defendant in the parking lot, they did not observe an indicators of intoxication. When they pulled up they turned their overhead lights on a blocked him in. Thus, the firm raised the issue with the State that there was an unlawful detention because one cannot feel free to leave when blocked in by a police car with lights on. The State Agreed and Dropped his Second DUI.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-013684 Judge Rich
Facts: The defendant was stopped for swerving and straddling lane markers. Officers noticed an odor of alcohol, red/glassy eyes and he denied drinking alcohol. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Many observations written about the defendant's performance on the roadside tests were exaggerated as compared to the video tape. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-012400 Judge Rich
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy eyes, and slurred speech. He appeared unsteady and stated that he had consumed several drinks at a club. He performed poorly on roadside tests and was arrested for DUI. He later blew a .172 and .167 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-012609 Judge Rich
Facts: The defendant was stopped after traveling the wrong way on a one-way street. Officers observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. He was unsteady and had a wristband on from a bar. He performed various field sobriety tests and was arrested for DUI. He later blew a .101 and .098 in the breath machine. This was the defendant's Second DUI.
Defense: On tape, the defendant's speech was not slurred and he was not unsteady. Many observations written in the police reports were contradicted by the video tape. In addition, due the .02 margin of error in the breath machine, we are able to place one of his breath results under the legal limit. The State Dropped his Second DUI.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CM-008904 Judge Scott
Facts: The defendant was stopped for speeding, weaving within his lane, and being over the lane markers. Officers noticed an odor of alcohol, confusion, bloodshot eyes, and he admitting to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 9, 2025 Case: 24-CT-502647 Judge Paluck
Facts: The defendant was involved in a traffic crash where she was found to not be at fault. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. She performed poorly on field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand, and was arrested for DUI. She later blew a .125 and .119 in the breath machine.
Defense: The firm provided mitigating evidence to the State regarding the defendant and they Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-042259 Judge Koenig
Facts: Police were called to do a welfare check on the defendant as the defendant's ex-boyfriend stated she was going to do harm to herself. Officers responded and found the defendant in the driver's seat. They observed an odor of alcohol, slurred speech, and glassy eyes. An open container of wine was found in the front seat. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath. This was the defendant's Third DUI.
Defense: After discussions with State about the defendant and the underlying basis of welfare check call, the State Dropped the defendant's Third DUI.
Result: The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-042502 Judge T. Brown
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and slow/lethargic movements. He also appeared clumsy and had bloodshot eyes. He performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2025 Case: 24-CT-042515 Judge T. Brown
Facts: The defendant crashed his vehicle into a light pole. Officers noticed an odor of alcohol, watery eyes, slurred speech, and a flushed face. The defendant performed very poorly on field sobriety tests. He also admitted on video tape to being intoxicated. He was arrested for DUI and later blew a .161 and .160 in the breath machine.
Defense: After negotiations and providing mitigating evidence to the State, they Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2025 Case: 23-CT-057754 Judge Musselman
Facts: Officers were called to a single motorcycle accident to which the defendant was driving. The defendant was taken to the hospital before officers arrived. After speaking to the witness who saw the crash and identified the defendant as the driver, officers then went to the hospital. They observed an odor of alcohol and he stated he had drank a few beers. No field sobriety tests were conducted due to him being in the hospital. Later on, the State attempted get his medical blood from the hospital. It revealed an alcohol level almost three times the legal limit( i.e. .213). He was then charged by the State with DUI.
Defense: After several conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 8, 2025 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.

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