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

CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

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 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 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 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.
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 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: 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 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: 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: 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 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: 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 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.

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