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

Oct 17, 2014 Case: 2014-CT-013054AXXX Judge Damico
Facts: The defendant was involved in a one car crash in which he hit a utility pole. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. The defendant appeared unstable and off balance. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, the officer found a little bottle of rum in the defendant's pant's pocket. Later at the station, he refused the breath test.
Defense: Parks & Braxton had pre-trial negotiations with the State prior to trial.
Result: The State dropped the DUI.
Oct 16, 2014 Case: 2014-CT-066615 Judge Conrad
Facts: The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. That officer then called for a DUI unit to come to the scene. The DUI officer made similar observations in addition to observing the defendant swaying and leaning leaning against his car. The defendant refused to perform the roadside tasks on video tape and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the observations alleged in the reports were contradicted by the video tape. Also, we pointed out to the State that on the DUI unit's video tape, that officer mentioned that the officer who made the traffic stop had an operational camera which would have captured all the initial contact, observations, and the defendant's driving. However, that video tape was never uploaded, copied, or created.
Result: The State dropped the DUI.
Oct 16, 2014 Case: 8294-XEU Judge Denaro
Facts: The defendant was kicked out of a bar for being intoxicated. An officer was called to the scene and observed the defendant swaying as he walked and then attempting to get on his motorcycle. The defendant then mounted his motorcycle and attempted to start the engine. The officer approached the defendant and ordered him to get off the bike. The officer then observed an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the officer had no reasonable suspicion of a crime based on the limited facts and observations known to the officer before ordering the defendant off his bike. After negotiations prior to trial the State Dropped the DUI .
Result: The State dropped the DUI.
Oct 16, 2014 Case: 8294-XEU Judge Denaro
Facts: The defendant was kicked out of a bar for being intoxicated. An officer was called to the scene and observed the defendant swaying as he walked and then attempting to get on his motorcycle. The defendant then mounted his motorcycle and attempted to start the engine. The officer approached the defendant and ordered him to get off the bike. The officer then observed an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton pointed out to the State that the officer had no reasonable suspicion of a crime based on the limited facts and observations known to the officer before ordering the defendant off his bike. After negotiations prior to trial the State Dropped the DUI .
Result: The State dropped the DUI.
Oct 16, 2014 Case: 2014-CT-066615 Judge Conrad
Facts: The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. That officer then called for a DUI unit to come to the scene. The DUI officer made similar observations in addition to observing the defendant swaying and leaning leaning against his car. The defendant refused to perform the roadside tasks on video tape and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton pointed out to the State that the observations alleged in the reports were contradicted by the video tape. Also, we pointed out to the State that on the DUI unit's video tape, that officer mentioned that the officer who made the traffic stop had an operational camera which would have captured all the initial contact, observations, and the defendant's driving. However, that video tape was never uploaded, copied, or created.
Result: The State dropped the DUI.
Oct 8, 2014 Case: 2014-CT-016153AXXX Judge Johnson
Facts: The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. The defendant admitted to having two beers. According to the officer, she failed the field sobriety tests which were not video taped and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial discussions with the State.
Result: The state dropped the DUI.
Oct 8, 2014 Case: 2014-CT-016153AXXX Judge Johnson
Facts: The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. The defendant admitted to having two beers. According to the officer, she failed the field sobriety tests which were not video taped and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton had pre-trial discussions with the State.
Result: The state dropped the DUI.
Sep 30, 2014 Case: 2014-CT-307448 Judge Davidson
Facts: The defendant was involved in a one car crash. She backed her car into a chain in a boat docking area. The crash shattered the entire back window. When the officer arrived, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and she swayed while standing. According to the officer's report, the defendant could barely keep her balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Officers found several beer bottles in the defendant's car in a search incident to arrest.
Defense: Parks & Braxton had pre-trial discussions with the State prior to trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-MM-017577 Judge Koenig
Facts: The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, a flushed face, and glassy/watery eyes. He swayed and stumbled as he talked to the officer. The defendant stated he had drank a couple of beers. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton conducted pre-trial negotiations with the prosecutor before setting the case for trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-CT-307448 Judge Davidson
Facts: The defendant was involved in a one car crash. She backed her car into a chain in a boat docking area. The crash shattered the entire back window. When the officer arrived, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and she swayed while standing. According to the officer's report, the defendant could barely keep her balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Officers found several beer bottles in the defendant's car in a search incident to arrest.
Defense: Parks & Braxton had pre-trial discussions with the State prior to trial.
Result: The State dropped the DUI.
Sep 30, 2014 Case: 2014-MM-017577 Judge Koenig
Facts: The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, a flushed face, and glassy/watery eyes. He swayed and stumbled as he talked to the officer. The defendant stated he had drank a couple of beers. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton conducted pre-trial negotiations with the prosecutor before setting the case for trial.
Result: The State dropped the DUI.
Sep 23, 2014 Case: 12-014922MM10A Judge Gonzalez-Levine
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, lethargic movements, and bloodshot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he lost his balance during the instructions, missed heel to toe, and stepped off the line. On the one leg stand test, the defendant swayed, put his foot down a few times, and raised his arms for balance. After his arrest, he refused the breath test on video tape. The officer did not have an in car video camera to capture the investigation at the scene.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer since there was no video tape evidence at the scene. In his deposition, the officer contradicted himself and could not provide numerous specific details relating to the investigation prior to the defendant's arrest. The firm then announced ready for jury trial. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 23, 2014 Case: 12-014922MM10A Judge Gonzalez-Levine
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, lethargic movements, and bloodshot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he lost his balance during the instructions, missed heel to toe, and stepped off the line. On the one leg stand test, the defendant swayed, put his foot down a few times, and raised his arms for balance. After his arrest, he refused the breath test on video tape. The officer did not have an in car video camera to capture the investigation at the scene.
Defense: Parks & Braxton took a pretrial deposition of the arresting officer since there was no video tape evidence at the scene. In his deposition, the officer contradicted himself and could not provide numerous specific details relating to the investigation prior to the defendant's arrest. The firm then announced ready for jury trial. On the day of trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 19, 2014 Case: 2014-CT-007003AXXX Judge Hanser
Facts: The defendant crashed his car into some bushes while driving at a high rate of speed. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. He admitted to drinking 4-5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had several discussions with the prosecutor handling the case prior to trial.
Result: The State dropped the DUI.
Sep 19, 2014 Case: 2014-CT-007003AXXX Judge Hanser
Facts: The defendant crashed his car into some bushes while driving at a high rate of speed. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. He admitted to drinking 4-5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton had several discussions with the prosecutor handling the case prior to trial.
Result: The State dropped the DUI.
Sep 17, 2014 Case: 9704-XEQ Judge Altfield
Facts: The defendant rear ended a car while the vehicle was stopped at a red light. The crash was so hard that it caused that car to roll over and then hit another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and he appeared sleepy. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The State initially charged the defendant in circuit court with Felony DUI causing serious bodily injury to another person.
Defense: Parks & Braxton had discussions with the State about the weaknesses of the DUI case. We pointed out that no specific injuries were set out in any reports with any amount of detail. Also, the firm pointed out to the State that officer wrote a very short and vague report relating to the entire DUI investigation. After those talks, the State then sent the Felony DUI case from circuit court down to the county court. The defense then announced ready for trial. On the the day of jury trial, the State Dropped the DUI out right.
Result: The State dropped the DUI.
Sep 17, 2014 Case: 9704-XEQ Judge Altfield
Facts: The defendant rear ended a car while the vehicle was stopped at a red light. The crash was so hard that it caused that car to roll over and then hit another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and he appeared sleepy. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The State initially charged the defendant in circuit court with Felony DUI causing serious bodily injury to another person.
Defense: Parks & Braxton had discussions with the State about the weaknesses of the DUI case. We pointed out that no specific injuries were set out in any reports with any amount of detail. Also, the firm pointed out to the State that officer wrote a very short and vague report relating to the entire DUI investigation. After those talks, the State then sent the Felony DUI case from circuit court down to the county court. The defense then announced ready for trial. On the the day of jury trial, the State Dropped the DUI out right.
Result: The State dropped the DUI.

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