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

ALSO SERVING MARTIN, ST. LUCIE & INDIAN RIVER COUNTIES
Call 24/7 Nights, Weekends & Holidays
Free Consultations
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 4, 2012 Case: 3456-XDK Judge Hague
Facts: The defendant was stopped for failing to maintain a single lane while affecting other traffic. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the walk and turn test poorly, the defendant refused further roadside testing and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton were ready for trial after taking a pre-trial deposition of the arresting officer.
Result: The State Dropped the DUI.
Oct 3, 2012 Case: CT-005173-XGA Judge Greco
Facts: The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Oct 3, 2012 Case: CT-005173-XGA Judge Greco
Facts: The defendant was stopped because the passenger side headlight was not illuminated. The officer noticed an odor of alcohol, watery eyes, and slurred speech. The defendant handed the officer a Wal-Mart receipt instead of his registration and insurance. The defendant had difficulty standing, swayed, and admitted to having three drinks. He performed the walk and turn test at the request of the officer. For example, he had trouble walking, took an incorrect number of steps, and started to early. After the walk and turn, the defendant started to do the one leg stand and stopped stating he was not doing any more tests. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Oct 2, 2012 Case: 2011-CT-025550AXXX (JURY TRIAL) Judge Damico
Facts: The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. Furthermore, on the alphabet test, he said the same letter on two separate occasions. During the car ride, which was also video taped, one could hear the defendant's slurred speech as he would not stop talking. After his arrest for DUI, he refused the breath test.
Defense: At jury trial, Parks & Braxton argued that a DUI investigation goes beyond a driving pattern and the ability to speak. In this particular case, the firm argued that the client's ability to walk normally, maintain his balance, and to perform various portions of the field sobriety tests in a normal manner created reasonable doubt to whether his normal faculties were impaired as required by Florida Law.
Result: The Jury found the defendant Not Guilty.
Oct 2, 2012 Case: 2011-CT-021205AXXX Judge Castor
Facts: The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test.
Result: A week prior to the trial date, the State Dropped the DUI.
Oct 2, 2012 Case: 2011-CT-021205AXXX Judge Castor
Facts: The defendant was stopped for failing to stop at a red traffic signal. The officer noticed an odor of alcohol, flushed face, unsteadiness, and glassy/bloodshot eyes. The defendant performed some of the roadside tasks on video and according to the officer did not perform up to standards. He was then arrested for DUI and subsequently refused the breath test.
Result: A week prior to the trial date, the State Dropped the DUI.
Oct 2, 2012 Case: 2011-CT-025550AXXX (JURY TRIAL) Judge Damico
Facts: The defendant was stopped by the police after being observed weaving back and forth within his lane and hitting lane markers for nearly three minutes by the State Trooper. He was also speeding. The entire driving pattern for the whole time was captured on video tape. Once stopped, after not even immediately pulling over, the trooper noticed an odor of alcohol, slurred speech, and bloodshot eyes. The officer also noticed a 24 ounce beer can in the car which was cold to the touch. The defendant performed the field sobriety tests at the request of the officer which were also video taped. For example , on the walk and turn test, instead of taking the required nine steps up and back down the line, the defendant took a total of 36 steps, started to early, and did not touch heel to toe. On the finger to nose, he never touched the tip of his nose on all six attempts. Furthermore, on the alphabet test, he said the same letter on two separate occasions. During the car ride, which was also video taped, one could hear the defendant's slurred speech as he would not stop talking. After his arrest for DUI, he refused the breath test.
Defense: At jury trial, Parks & Braxton argued that a DUI investigation goes beyond a driving pattern and the ability to speak. In this particular case, the firm argued that the client's ability to walk normally, maintain his balance, and to perform various portions of the field sobriety tests in a normal manner created reasonable doubt to whether his normal faculties were impaired as required by Florida Law.
Result: The Jury found the defendant Not Guilty.
Oct 1, 2012 Case: 2011-44267MMAES Judge Beck
Facts: The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
Result: The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.
Oct 1, 2012 Case: 10-011921MM10A Judge Ross
Facts: The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.
Result: The State dropped the DUI on the morning of trial.
Oct 1, 2012 Case: 2011-CT-009222AXXX Judge Higbee
Facts: The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).
Result: The State Dropped the DUI.
Oct 1, 2012 Case: 10-011921MM10A Judge Ross
Facts: The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.
Result: The State dropped the DUI on the morning of trial.
Oct 1, 2012 Case: 2011-44267MMAES Judge Beck
Facts: The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
Result: The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.
Oct 1, 2012 Case: 2011-CT-009222AXXX Judge Higbee
Facts: The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).
Result: The State Dropped the DUI.
Sep 21, 2012 Case: 5561-XEM Judge Wolfson
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Sep 21, 2012 Case: 5561-XEM Judge Wolfson
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Sep 21, 2012 Case: 5561-XEM Judge Wolfson
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Sep 21, 2012 Case: 5561-XEM Judge Wolfson
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted to having two drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .126 and .124 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State Dropped the DUI.
Sep 20, 2012 Case: 9474-XEJ Judge Newman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine.
Defense: Parks & Braxton prepared for trial.
Result: The State Dropped the DUI.
Sep 20, 2012 Case: 9474-XEJ Judge Newman
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, a flushed face, and she had difficulty finding her documentation. The officer also observed her to be unsteady. She failed the roadside tasks and was arrested for DUI. After her arrest, she blew a .192 and .197 in the breath machine.
Result: The State Dropped the DUI.

OBTAIN  IMMEDIATE LEGAL HELP

To save your license, you must act within 10 days. Get in touch with our firm by calling 561.948.0880, or fill out the form here.