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

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ALSO SERVING MARTIN, ST. LUCIE & INDIAN RIVER COUNTIES
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CRIMINAL CASE RESULTS

OUR RECENT CRIMINAL DEFENSE VICTORIES

Oct 6, 2015 Case: 2015-CT-009644 Judge FARR
Facts: The defendant was stopped for weaving and swerving. Upon being stopped, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and she was covered in vomit. The defendant stated she was sick and that's why she had vomited all over the car and herself. The defendant then performed the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew .090 and .086 in the breath machine.
Defense: Parks & Braxton pointed out to the State that with the .02 margin of error with breath test results, the defendant may have been under the legal limit. Also, the defendant performed better on the field sobriety tests on tape than as described on the written police reports.
Result: The State dropped the DUI.
Oct 6, 2015 Case: 2014-CT-015664 Judge BONAVITA
Facts: The defendant was found by the police passed out at an intersection after a caller dialed 911 alerting them to his car. The officer who arrived, found the defendant passed out and he was blocking traffic. Upon awakening the defendant, he simply ignored the officer and drove off. The officer then got behind him and attempted to imitate a traffic stop. The defendant was captured on video weaving and driving on the opposite side of the road. The officer followed the defendant with her police lights flashing for several minutes until the defendant finally stopped. He was then ordered out of the car by several officers. A DUI officer then took over the investigation. That officer observed the defendant to have an odor of alcohol, slurred speech, and poor coordination. The defendant swayed prior the roadside tasks and stated he had drank vodka and cranberry juice. The defendant then performed the field sobriety tests on video. According to the officer, he failed and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton announced ready for trial. Prior to trial, we pointed out that on the DUI officer's video tape, the defendant was not off balance or unsteady. In addition, his speech was normal vs. what the officer had written in his report. We discussed with the State that the video of the defendant's roadsides showed he was not impaired. That evidence was contradictory to his video of the driving pattern. Due to the conflict in the evidence (i.e.. the two videos) the State Dropped the DUI.
Result: The State dropped the DUI.
Oct 6, 2015 Case: 2015 307211 MMDB Judge FEIGENBAUM
Facts: The defendant was the at fault driver in a rear end crash. The officer who arrived, noticed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to consuming two beers after being read her Miranda rights. The defendant was requested for perform the roadside tests to which she complied. For example, on the one leg stand exercise, she put her foot down and used her arms for balance. On the walk and turn test, she did not touch heel to toe and raised her arms for balance. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the prosecutor that the DUI officer's report was so vague in that he did not go into any details or specifics of the defendant's performance on the the roadside tests. There was no video at the scene. There was a video at the station whereby the defendant was speaking normally, not off balance or unsteady, responsive and coherent.
Result: The State dropped the DUI.
Oct 6, 2015 Case: 2015-CT-009644 Judge FARR
Facts: The defendant was stopped for weaving and swerving. Upon being stopped, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and she was covered in vomit. The defendant stated she was sick and that's why she had vomited all over the car and herself. The defendant then performed the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew .090 and .086 in the breath machine.
Defense: Parks & Braxton pointed out to the State that with the .02 margin of error with breath test results, the defendant may have been under the legal limit. Also, the defendant performed better on the field sobriety tests on tape than as described on the written police reports.
Result: The State dropped the DUI.
Oct 5, 2015 Case: A0Z0FKP Judge Newman
Facts: The defendant was the at fault driver in a two car rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled/slurred speech, and watery eyes. The defendant then performed the roadside tasks. For example, on the walk and turn, he stepped off the line several times, lost his balance, and did not touch heel to toe. The defendant was unable to perform the one leg stand test due to his high level of intoxication. He was then arrested for DUI. After his arrest, he blew a .157 and .151 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant behind the wheel of the motor vehicle at the time of the crash. The defendant was standing around outside his car when police arrived on scene.
Result: The State dropped the DUI.
Oct 5, 2015 Case: A0Z0FKP Judge Newman
Facts: The defendant was the at fault driver in a two car rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled/slurred speech, and watery eyes. The defendant then performed the roadside tasks. For example, on the walk and turn, he stepped off the line several times, lost his balance, and did not touch heel to toe. The defendant was unable to perform the one leg stand test due to his high level of intoxication. He was then arrested for DUI. After his arrest, he blew a .157 and .151 in the breath machine.
Defense: Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant behind the wheel of the motor vehicle at the time of the crash. The defendant was standing around outside his car when police arrived on scene.
Result: The State dropped the DUI.
Oct 1, 2015 Case: 14-029069MU10A Judge LEVINE
Facts: The defendant was stopped for speeding and weaving all over the road. The officer noticed the defendant to have an odor of alcohol, flushed face, and blood shot eyes. Upon exiting the car, the defendant was unsteady and had a circular sway. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his his foot down seven times. On the walk and turn the defendant missed heel to toe eight separate times. On the finger to nose, he missed the tip of his nose five times. On the rhomberg balance test, he estimated 40 seconds for 30 seconds. He was then arrested for DUI. After his arrest, be blew a .137 in the breath machine.
Defense: Parks & Braxton challenged the validity of the breath test based on police misconduct by the breath tech operator. The State conceded the issue and they Dropped the DUI.
Result: The State dropped the DUI.
Oct 1, 2015 Case: 14-029069MU10A Judge LEVINE
Facts: The defendant was stopped for speeding and weaving all over the road. The officer noticed the defendant to have an odor of alcohol, flushed face, and blood shot eyes. Upon exiting the car, the defendant was unsteady and had a circular sway. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his his foot down seven times. On the walk and turn the defendant missed heel to toe eight separate times. On the finger to nose, he missed the tip of his nose five times. On the rhomberg balance test, he estimated 40 seconds for 30 seconds. He was then arrested for DUI. After his arrest, be blew a .137 in the breath machine.
Defense: Parks & Braxton challenged the validity of the breath test based on police misconduct by the breath tech operator. The State conceded the issue and they Dropped the DUI.
Result: The State dropped the DUI.
Sep 30, 2015 Case: 2015-CT-016173 Judge Johnson
Facts: The defendant was stopped for weaving and almost colliding into other cars. Once stopped, the officer observed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to drinking 3-4 alcoholic beverages. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .149 in the breath machine.
Defense: Parks & Braxton pointed out that the video of the field sobriety tests was not turned over in a timely fashion by the State in order to give the defense enough time to prepare for trial.
Result: The State dropped the DUI.
Sep 30, 2015 Case: 2015-CT-016173 Judge Johnson
Facts: The defendant was stopped for weaving and almost colliding into other cars. Once stopped, the officer observed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to drinking 3-4 alcoholic beverages. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .149 in the breath machine.
Defense: Parks & Braxton pointed out that the video of the field sobriety tests was not turned over in a timely fashion by the State in order to give the defense enough time to prepare for trial.
Result: The State dropped the DUI.
Sep 29, 2015 Case: 15-501519CT Judge ADAMS
Facts: The defendant was stopped for stopping in the middle of an intersection and driving on the sidewalk. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was also unsteady on her feet. According to the officer, the defendant failed the field sobriety tests. For example, on the walk and turn exercise, the defendant took an incorrect number of steps, used her arms for balance, and did not touch heel to toe. On the one leg stand, the defendant put her foot down numerous times. She was then arrested for DUI and after her arrest blew a .141 and .140 in the breath machine.
Defense: Parks & Braxton announced ready for jury trial.
Result: The State dropped the DUI.
Sep 29, 2015 Case: 15-501519CT Judge ADAMS
Facts: The defendant was stopped for stopping in the middle of an intersection and driving on the sidewalk. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was also unsteady on her feet. According to the officer, the defendant failed the field sobriety tests. For example, on the walk and turn exercise, the defendant took an incorrect number of steps, used her arms for balance, and did not touch heel to toe. On the one leg stand, the defendant put her foot down numerous times. She was then arrested for DUI and after her arrest blew a .141 and .140 in the breath machine.
Defense: Parks & Braxton announced ready for jury trial.
Result: The State dropped the DUI.
Sep 28, 2015 Case: A0Z4Z9P Judge BEDINGHAUS
Facts: video tape. For example, on the walk and turn exercise, the defendant would take only three steps and stop and do that over and over. He did not follow one instruction the officer was giving. On the one leg stand test, the defendant put his foot down several times, used his arms for balance, and swayed. He was then arrested for DUI. After his arrest, the defendant blew a .231 and a .231 in the breath machine (nearly three times the legal limit).
Defense: Parks & Braxton filed a pretrial motion to suppress, challenging the lawfulness of the initial traffic stop. In our motion, we alleged there was no probable cause to believe the defendant committed any traffic infractions justifying the stop of his vehicle. We argued in our motion that no traffic or pedestrians were affected by the squealing of the tires as required by case law. Also, the officers were not able to provide any evidence the defendant was traveling over the posted speed limit in that area. On the day the motion was going be argued, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 28, 2015 Case: A0Z4Z9P Judge BEDINGHAUS
Facts: video tape. For example, on the walk and turn exercise, the defendant would take only three steps and stop and do that over and over. He did not follow one instruction the officer was giving. On the one leg stand test, the defendant put his foot down several times, used his arms for balance, and swayed. He was then arrested for DUI. After his arrest, the defendant blew a .231 and a .231 in the breath machine (nearly three times the legal limit).
Defense: Parks & Braxton filed a pretrial motion to suppress, challenging the lawfulness of the initial traffic stop. In our motion, we alleged there was no probable cause to believe the defendant committed any traffic infractions justifying the stop of his vehicle. We argued in our motion that no traffic or pedestrians were affected by the squealing of the tires as required by case law. Also, the officers were not able to provide any evidence the defendant was traveling over the posted speed limit in that area. On the day the motion was going be argued, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 25, 2015 Case: 2015-CT-007115 Judge STARR
Facts: The defendant was stopped for driving the wrong way. The officer who stopped the defendant, observed the defendant to have sluggish speech, slow movements, and heavy/droopy eye lids. He had a dazed look and blank stare during the entire investigation. He admitted to taking anti-anxiety medications that day which were controlled substances. The officer, believing the defendant was impaired by those controlled substances, asked the defendant to perform the roadside tasks. The defendant refused and was arrested for DUI. At the station, he provided a urine sample. That sample eventually came back from the lab and was positive for a controlled substance.
Defense: Parks & Braxton argued that the State did not provide the urine report in a timely fashion as previously ordered by the court prior to trial.
Result: The State dropped the DUI.
Sep 25, 2015 Case: 2015-CT-007115 Judge STARR
Facts: The defendant was stopped for driving the wrong way. The officer who stopped the defendant, observed the defendant to have sluggish speech, slow movements, and heavy/droopy eye lids. He had a dazed look and blank stare during the entire investigation. He admitted to taking anti-anxiety medications that day which were controlled substances. The officer, believing the defendant was impaired by those controlled substances, asked the defendant to perform the roadside tasks. The defendant refused and was arrested for DUI. At the station, he provided a urine sample. That sample eventually came back from the lab and was positive for a controlled substance.
Defense: Parks & Braxton argued that the State did not provide the urine report in a timely fashion as previously ordered by the court prior to trial.
Result: The State dropped the DUI.
Sep 22, 2015 Case: 15-001010CT Judge PROVOST
Facts: The defendant was stopped for swerving and crossing lane markers. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated she had nothing to drink even after the officer confronted her numerous times about the odor of liquor coming from her breath. She was also unsteady on her feet according the officer. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she showed signs of impairment and was arrested for DUI. After her arrest, she refused the breath test. The entire incident was captured on tape, including the driving pattern.
Defense: Parks and Braxton had pretrial talks with the prosecutor. We pointed out that the defendant's speech was not slurred on tape as she had a very thick accent. Also, she was not unsteady on her feet on video tape. Furthermore, the defendant told the officer upon being stopped that she was lost and was on the phone trying get directions home. Also, the defendant's performance on the field sobriety tests on tape contradicted the description given in the officer's report.
Result: The State dropped the DUI.
Sep 22, 2015 Case: 15-001010CT Judge PROVOST
Facts: The defendant was stopped for swerving and crossing lane markers. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated she had nothing to drink even after the officer confronted her numerous times about the odor of liquor coming from her breath. She was also unsteady on her feet according the officer. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she showed signs of impairment and was arrested for DUI. After her arrest, she refused the breath test. The entire incident was captured on tape, including the driving pattern.
Defense: Parks and Braxton had pretrial talks with the prosecutor. We pointed out that the defendant's speech was not slurred on tape as she had a very thick accent. Also, she was not unsteady on her feet on video tape. Furthermore, the defendant told the officer upon being stopped that she was lost and was on the phone trying get directions home. Also, the defendant's performance on the field sobriety tests on tape contradicted the description given in the officer's report.
Result: The State dropped the DUI.

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