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

Apr 11, 2013 Case: 9377-XEQ Judge Newman
Facts: The defendant was found by police when his car was stuck in the gravel surrounding the railroad tracks. The officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. He admitted to drinking 3-4 16 ounce beers and also admitted to being buzzed. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Apr 3, 2013 Case: CT-004792-XGA Judge McNeil
Facts: The defendant was stopped by the police after almost crashing into the back of police car which was on another traffic stop. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer that night. 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 pointed out to the State that the defendant had a prosthesis on his left arm, which was noted in the reports, and that his balance was affected because of the weight difference on each side of his body due to the prosthesis.
Result: The State dropped the DUI.
Apr 3, 2013 Case: CT-004792-XGA Judge McNeil
Facts: The defendant was stopped by the police after almost crashing into the back of police car which was on another traffic stop. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer that night. 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 pointed out to the State that the defendant had a prosthesis on his left arm, which was noted in the reports, and that his balance was affected because of the weight difference on each side of his body due to the prosthesis.
Result: The State dropped the DUI.
Apr 2, 2013 Case: CT-006333-XEP Judge Jeske
Facts: The defendant was involved in a side-swipe traffic crash. The officer who came on scene noticed the defendant to have an odor of alcohol, glassy eyes, and unsteadiness. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI and after her arrest she refused the breath test.
Defense: Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video versus the written police reports.
Result: The State dropped the DUI.
Apr 2, 2013 Case: 11-027515MM10A Judge Gottlieb
Facts: The defendant was stopped for driving without her headlights. In the Trooper's report, he indicates that she had an odor of alcohol, bloodshot eyes as well as slurred speech. It was clear from the video, the defendant did not have slurred speech. The Trooper's report indicates that the defendant was slow in providing her documents. Again, the video contradicts the Trooper's report. The video did indicate problems with regards to the walk and turn test as well as the one leg stand. However, in a previous case, Parks & Braxton got the Trooper to admit that he fabricated a police report.
Defense: As a result of the above information, Parks & Braxton announced ready for trial.
Result: The State dropped the DUI.
Apr 2, 2013 Case: 11-027515MM10A Judge Gottlieb
Facts: The defendant was stopped for driving without her headlights. In the Trooper's report, he indicates that she had an odor of alcohol, bloodshot eyes as well as slurred speech. It was clear from the video, the defendant did not have slurred speech. The Trooper's report indicates that the defendant was slow in providing her documents. Again, the video contradicts the Trooper's report. The video did indicate problems with regards to the walk and turn test as well as the one leg stand. However, in a previous case, Parks & Braxton got the Trooper to admit that he fabricated a police report.
Defense: As a result of the above information, Parks & Braxton announced ready for trial.
Result: The State dropped the DUI.
Apr 2, 2013 Case: CT-006333-XEP Judge Jeske
Facts: The defendant was involved in a side-swipe traffic crash. The officer who came on scene noticed the defendant to have an odor of alcohol, glassy eyes, and unsteadiness. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI and after her arrest she refused the breath test.
Defense: Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video versus the written police reports.
Result: The State dropped the DUI.
Apr 1, 2013 Case: 2012-CT-009930000AOX Judge Miller
Facts: The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI on the day of the motion hearing.
Apr 1, 2013 Case: 12-000059MM10A Judge Solomon
Facts: The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.
Result: Upon being made aware of the officer's testimony, the State dropped the DUI.
Apr 1, 2013 Case: 10-021727CF10A Judge McCarthy
Facts: The defendant was stopped for running a red light. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Fourth DUI and it was treated as a Felony DUI punishable by up to five years in State prison and a permanent drivers license suspension.
Defense: Parks & Braxton presented medical evidence to the State that the defendant's alleged signs of impairment during the roadside exercises were due to prior injuries from being hit while riding a bike and not alcohol. The firm also pointed out to the State numerous conflicts between the two officers that were on scene based on their pre-trial depositions.
Result: The State dropped the DUI.
Apr 1, 2013 Case: 2012-CT-009930000AOX Judge Miller
Facts: The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.
Result: The State Dropped the DUI on the day of the motion hearing.
Apr 1, 2013 Case: 12-000059MM10A Judge Solomon
Facts: The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.
Result: Upon being made aware of the officer's testimony, the State dropped the DUI.
Apr 1, 2013 Case: 10-021727CF10A Judge McCarthy
Facts: The defendant was stopped for running a red light. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Fourth DUI and it was treated as a Felony DUI punishable by up to five years in State prison and a permanent drivers license suspension.
Defense: Parks & Braxton presented medical evidence to the State that the defendant's alleged signs of impairment during the roadside exercises were due to prior injuries from being hit while riding a bike and not alcohol. The firm also pointed out to the State numerous conflicts between the two officers that were on scene based on their pre-trial depositions.
Result: The State dropped the DUI.
Mar 22, 2013 Case: 7132-XEX Judge Ortiz
Facts: The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Mar 22, 2013 Case: 7132-XEX Judge Ortiz
Facts: The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Mar 18, 2013 Case: 2011-MM-004869A Judge Woodard
Facts: The defendant was stopped for speeding and making unusual u-turns. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The officer also observed a wrist band from a bar on the defendant's wrist. The defendant admitted to having three drinks at a bar. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .166 and a .156 in the breath machine.
Defense: Parks & Braxton filed a pre-trial motion to exclude the breath test results which the Judge granted and excluded the breath results. In our motion, we alleged that the State failed to disclose certain documentation about the breath machine in question. The firm then announced ready for jury trial.
Result: On the morning of jury selection, the State Dropped the DUI.
Mar 18, 2013 Case: 9988-XEQ Judge Krieger-Martin
Facts: The defendant was the at fault driver in a traffic crash. He backed into another car in a parking garage. Officers noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed while standing and fumbled with his items. After officers performed the eyes test (HGN) on him, he started cursing at them and then refused to do the rest of the field sobriety tests. He was arrested for DUI and after his arrest he refused the breath test.
Defense: On the morning of jury trial, Parks & Braxton announced ready for trial. The State could not place the defendant in actual physical control of the motor vehicle.
Result: The State dropped the DUI.

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