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

ALSO SERVING MARTIN, ST. LUCIE & INDIAN RIVER COUNTIES
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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

Jun 17, 2013 Case: 6650-XEM Judge Ortiz
Facts: The defendant was first scene in his car in an alleged high crime / prostitution area. Officers then saw a woman subsequently get in and out of his car after an unknown period of time. They then followed the defendant and conducted a traffic stop. Once stopped, officers observed the defendant to have an odor of alcohol, sluggish movements, and blood-shot eyes. They then called for a DUI Unit to come and further investigate. The defendant admitted to drinking and failed every road side test. He was then arrested for DUI. After his arrest, he blew a .114 and .117 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime which would give rise to legally stopping the defendant's vehicle. The Judge agreed, Granted the motion, and threw out all of the evidence.
Result: The DUI was dismissed.
Jun 17, 2013 Case: 6650-XEM Judge Ortiz
Facts: The defendant was first scene in his car in an alleged high crime / prostitution area. Officers then saw a woman subsequently get in and out of his car after an unknown period of time. They then followed the defendant and conducted a traffic stop. Once stopped, officers observed the defendant to have an odor of alcohol, sluggish movements, and blood-shot eyes. They then called for a DUI Unit to come and further investigate. The defendant admitted to drinking and failed every road side test. He was then arrested for DUI. After his arrest, he blew a .114 and .117 in the breath machine. This was the defendant's Second DUI.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime which would give rise to legally stopping the defendant's vehicle. The Judge agreed, Granted the motion, and threw out all of the evidence.
Result: The DUI was dismissed.
Jun 14, 2013 Case: 2011-CT-020438AXXX Judge Damico
Facts: The defendant was rear-ended by another car. When officers arrived, they observed the defendant to have an odor of alcohol, slow speech, and blood-shot eyes. He stated that he had drank a couple of beers. According to the arresting officer, he did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and .128 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2010-CT-001426AXXX Judge Damico
Facts: The defendant was stopped for driving in the wrong direction down a one way street. Officers observed an odor of alcohol, slightly slurred speech, and she admitted to having a couple of drinks. She then performed the roadside tasks which were not video taped and was arrested for DUI. After her arrest, she blew a .099 and .097 in the breath machine.
Defense: Parks & Braxton took pre-trial depositions of the two officers involved in the case and were ready for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2012-CT-018616AXXX Judge Damico
Facts: The defendant was stopped for driving with an inoperable tag light. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he repeated many of the same statements to the officer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .194 and .199 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2012-CT-021867AXXX Judge Bryson
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant admitted to having a few drinks. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a ..201 and .205 in the breath machine.
Defense: Parks & Braxton were prepared for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2012-CT-021867AXXX Judge Bryson
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant admitted to having a few drinks. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a ..201 and .205 in the breath machine.
Defense: Parks & Braxton were prepared for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2012-CT-018616AXXX Judge Damico
Facts: The defendant was stopped for driving with an inoperable tag light. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he repeated many of the same statements to the officer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .194 and .199 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2011-CT-020438AXXX Judge Damico
Facts: The defendant was rear-ended by another car. When officers arrived, they observed the defendant to have an odor of alcohol, slow speech, and blood-shot eyes. He stated that he had drank a couple of beers. According to the arresting officer, he did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and .128 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jun 14, 2013 Case: 2010-CT-001426AXXX Judge Damico
Facts: The defendant was stopped for driving in the wrong direction down a one way street. Officers observed an odor of alcohol, slightly slurred speech, and she admitted to having a couple of drinks. She then performed the roadside tasks which were not video taped and was arrested for DUI. After her arrest, she blew a .099 and .097 in the breath machine.
Defense: Parks & Braxton took pre-trial depositions of the two officers involved in the case and were ready for trial.
Result: The State dropped the DUI.
Jun 7, 2013 Case: 2013-CT-002312AXXX Judge Bryson
Facts: The defendant was seized by the police as he was passed out and slumped over the wheel at an intersection. Cars were going around the defendant and honking their horns. Officers observed the defendant to have an odor of alcohol on his breath, slurred speech, and blood-shot eyes. He also was also very hostile towards the police. The defendant refused the roadside tests 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.
Jun 7, 2013 Case: 2012-CT-011562AXXX Judge Eissey
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking 2-3 beers and a shot. He also fumbled with his wallet while in the car. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .109 and .109 in the breath machine.
Defense: Parks & Braxton were ready and prepared for trial.
Result: The State dropped the DUI.
Jun 7, 2013 Case: 2013-CT-005401AXXX Judge Bonavita
Facts: The defendant was stopped for weaving and driving with no head lights. The officer observed the defendant to have an odor of alcohol, mumbled speech, and droopy eye lids. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
Jun 7, 2013 Case: 2013-CT-002312AXXX Judge Bryson
Facts: The defendant was seized by the police as he was passed out and slumped over the wheel at an intersection. Cars were going around the defendant and honking their horns. Officers observed the defendant to have an odor of alcohol on his breath, slurred speech, and blood-shot eyes. He also was also very hostile towards the police. The defendant refused the roadside tests 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.
Jun 7, 2013 Case: 2012-CT-011562AXXX Judge Eissey
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking 2-3 beers and a shot. He also fumbled with his wallet while in the car. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .109 and .109 in the breath machine.
Defense: Parks & Braxton were ready and prepared for trial.
Result: The State dropped the DUI.
Jun 7, 2013 Case: 2013-CT-005401AXXX Judge Bonavita
Facts: The defendant was stopped for weaving and driving with no head lights. The officer observed the defendant to have an odor of alcohol, mumbled speech, and droopy eye lids. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton prepared for trial.
Result: The State dropped the DUI.
May 29, 2013 Case: CT-6238-XEP Judge Dominguez
Facts: The defendant was involved in a one car crash whereby he drove off the roadway into a ditch. The officers who came on scene observed the defendant to have an odor of alcohol, red eyes, and slurred speech. He was cursing at the officers numerous times on video tape and very combative. He refused to perform any roadside tests 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.
May 29, 2013 Case: CT-9196-WPP Judge McNeil
Facts: The defendant was in the passenger seat of the motor vehicle as his wife was actually driving. She alleged to the police that he reached over and "grabbed control of the steering wheel" causing the vehicle to crash into a concrete barrier wall. Prior to the defendant being taken to the hospital for his injuries, the officer noticed him to have an odor of alcohol, blood-shot eyes, and his speech not understandable. At the hospital, the officer requested the defendant provide a blood sample to which he complied. The lab results revealed his blood alcohol level was a .174. He was then charged by the State with DUI.
Defense: Parks & Braxton pointed out to the State that the defendant could not have been in "actual physical control" of the motor vehicle as he was not only not in the driver's seat during the crash, but also had no access to the pedals in the car. Thus, he had no "capability" of truly operating the motor vehicle. Furthermore, we also pointed out to the State that the wife told police that the two were "arguing" in the car per the wife at the time of the crash and she was also investigated for being DUI.
Result: The DUI was dismissed.
May 29, 2013 Case: CT-6238-XEP Judge Dominguez
Facts: The defendant was involved in a one car crash whereby he drove off the roadway into a ditch. The officers who came on scene observed the defendant to have an odor of alcohol, red eyes, and slurred speech. He was cursing at the officers numerous times on video tape and very combative. He refused to perform any roadside tests 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.

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