DUI Wins

Feb 4, 2015	Case: 2014-CT-02023-A-K	Judge Fowler
Facts:	The defendant drove up to an officer on his motorcycle in a parking lot to ask if the officer could spare some gasoline. The officer noticed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and an "abnormal gait." According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .082 in the breath machine.
Defense:	Parks & Braxton had pre-trial negotiations with the prosecutor a couple weeks before the trial date. We pointed out that the video tape contradicted the officer's reports. Also, we pointed out that with the margin of error on breath testing, the defendant's .082 result could have been below the legal limit.
Result:	The State dropped the DUI.

Feb 2, 2015	Case: 2014-MM-007920A	Judge Schott
Facts:	The defendant was found by the police passed out in his car in a bar / shopping center parking lot. A 911 caller alerted police to his car by stating he had been passed out for about three hours. When officers arrived, they awoke the defendant. The officer smelled an odor of alcohol, noticed slurred speech and bloodshot eyes. The defendant stated he had a couple of beers a few hours ago. According to the officer, he failed the video taped roadside tests and was arrested for DUI. He refused the breath test after his arrest. This was the defendant's third DUI arrest.
Defense:	Parks & Braxton announced ready for trial. We pointed out to the State that the defendant's field sobriety test performance on video contradicted the officer's written reports. Also, we pointed out that a person who is sleeping in a car cannot be in "actual physical control" as they have no "capability" of operating the vehicle while sleeping. On the day of jury trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 30, 2015	Case: 2014-CT-001246-E	Judge Wilson
Facts:	The defendant was allegedly involved in a side swipe crash. When the police arrived, they noticed the defendant to have an odor of alcohol, red eyes, and slurred speech. He swayed as he stood outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 and .157 in the breath machine.
Defense:	Parks & Braxton pointed out to the State prior to trial that there were three people in the defendant's car at the time of the crash. We talked with the State and also pointed out that the alleged victim in the crash could not properly identify the defendant as the driver based on statements and her description. Thus, the State could not place the defendant in actual physical control as the driver at the time of the crash.
Result:	The State dropped the DUI.

Jan 27, 2015	Case: 13-023560MM10A	Judge Pole
Facts:	The defendant was originally observed by a civilian witness crashing into a posted "no u-turn" sign. The witness subsequently contacted the police. When the deputy located the defendant he noticed the defendant 's tires spinning despite being in a stopped position. The officer approached the vehicle and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. In addition, the defendant's movements were extremely lethargic throughout the investigation. Upon exiting the car, the defendant was seen stumbling while walking and swaying while standing. The defendant refused all testing and was arrested for DUI. This was the defendant's third DUI.
Defense:	The original civilian failed to provide their personal information. Therefore, the law considers that person to be at the low end of the reliability scale as far as the information they provide. In order to prove a lawful stop the officer needed to be able to corroborate some type of driving infraction. Spinning tires is not enough to lawfully stop a vehicle. Despite the fact that this was the defendant's 3rd offense for DUI, after taking testimony from the officers, the State could not proceed.
Result:	The State dropped the DUI.

Jan 27, 2015	Case: 13-020017MM10A	Judge Solomon
Facts:	The defendant was involved in a crash. She hit a barrier wall and also smashed into a another car. The officers observed the defendant to have an odor of alcohol, mush mouthed speech, and watery eyes. The police observed her to sway, appear unsteady, and also have a blank stare. The defendant admitted to consuming 3 beers and 3 shots. According to the officers, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .109 and .107 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 26, 2015	Case: 7939-XEM	Judge Hague
Facts:	The defendant rear ended another car. The officers observed the defendant to have an odor of alcohol, slurred speech and bloodshot eyes. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .153 and .152 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle.
Result:	The DUI was dismissed.

Jan 20, 2015	Case: 2014-CT-026549AXXX	Judge Weiss
Facts:	The defendant was found passed out behind the wheel of his car by the police. The car was running and the transmission was in drive. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank some "Kahlua" earlier in the day and had no answer for the officer as to why he was asleep in the roadway. According to the officer, he failed the roadside tests and was arrested for DUI. The officer believed the defendant was actually impaired by a controlled substance and not alcohol after concluding his investigation.
Defense:	Parks & Braxton pointed out to the State that there was no evidence of what "specific" controlled substance the officer believed was impairing the defendant as required by Florida Statutes.
Result:	The DUI was dismissed.

Jan 8, 2015	Case: 14-CT-121830	Judge Jeske
Facts:	The defendant was stopped for speeding, cutting across lanes of traffic, and following other cars too close causing them to brake. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was unsteady on his feet and was making unusual statements. After performing the HGN (eye test), he refused to perform any other tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton had pretrial negotiations with the State a couple of weeks prior to the trial date.
Result:	The State dropped the DUI.

Jan 8, 2015	Case: 2014-CT-011400-O	Judge Miller
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had drank, he responded by saying "not much." He then told the officer he had one drink. The defendant refused to perform the field sobriety tests even after being advised of the adverse consequences. He was then arrested for DUI and subsequently refused the breath test.
Defense:	Parks & Braxton had immediate pretrial discussions with the prosecutor within weeks after the defendant's arrest. At the first pretrial court hearing, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 8, 2015	Case: 2014-CT-024198AXXX-XX	Judge Koons
Facts:	The defendant was found by the police after his car went into a ditch. The defendant stated he had a coughing attack which caused him to drive off the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and was unsteady on his feet. The officer also observed the defendant to be clumsy, unsure, fumbling around, a pale face, and disarranged clothing. The defendant was read his Miranda rights and stated he wanted an attorney. According to the officer, he refused to perform the roadside tests and was was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second dui arrest. The entire event at the scene was captured on video tape.
Defense:	Parks & Braxton filed a pretrial motion to suppress all the evidence based on a lack of probable cause to make the arrest. In our motion. we alleged numerous factors pointing out inconsistencies between the officer's reports versus the video tape. For example, on video the defendant was never asked to perform roadside test even though it was written in the police report. Also, the defendant's speech was normal, his face was actually red, not pale, and his clothes were not disarranged. The defendant was also never off balance or unsteady and was responsive and coherent. Prior to the motion being heard, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jan 8, 2015	Case: 14-CM-009517	Judge Jeske
Facts:	The defendant was detained by the police after he rear ended another car in a parking lot. The officer noticed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having a couple of shots of alcohol. According to the officer, he failed the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .089 in the breath machine. The defendant was also charged with possession of marijuana and paraphernalia that was found in the car after his arrest for DUI.
Defense:	Prior to trial, Parks & Braxton pointed out to the State that the officer's observations in the reports contradicted the defendant's field sobriety test performance on the video tape. The State then Dropped the DUI. The drug charges were dismissed under the theory of a lack of constructive possession.
Result:	The State dropped the DUI.

Dec 15, 2014	Case: 2014-CT-001346-E	Judge Blechman
Facts:	The defendant was involved in a single car crash. When the officers arrived, they noticed the defendant to be unsteady, have bloodshot eyes, lethargic movements, and slurred speech. Although the officers did not smell any alcohol, they felt he was impaired by a chemical and/or controlled substance. According to the officers, he exhibited several cues of impairment on the field sobriety tests and was then arrested for DUI.
Defense:	Parks & Braxton pointed out to the State that there was no specific evidence by which the State could prove that the defendant was impaired by a specific chemical and/or controlled substance as required by Florida law.
Result:	The DUI was dismissed.

Dec 12, 2014	Case: 2014-CT-009560-O	Judge Martinez
Facts:	The defendant was stopped for driving without headlights. The officer observed the defendant to have an odor of alcohol, unstable balance, and glossy eyes. The defendant's speech was also heavily slurred. He failed the roadside tasks and was arrested for DUI. The officer found marijuana in the car and he was also charged with possession of marijuana. After his arrest, he blew a .114 and .108 in the breath machine per the breath test card printout.
Defense:	Parks & Braxton pointed out to the State that the officer had written in one paragraph of his report that the defendant was stopped for driving without headlights, however, in the next paragraph he wrote that he arrived on scene to find fire rescue giving sternum rubs to the defendant as he was passed out at an intersection. The officer also wrote in his report that the defendant blew a .186 and .176 in the breath machine which was different than the breath card. It was totally unclear to both the State and defense whether the officer was writing about this client or another defendant. Due to the major contradictions in the police reports and breath test results, the State Dropped the DUI and the defendant received no conviction on the possession charge.
Result:	The State dropped the DUI.

Dec 9, 2014	Case: 2014-CT-001298CTAXMX	Judge Cupp
Facts:	The defendant was stopped for speeding and driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. Once the defendant was outside the car, she was very unsteady and off balance. She failed the roadside tasks and was arrested for DUI. The defendant admitted to consuming four beers. Once at the station, she vomited in a trash can after taking the breath test. She blew a .188 and .178 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that the breath machine that the defendant blew into had major mechanical problems during the months leading up to her arrest. Also, the officer wrote a very vague report as to the details of her alleged performance on the roadside tasks.
Result:	The State dropped the DUI.

Dec 9, 2014	Case: 14-CT-066124	Judge Conrad
Facts:	The defendant was stopped by police after pulling out of a parking lot at a high rate of speed, screeching his tires, and cutting off another car. This all was captured on the officer's in car video tape. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. On video, the defendant was rambling on and on about different things and then admitted to drinking two beers. The defendant then refused to perform the field sobriety tests even after being warned of the adverse consequences. He was subsequently arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton had pre-trial discussions with the State about dropping the DUI.
Result:	The State dropped the DUI.

Dec 5, 2014	Case: 7819-GWZ	Judge Ortiz
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have bloodshot eyes and dilated pupils. The officer also smelled marijuana coming from her breath. She was then asked to perform field sobriety tests which she allegedly failed. She was then arrested for DUI. A Drug Recognition Officer was called to the station to perform a special evaluation called a DRE exam to try to come to a conclusion as to what controlled substance may be impairing the defendant. That officer with special training concluded she was impaired by marijuana and CNS depressants. A urine sample was then taken from the defendant. After being tested at the lab, the defendant's urine came back positive for marijuana.
Defense:	Parks & Braxton conducted pre-trial negotiations with the prosecutor regarding the amount of time marijuana can stay in one's system even weeks after they last smoked. The reason that was important is that the defendant did not admit to smoking pot that day.
Result:	The State dropped the DUI.

Dec 4, 2014	Case: 2014-CT-022175AXXX	Judge Shepherd
Facts:	The defendant was stopped based on an anonymous tip that he was driving all over the road and almost striking other cars. The officers spotted the defendant's car which matched the description and conducted a traffic stop. The officers on scene noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. The defendant seemed confused, was swaying, and admitted to drinking. According to the officers, he failed the 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 traffic stop may have been unlawful as there appeared to be no "corroboration" of the alleged driving pattern as required by law when a driver is stopped based on an anonymous tip.
Result:	The State dropped the DUI.

Dec 1, 2014	Case: 14-CT-080009	Judge Lefler
Facts:	The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitting to drinking Heineken beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .127 and .133 in the breath machine.
Defense:	Parks & Braxton had pre-trial negotiations with the State. We pointed out to the State that the defendant's roadside task performance on the video tape contradicted the breath test results.
Result:	The State dropped the DUI.

Nov 26, 2014	Case: 2014-CT-022565	Judge Overton
Facts:	The defendant was stopped by the police and given a citation for careless driving. According to the officer's report, he allegedly almost struck another car while negotiating an improper turn. This alleged driving pattern was captured on video tape. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed two vodka drinks. The defendant was ask to perform the roadside tests and he complied. On video tape, the defendant exhibited several clues of intoxication. He was then arrested for DUI. After his arrest, he blew a .136 and .138 in the breath machine.
Defense:	Parks & Braxton filed a pre-pretrial motion to suppress all of the evidence based on unlawful traffic stop by the officer. In our motion, we alleged, that on video tape, one could clearly see that the defendant never cut anyone off. In fact, the defendant was stuck in a no left turn lane and had no choice but to actually let traffic pass in order to move over into the appropriate right lane of travel. The Judge watched the video and listened to the arguments of the attorneys. He then Granted the motion and threw out all of the evidence in the case.
Result:	The DUI was dismissed.

Nov 21, 2014	Case: 13-000709MM10A	Judge Brown
Facts:	The defendant's vehicle was originally seen by an officer sitting in the middle of the roadway at a flashing yellow light. The officer drove by the intersection and saw the same car parked in the middle of the roadway. The officer approached the car and noticed an individual sleeping inside. After banging on the window for approximately a minute the defendant woke up. The officer asked several questions and stated that the defendant was lethargic and slow to respond. Additionally, he stated that he observed bloodshot eyes. He subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived minutes later and observed slurred speech, an odor of alcohol, bloodshot eyes and extreme unsteadiness as he stood up. After performing the HGN (eye test), the defendant refused to perform any additional tests. The defendant was subsequently arrested for DUI. This was the defendant's second DUI arrest within a few months.
Defense:	Parks & Braxton filed a motion based on a lack of reasonable suspicion to detain the defendant for the purpose of conducting a DUI investigation. During the motion, the defense impeached the credibility of the officer. Before the Judge issued her ruling, the State dropped the DUI.
Result:	The State dropped the DUI.