DUI Wins

Jan 29, 2014	Case: A0FQ9DE	Judge Mcneil
Facts:	The defendant was stopped for crossing over the fog line, almost hitting a curb, making an alleged wide turn, and driving over a curb while turning into a parking spot. The officer, after initiating a traffic stop, noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking three beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. This was the defendant's second DUI arrest within five years.
Defense:	Parks & Braxton pointed out to the State during pre-trial discussions that the driving pattern as alleged by the officer in the police reports was contradictory to what was captured on the in-car video tape. Thus, we pointed out to the State that the initial traffic stop may have been unlawful.
Result:	The State dropped the DUI.

Jan 27, 2014	Case: 2013-CT-02035AXXX	Judge Weiss
Facts:	The defendant was stopped for driving the wrong way down a one way street. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. She partially completed the roadside tasks on video tape. The defendant admitted to having two glasses of wine. According to the officer, she failed all portions of the roadside tasks that were attempted by the defendant. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton had pre-trial negotiations with the State prior to any trial.
Result:	The State dropped the DUI.

Jan 23, 2014	Case: 2012-CT-001785-A-O	Judge Adams
Facts:	The defendant was stopped for weaving and almost causing a crash. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and she appeared off balance. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .187 and a .188 in the breath machine.
Defense:	Parks & Braxton had lengthy pre-trial discussions with the State about the case.
Result:	The State dropped the DUI.

Jan 10, 2014	Case: CTC12-3974XEZANC	Judge Levine
Facts:	The defendant was stopped by the police when he was observed by the police doing "donuts" in his car in a parking lot. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to splitting some pitchers of beer with friends and the officers observed him swaying. According to the officers, he failed the field sobriety tests and was arrested for DUI. The incident was captured on video tape. After his arrest, he blew a .093 and .089 in the breath machine.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the police officer misinformed the defendant of the law and coerced him into taking a breath test. The entire conversation between the defendant and the officer was captured on the video tape. Just prior to the hearing date, the State agreed with the firm's motion after reviewing the tape.
Result:	The State dropped the DUI.

Jan 10, 2014	Case: 6684-XEQ	Judge Ortiz
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, the defendant's speech was not understandable, and he appeared disoriented. The defendant was unsteady and unable to perform any field sobriety tests due to his high level of intoxication. He 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.

Jan 7, 2014	Case: 6693-XEQ	Judge Altfield
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. The defendant failed all the field sobriety tests according to the officer and she was then arrested for DUI. None of the tests were video taped. After her arrest, she blew a .106 in the breath machine and then refused to provide a second breath sample as required by Florida law.
Defense:	Parks & Braxton pointed out to the State that the defendant never stepped off the line on the walk turn, never put her foot down on the one leg stand test, and estimated 27 out of 30 seconds on the Rhomberg balance test. Thus, the firm showed the State numerous weaknesses in their case and the firm was ready for trial.
Result:	The State dropped the DUI.

Jan 6, 2014	Case: 5920-WMB	Judge Krieger-Martin
Facts:	The defendant was stopped for continuously weaving and nearly side-wiping another car. The defendant had an odor of alcohol, slurred speech, and blood-shot eyes. He also admitted to having a few drinks and taking a prescribed anti-depressant medicine. The defendant failed all the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol, however, the officers never asked for urine. This was the defendant's Second DUI within a five year period.
Defense:	Despite the fact that the report listed an alleged statement by the defendant concerning medication, the fact that the officer never asked for a urine sample demonstrated a lack of credibility. On the morning of trial Parks & Braxton pointed out to the State the weaknesses in their case.
Result:	The State dropped the DUI.

Jan 3, 2014	Case: 12-022256MM10A	Judge Brown
Facts:	The defendant was seen passed out at the airport in front of the terminal with the engine on, the car in gear, and his foot on the brake. The initial officer approached the vehicle in an attempt to wake him up. The defendant woke up, hit the gas peddle and drove up onto the curb. The initial officer observed signs of impairment and subsequently requested a DUI task force officer to conduct a DUI investigation. The DUI officer observed a strong odor of alcohol, bloodshot eyes, slurred speech as well as unsteadiness. The defendant then performed field sobriety tests. On video the defendant performed the walk and turn, one leg stand, HGN (eye test), as well as the finger to nose test. He was subsequently arrested for DUI and refused a breath test.
Defense:	Based on several conflicts between the video and the police reports Parks & Braxton announced ready for trial.
Result:	The State dropped the DUI.

Dec 17, 2013	Case: 49-2013-CT-003741	Judge Epperson
Facts:	The defendant was stopped for having an expired registration. The officer noticed an odor of alcohol, blood-shot eyes, and very slurred speech. The defendant stated that he had drank two long island iced teas and a lemon drop shot. According to the officer, the defendant swayed and weaved as he walked while outside the car. The defendant then performed the field sobriety tests. According to the arresting officer, he failed them all and was arrested for DUI . After his arrest, he refused the breath test. The entire incident was captured on video tape.
Defense:	Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause to arrest the defendant for DUI since none of his "normal faculties" were impaired. We pointed out to the State that the entire video contradicted what was written in the police reports.
Result:	Prior to the motion ever being argued, the State watched the video tape and then Dropped the DUI to a Simple Civil Traffic Infraction.

Dec 17, 2013	Case: 13-CT-502275	Judge Hayes
Facts:	The defendant was stopped for driving 101 miles per hour in a 70 mile per hour zone at about 7:30 a.m.. She was also changing lanes improperly, following too closely, and failing to use her signal. The officer noticed the defendant to have an odor of alcohol, quickly placed her in hand cuffs, and arrested her for reckless driving. The officer then requested that the defendant perform field sobriety tests. According to the officer, she failed them and was also arrested for DUI. After her arrest, she tested positive for for alcohol on the breath machine, however, the officer actually believed she was impaired by a chemical and/or controlled substance.
Defense:	Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. The State Dismissed the DUI and the defendant received no conviction or points on the other reckless driving charge.
Result:	The DUI was dismissed.

Dec 13, 2013	Case: 2012-CT-005439	Judge Obrien
Facts:	The defendant was stopped for driving on a flat tire and a rim. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he swayed while standing. He was also staggering. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .203 and .203 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that the lead officer was being investigated for very serious disciplinary allegations. Based on the findings and what was known to the State about the officer, they could not proceed in good faith.
Result:	The DUI was dismissed.

Dec 11, 2013	Case: 7102-XEP	Judge Lefler
Facts:	The defendant was stopped for allegedly weaving inside her lane and bumping into a curb one time. The officer observed the defendant to have an odor of alcohol and glassy eyes. She then performed the roadside tests. According to the officer, she failed them all. The defendant also admitted to consuming 4 to 5 beers and also feeling the effects of the alcohol. She was arrested for DUI. After her arrest, she blew a .131 and .140 in the breath machine. The entire incident, including the driving pattern, was captured on video tape.
Defense:	Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause that any traffic infraction was committed. Furthermore, we alleged that there was also no reasonable suspicion to believe that the defendant was an impaired driver based on the video tape. The Judge watched the video tape of the driving pattern, heard testimony, and listened to some case law being cited. The Judge then determined that the stop was unlawful and Granted the motion.
Result:	The DUI was dismissed.

Dec 6, 2013	Case: 13-7894-XBPWS-15	Judge Wansboro
Facts:	The defendant was stopped for illegally driving through a construction area. The officer noticed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and and was arrested for DUI. After her arrest, she blew a .08 in the breath machine.
Defense:	Parks & Braxton first pointed out to the State that the solutions used during the control tests on the defendant's breath card read higher than her actual breath test results. Thus, we argued it could have easily made her test results appear falsely higher than the legal limit of .08. We also pointed out that on video tape, although the defendant totally messed up the alphabet test, she kept telling the officer that English was not her first language. However, he still had the hand cuffs out in his hand even before she finished.
Result:	The State dropped the DUI.

Dec 6, 2013	Case: 6972-XEX	Judge Ortiz
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton was ready for trial.
Result:	The State dropped the DUI.

Dec 5, 2013	Case: 2013-CT-006492AXXX	Judge Drake
Facts:	The defendant was involved in a one car crash whereby she ended up on a median. The officer observed her to have an odor of alcohol, unsteadiness, stagger at times, and slurred speech. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. The whole incident was captured on video tape.
Defense:	Parks & Braxton filed pre-trial a motion to suppress all of the defendant's statements to police on video tape which were obtained in violation of her Miranda rights. We also filed a motion to exclude her refusal to perform the field sobriety exercises as she was never advised of any adverse consequences by the officer as required by Florida law.
Result:	The State dropped the DUI.

Dec 5, 2013	Case: 2013-CM-007527	Judge Conrad
Facts:	The defendant was stopped for having no tag light and making an improper turn. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. Fresh vomit was also seen running down the driver's side door. The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that although there was a working police video camera at the scene , the entire DUI investigation was not taped. There was never any reason provided by the police as to why the investigation was not taped.
Result:	The State dropped the DUI.

Dec 3, 2013	Case: 48-2013-CT-008205--A-O	Judge Ansbro
Facts:	The defendant was stopped for not having an operable tag light, failing to stop at a flashing red signal, and making a wide right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton announced ready for trial.
Result:	On the morning of jury trial, the State Dropped the DUI.

Nov 20, 2013	Case: CT-2481-XBP	Judge Dominguez
Facts:	The defendant was the at fault driver in a high speed crash. When the officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The officers also noticed that the defendant was lethargic in his movements and was swaying. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The entire investigation was captured on video tape.
Defense:	Parks & Braxton pointed out to the State that the officers' observations alleged in their reports were contradicted by the video tape. For example, the defendant was not swaying on tape and his speech was clear.
Result:	The State dropped the DUI.

Nov 14, 2013	Case: 12-019107MM10A	Judge Murphy
Facts:	A civilian witness observed the defendant driving recklessly. At one point she stated that the defendant almost crashed into another vehicle. She called 911 and provided a description of the car, the driving pattern as well as all of her personal information. Two officers located the defendant and observed her fail to maintain a single lane one time. The officers subsequently pulled the defendant over. The two officers noticed several signs of impairment and called for a DUI task force officer to conduct the investigation. The DUI officer observed a strong odor of alcohol, a flushed face as well as slurred speech. In addition, the defendant was unsteady on her feet. She kept ranting on video about how she knew the sheriff. She conducted the HGN (eye test), walk and turn and the one leg stand. She performed poorly on all tests and was arrested for DUI. All testing was performed on video. At the breath alcohol testing facility she blew a .218 and .204 in the breath machine.
Defense:	Parks & Braxton filed a motion to suppress based on an unlawful seizure. At the motion to suppress, the civilian witness testified in detail concerning the severity of the driving pattern. The witness talked about the near collision as well as the weaving all over the road. Next, one of the stopping officers testified. He stated that while dispatch told him to look out for a reckless driver, they did not describe the driving pattern to the officer with any specificity. In addition, he admitted that since he was not the lead officer, he did not see the defendant fail to maintain a single lane. The motion was granted and all of the evidence was thrown out.
Result:	The DUI was dismissed.

Nov 12, 2013	Case: 13-CT-505089	Judge Hayes
Facts:	The defendant was seen by the police making numerous traffic turns. The defendant then stopped his car in a driveway and sat there. The officer then activated his his overhead lights for some reason and the defendant exited his car and walked towards the officer. The officer then noticed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew .198 and .192 in the breath machine.
Defense:	Parks & Braxton pointed out the State that the defendant did not commit any traffic infractions and there was no reasonable suspicion of a crime. By the officer turning on his overhead lights, the officer turned the initial encounter into an unlawful seizure.
Result:	The DUI was dismissed.