DUI Wins

Feb 12, 2013	Case: 3643-XED	Judge Altfield
Facts:	The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, red eyes, and a raspy voice. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .184 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Feb 1, 2013	Case: 12-CT-503946	Judge Hayes
Facts:	The defendant was stopped for weaving all over the road and onto the grass almost hitting a lamp post. The officer noticed an odor of alcohol, bloodshot eyes, and he was having trouble focusing. He was asked to step out of the vehicle and he stumbled and almost fell. He could not stand without using his vehicle for support. He also admitted to drinking six beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Jan 31, 2013	Case: 2012-CT-026065AXXX	Judge Hanser
Facts:	The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test.
Defense:	Parks & Braxton pointed out the State that the driving pattern on captured on video and the defendant's speech pattern caught on tape contradicted the arresting officer's reports.
Result:	The State Dropped the DUI.

Jan 16, 2013	Case: 2011-CT-4835-GTH	Judge Garagozlo
Facts:	The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine.
Result:	The State Dropped the DUI.

Jan 15, 2013	Case: CT-004527-XGA (JURY TRIAL)	Judge Dominguez
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine.
Defense:	At jury trial, Parks & Braxton argued that the State had not proven beyond a reasonable doubt that the defendant was "driving" with a breath alcohol content of .08 or higher as required by Florida law.
Result:	After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 10, 2013	Case: 2012-CT-001266A	Judge Kreider
Facts:	The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the urine results. In our motion, we alleged that the officer had no legal basis under Florida law and the facts of the case to request the urine sample.
Result:	On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 8, 2013	Case: 11-007778MM10A	Judge Robinson
Facts:	The defendant was initially observed hitting two parked motorcycles and then leaving the scene. The DUI task force officer pulled the defendant over and observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant performed several field sobriety tests on video and was subsequently arrested for DUI. He then refused to submit to a breath test.
Defense:	Despite the defendant's performance on the field sobriety tests, Parks & Braxton acquired his medical records which revealed certain illnesses which would explain his performance. Parks & Braxton told the defendant that he should proceed to trial.
Result:	On the morning of trial, the State dropped the DUI.

Jan 8, 2013	Case: CT-005567-XGA	Judge Weis
Facts:	The defendant was the at fault driver in a rear end crash. The officer who arrived on scene questioned the defendant about the crash and the events of the evening. The defendant gave inconsistent responses to the officer's questions. She also admitted to taking antihistamines for a cold. The officer then detained her and conducted the HGN (eye test) and believed her to be impaired by either a chemical and/or controlled substance. After the HGN test, she then performed the walk and turn, finger to nose, and walk and turn tests. According to the officer, she failed the tests and then arrested her for DUI. After her arrest, she refused to give a breath and also a urine sample. This was the defendant's second DUI.
Defense:	Parks & Braxton pointed out to the State that there was no evidence that the defendant was impaired by alcohol, a "specific" chemical substance and/or "specific" controlled substance as required by Florida Law.
Result:	The DUI was Dismissed.

Dec 18, 2012	Case: 2012-MM-000306000MMR	Judge Becker
Facts:	The defendant was involved in a crash whereby he side-swiped another car and struck a DOT sign. The officer observed slurred/thick tongued speech, swaying, and he appeared groggy. The officer believed the defendant to be impaired by a chemical and/or controlled substance. The defendant admitted to taking Xanax and a pain killer. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused to provide a urine sample.
Defense:	Parks & Braxton were ready for trial.
Result:	The State could not prove that the defendant was impaired at the time of the crash by the specific drugs as required by Florida law. The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-005812AXXX	Judge Shore
Facts:	The defendant was stopped for driving to slow and affecting other traffic. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant refused to perform the field sobriety exercises and was arrested for DUI. After his arrest, the defendant refused to give a breath sample.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-012561AXXX	Judge Shore
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, swaying, and a flushed face. The defendant refused to perform 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.

Dec 14, 2012	Case: 5153-XEM	Judge Ortiz
Facts:	The defendant was stopped for swerving into a curbed median which eventually caused his tires to go flat. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to having a couple of beers. The defendant also had slurred speech and was unsteady. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Dec 13, 2012	Case: 11-026545MM10A	Judge Robinson
Facts:	The defendant was involved in a traffic crash. The victim followed the defendant and eventually spoke to a Florida Highway Patrol Trooper. The officer then came into contact with the defendant and observed an odor of alcohol, flushed face, bloodshot eyes, and vomit on the defendant. The officer informed the defendant that he was conducting a criminal investigation for DUI and requested the defendant to perform field sobriety tests. On the walk and turn test, the defendant missed heel to toe, stepped of the line, and turned improperly. On the one leg stand test, the defendant swayed, used his arms for balance, and put his foot down. The defendant was arrested for DUI. After his arrest, he blew a .108 and .104 in the breath machine.
Result:	The State conceded the motion and then Dropped the DUI.

Dec 12, 2012	Case: CT-009122-XBP	Judge Dominguez
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol and bloodshot eyes. He was unsteady exiting the vehicle and also unsteady walking. According to the officer, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .133 and .133 in the breath machine.
Defense:	Prior to trial, Parks & Braxton discovered that the video tape in the officer's patrol car was either destroyed or never properly uploaded to the computer system. Thus, there was no video tape of the defendant's actions, appearance, and performance of the field sobriety tests.
Result:	Prior to filing any motion to dismiss for destruction of evidence, the State Dropped the DUI.

Dec 12, 2012	Case: CT-005445-XEP	Judge Dominguez
Facts:	The defendant was involved in a one car crash whereby he hit a curb, went airborne, and then crashed into a fence and a wall. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having a couple of drinks. He refused all roadside testing on video tape and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared for trial.
Result:	The State Dropped the DUI.

Dec 11, 2012	Case: 11-028052MM10A	Judge Diaz
Facts:	The Police received a call concerning a reckless driver. When the officer observed the defendant he was driving on a rim with sparks flying. The defendant refused to stop while two officers were following him with their lights and sirens on. Eventually, the defendant pulled into an apartment complex and parked his car. The officers ordered the defendant out of the vehicle several times and eventually had to pull him out. The officers observed signs of impairment and requested that the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn test as well as the one leg stand, he was arrested for DUI. The defendant refused to submit to a breath test.
Defense:	Parks & Braxton took a deposition of each of the officers involved. Based on their inconsistent statements, the firm filed a motion to suppress all of the evidence based on an unlawful detention.
Result:	On the day of the motion, the State dropped the DUI.

Dec 10, 2012	Case: 11-001876CTMA	Judge Tinlin
Facts:	The defendant was stopped based on numerous calls about her swerving all over the road. The deputy who stopped her also observed weaving. Officers observed an odor of alcohol, glassy eyes, and mumbled speech. She fumbled while looking for her driver's license and staggered upon exiting the car. The officer even had to grab her arm to help her with her balance. She then performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton gathered numerous medical documents from the defendant pertaining to a severe medical condition that she has endured for years. We pointed out to the State that the medical condition prevented her from performing any of the field sobriety exercises well.
Result:	The State Dropped the DUI.

Dec 9, 2012	Case: 6987-XEE	Judge Seraphin
Facts:	The defendant was stopped for driving on the rims of her tires as they were blown out. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. After performing poorly the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .189 and .197 in the breath machine.
Result:	The State Dropped the DUI.

Dec 9, 2012	Case: 2012-MM-003754 (JURY TRIAL)	Judge Schott
Facts:	The defendant was stopped by the police after a person called 911 and stated the defendant was driving all over the road, running red lights, and hitting curbs. The officer stopped the car and noticed an odor of alcohol, severely slurred speech, bloodshot eyes, and slow/lethargic movements. Once the defendant was outside the car, he was unsteady and incoherent. He performed the roadside tasks at the request of the officer whereby he appeared highly intoxicated. The defendant admitted drinking 4-5 beers that day and also apologized to the officer that he should not be driving. After his arrest for DUI, he refused the breath test. It should be noted that the breath technician at the police station also testified that the defendant was totally incoherent and obviously impaired which was all was captured on video tape. Furthermore, the State played the 911 tape at trial for the jury.
Result:	The Jury found the defendant Not Guilty in less than ten minutes.

Dec 7, 2012	Case: 12-2184XGRTWS	Judge Salton
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a couple of drinks. According to the arresting officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense:	Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video tape.
Result:	Three days before Jury Trial, the State Dropped the DUI.