DUI Wins

Sep 18, 2012	Case: 12-CT-500951	Judge Mann
Facts:	The defendant was stopped for making an illegal u-turn and speeding. The trooper observed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant had poor balance and also leaned against his truck for balance. According to the officer, he failed every roadside test and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State prior to the trial date that the investigating trooper had an operational video camera in his patrol car but never even video taped the entire DUI investigation.
Result:	The State Dropped the DUI.

Sep 7, 2012	Case: 11-027007MM10A	Judge Brown
Facts:	The defendant was found passed out in a parking lot at approximately 1:00 in the morning. The officers stated that the keys were in the ignition and the engine was running. In addition, the officers said the vehicle was parked across two spaces. The officers observed a strong odor of alcohol, bloodshot eyes, a flushed face as well as slurred speech. The officers then called for a DUI task force officer. The Trooper made similar observations to the other officers and conducted field sobriety tests. After the walk and turn test, one leg stand and the finger to nose test, the defendant was placed under arrest for DUI. The Trooper stated in his report that the investigation was placed on video. This was the the defendant's 3rd DUI offense.
Defense:	Despite the Troopers contention, the video only captured a portion of a bumper and then the back of an empty police car. Parks & Braxton filed a motion to dismiss based on destruction of evidence. During cross-examination of the motion, the Trooper testified that he had previously fabricated a police report.
Result:	After the Trooper's testimony, the State dropped the DUI.

Sep 7, 2012	Case: 1261-XEU	Judge Wolfson
Facts:	The defendant was detained by the police after a verbal dispute with a neighbor. The officer noticed the defendant with an odor of alcohol, stumbling, bloodshot eyes, and slurred speech. According the officer, 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 officer had no legal reason to initially detain the defendant as no crime was or had been committed.
Result:	The State Dropped the DUI.

Sep 6, 2012	Case: CT-005019-XEP	Judge Jeske
Facts:	The defendant was stopped for weaving and making an improper right turn. The officer noticed an an odor of alcohol, a sway, and bloodshot/watery eyes. She then performed roadside tasks at the request of the officer on video tape. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton pointed out to the State, prior to trial, that none of the defendant's normal faculties were impaired on video tape versus what was written in the officer's reports.
Result:	The State dropped the DUI.

Sep 6, 2012	Case: 2791-XDP	Judge Altfield
Facts:	The defendant was stopped for violating the State's move over law. The officer noticed an odor of alcohol, bloodshot eyes, and he stumbled. According to the officer, he failed the roadside tests. The officer wrote a very vague report as it related to the roadside tests. He was arrested for DUI and then subsequently refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Sep 6, 2012	Case: 2011-CT-00165701XXBA (JURY TRIAL)	Judge Kirkland
Facts:	The defendant was stopped for driving with loud music in violation of Florida Statutes. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant used the car door for balance and swayed. He performed poorly on the roadside tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test. He was charged with not only DUI, but also a Second and/or subsequent refusal to submit to breath testing. This was also the defendant's Fourth DUI arrest.
Defense:	Parks & Braxton went to jury trial on the case. The State tried the defendant on the refusal charge first, prior to the DUI, as they were separated by law. At jury trial, Parks & Braxton argued there was no probable cause to arrest the defendant for DUI which is an element of the refusal crime.
Result:	In the middle of jury trial, the State not only Dropped the DUI charge but also closed the refusal charge out very favorably to the defendant.

Sep 5, 2012	Case: CT-004911-XGA	Judge Myers
Facts:	The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed and odor of alcohol, bloodshot eyes, unsteadiness, and slurred speech. The defendant admitted to drinking at a local bar. He failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he took an incorrect number of steps and stepped off the line a number of times. On the one leg stand test, he almost fell over at one point. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State dropped the DUI.

Sep 4, 2012	Case: 0085-XER	Judge Krieger-Martin
Facts:	The defendant was the at fault driver as he hit a parked car. Officers observed an odor of alcohol, rapid speech, and bloodshot/watery eyes. The defendant admitted to being involved in the crash and coming from a party. The defendant was asked to conduct roadside tests but refused stating "it is your word against mine." He was then arrested for DUI Causing Property Damage and then he refused the breath test.
Result:	On the morning of trial, the State Dropped the DUI.

Sep 4, 2012	Case: 6691-XDX	Judge Seraphin
Facts:	The defendant was the at fault driver as she drove up on a curb and hit a stop sign. Officers observed an odor of alcohol, slow speech, and watery eyes. According to the officers, she performed poorly on the roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, used her arms for balance, and lost her balance during the instructions. On the one leg stand, she used her arms for balance, hopped, and put her foot down. She was then arrested for DUI.
Result:	On the morning of trial, the State Dropped the DUI.

Sep 4, 2012	Case: CT-6221-XFA	Judge Weis
Facts:	The defendant was confronted by the police when his vehicle was stopped in the middle of the roadway. The officers noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot/glassy eyes. He was also observed to be unsteady on his feet. He refused to perform field sobriety exercises requested by the officers and was arrested for DUI.
Result:	The State Dropped the DUI.

Sep 1, 2012	Case: 09-012353MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
Result:	The motion to suppress was granted. The DUI was Dismissed.

Aug 24, 2012	Case: 8486-XEX	Judge Ortiz
Facts:	The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and he admitted drinking three beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .188 and .174 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Aug 24, 2012	Case: 2011-MM-018282AXXX	Judge Bryson
Facts:	The defendant was encountered/stopped by the police when he drove up right behind a police officer who was on another traffic stop. According to the officer, he screeched his tires within five feet behind his patrol car in violation of the move over law. The officer walked up to the car and motioned to the defendant to roll down his window. The defendant complied and rolled his window down and the officer went up to the car. The officer stated the defendant had some slurred speech and an odor of alcohol. The officer then took the defendant's keys and put them on the roof. The defendant was then detained until a DUI unit arrived. The defendant then performed the roadside tests on video. He failed them all as he looked highly intoxicated and then was arrested for DUI. After his arrest for DUI, he refused the breath test. He was also charged with a second refusal.
Defense:	Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant could not move over as another car was blocking him from doing so and he did slow down in his lane of travel as required. We also alleged that the officer's motioning to the defendant to roll his window down and the taking of his keys were seizures. It should be noted that the officer was impeached at the motion hearing based on his pre-trial deposition whereby he previously stated that he never smelled any alcohol. The defendant also testified at the motion hearing in total contradiction to the officer. For example, he testified that he ended up farther back from the patrol car and never screeched his tires.
Result:	The Judge Granted the Motion to Suppress, threw out all the evidence, and the DUI and Refusal charges were Dismissed.

Aug 21, 2012	Case: 11-013468MM10A	Judge Ross
Facts:	The defendant was observed by DUI task force sleeping behind the wheel at a green light. After approximately 20 seconds, the defendant made a left turn. The defendant then failed to maintain a single lane by driving over the bike lane which was captured on video. The defendant pulled over and performed field sobriety tests also on video. He was subsequently arrested and blew a .096 in the breath machine.
Defense:	Parks & Braxton filed a motion to suppress based on an unlawful stop. Despite the fact that the motion to suppress the stop was denied, the deputy provided several statements on the stand that were inconsistent with both the video as well as his reports.
Result:	On the morning of trial the State dropped the DUI.

Aug 20, 2012	Case: 11-2523MM10A	Judge Brown
Facts:	The defendant was found passed out slumped over the wheel of his vehicle with drool protruding from his mouth. The engine was running and the keys were in the ignition. After the officer woke the defendant up he requested his drivers license. The driver first produced a take-out menu and then provided a $100.00 bill. After speaking with the defendant, the officers observed a strong odor of alcohol, red glassy eyes, flushed face and slurred speech. The defendant admitted to drinking 5 mixed vodka drinks. The defendant performed and allegedly failed the field sobriety tests. He was subsequently arrested for DUI.
Result:	The DUI was dismissed.

Aug 20, 2012	Case: 2011-CT-021108AAXXX	Judge Hudson
Facts:	The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. According to the officer, he failed the field sobriety tests which were not video taped. After his arrest for DUI, he refused the breath test.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial stop of the defendant's vehicle.
Result:	Prior to the motion ever being heard, the State Dropped the DUI.

Aug 17, 2012	Case: 8100-XEE	Judge Ortiz
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant could not perform any roadside tests due to his high level of intoxication. After his arrest for DUI, he blew a .237 and .242 in the breath machine.
Result:	The State Dropped the DUI.

Aug 17, 2012	Case: 7477-XDK	Judge Ortiz
Facts:	The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, glassy eyes, slow movements, and slurred speech. According to the officer, he failed the roadside tests. For example, on the walk and turn test, he stepped off the line and stopped walking to regain his balance. On the one leg stand, he put his put down and swayed. After his arrest for DUI, he refused the breath test.
Result:	The State Dropped the DUI.

Aug 17, 2012	Case: 3348-XEX	Judge Ortiz
Facts:	The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and he admitted drinking three rum and cokes. A bottle of vodka was found in the car. After performing poorly on the roadside tests according to the officer, he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton announced ready for trial.
Result:	The State Dropped the DUI.

Aug 16, 2012	Case: 2767-XDP	Judge Newman
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he swayed while standing, and dropped his driver's license. According to the officer, he did not perform to standards on the field sobriety 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.