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DUI Wins

Our Recent Victories

May 29, 2013 Case: CT-6238-XEP Judge Dominguez

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.

Parks & Braxton were ready for trial.

The State dropped the DUI.

May 28, 2013 Case: 2013-CT-000462-A-O-X Judge Craner

The defendant was initially involved in a crash. The officer then followed the defendant and observed him weaving. Once stopped. the officer observed the defendant to have an odor of alcohol, glossy eyes, he seemed confused, and was swaying. He refused to perform the the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial and were prepared to try the case.

The State dropped the DUI.

May 28, 2013 Case: 6441-XEQ Judge Seraphin

The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, a flushed face, and slurred speech. The defendant also used the door for balance. According to the officers on site, they did not perform any roadside tests for the defendant's safety due to severe balance issues. He was then arrested for DUI. After his arrest, he blew a .271 and a . 272 in the breath machine.

Parks & Braxton prepared for trial.

The State dropped the DUI.

May 23, 2013 Case: CTC125720XDJANC Judge Dittmer

The defendant was found asleep in his car in a parking lot by police. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant was unsteady and disoriented. According to the officer, he failed the video taped roadside tests by displaying numerous signs of intoxication. He was then arrested for DUI and after his arrest he refused the breath test. This was the defendant's second DUI arrest within five years.

Parks & Braxton pointed out to the State prior to jury trial that the defendant had no "capability" of operating the motor vehicle while asleep. Thus, he could not have been in "actual physical control" of the vehicle.

The State dropped the DUI.

May 21, 2013 Case: CT-5919-XEP Judge Conrad

The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and fumbling fingers. The defendant admitted to drinking five glasses of wine over the course of the entire night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .115 and .122 in the breath machine.

Parks & Braxton pointed out to the State that on the video tape, none of the defendant's "normal faculties" were impaired during the field sobriety tests and that his breath alcohol content may have been lower than the legal limit at the "time of driving."

The State dropped the DUI.

May 15, 2013 Case: CT-9800-XEG Judge Courtney

The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant had bands from bars on his wrist. The defendant began to do the walk and turn test on video tape and then stopped and refused to continue the rest of the field sobriety tests. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared for trial.

The State dropped the DUI.

May 15, 2013 Case: CT-5658-XGA Judge Courtney

The defendant was the at fault driver in a crash whereby he ran off the road into the woods and the vehicle flipped over. Officers observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officers, he failed the roadside tests which were video taped and then he was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI.

Parks & Braxton pointed out to the State the on scene video tape of the roadside tests was destroyed and/or corrupted. Thus, there was the potential destruction of material evidence as nobody could say what actually happened to the original video tape.

The State dropped the DUI.

May 13, 2013 Case: 2013-CT-002196-A-O-X Judge Barlow

The defendant was found by police passed out behind the wheel of her car at an intersection. The officer noticed an odor of alcohol, bloodshot-eyes, and slurred speech. The defendant performed field sobriety tests on video tape and showed numerous signs of intoxication. She also admitted drinking numerous glasses of champagne. She even fell down at one point on tape. She was then arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton announced ready for trial and were prepared the morning the case was set.

The State dropped the DUI.

May 13, 2013 Case: 0355-XFE Judge Altfield

The defendant crashed his car off the road into a light pole and several trees. Fire rescue arrived, treated the defendant, and transported him to the hospital where the police then met him. At the hospital, the defendant admitted to the officers to taking Ambien and smoking marijuana just before driving his car. He also stated that he felt the drugs "kicking in." The officers had him perform field sobriety tests which he failed at the hospital. The defendant was requested to provide a blood sample to which he complied. He was then arrested for DUI (controlled and/or chemical substance) and taken to the jail. The blood work was then sent off to the toxicology lab for analysis.

On the morning of jury trial, Parks & Braxton pointed out that the State had violated the discovery rules by not providing the toxicology lab results in a timely fashion. The speedy trial time frame had run out on the State to bring the defendant to trial.

The DUI was dismissed.

May 10, 2013 Case: 2013-CT-001645-O-X Judge Bigney

The defendant crashed her car into a utility pole. The officer observed the defendant to have an odor of alcohol, red eyes, and slow speech. She also appeared dazed and confused. The defendant also stated she had a few drinks. According to the officer, she performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State prior to trial that they would have a difficult time placing the defendant in "actual physical control" of the car at the time of the crash based on the reports.

The State dropped the DUI.

May 8, 2013 Case: CT-006654-XFA Judge Dominguez

The defendant was the at fault driver in a rear end crash. The officer who arrived, observed the defendant to have an odor of alcohol, slow/slurred speech, blood-shot eyes, and he appeared unsteady. The defendant started to perform the walk and turn exercise and then stopped. He then refused to perform the rest of the field sobriety tests and was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton prepared for trial.

The State dropped the DUI.

May 6, 2013 Case: 2012-CT-013107-AXXX Judge Cofer

The defendant's friend was stopped by police for speeding and running a stop sign while driving the defendant's van. The defendant's friend stopped the van, and the officer observed her jump into the back seat. As the officer approached, our client then moved over to the driver's seat in order to provide the officer with the vehicle documentation since it was her van. The officer was aware that the original driver who was now in the back of the van was the original driver and our client was the original passenger. Upon making contact with our client, the officer noticed the keys were in the ignition and engine was running. He observed our client to have an odor of alcohol, slurred speech, blood-shot eyes, and trouble maintaining her balance. The defendant admitted to drinking and feeling buzzed. She performed very poorly on the field sobriety tests and was arrested for DUI, as was her friend who was highly intoxicated (the original driver) who jumped into the back seat. After our client's arrest for DUI, she blew a .163 and .159 in the breath machine.

Parks & Braxton announced ready for trial. On the morning of trial, as well as before hand, the firm pointed out to the state that our client could not be in actual physical control of a motor vehicle while she was being detained by law enforcement. Also, the in dash police car video tape had been destroyed which would have captured the entire traffic stop.

The State dropped the DUI.

May 2, 2013 Case: 4880-XEM Judge Newman

The defendant was stopped for obstructing traffic. The officer observed an odor of alcohol, bloodshot-eyes, and slurred speech. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State that the roadside report describing the defendant's alleged performance was very vague with hardly any details. The firm was ready for trial.

The State dropped the DUI.

Apr 30, 2013 Case: 2012-CT-011431AXXX Judge Bryson

The defendant was seen by an officer pulling into a parking space in a shopping center. The officer observed him pulling in very crooked into the parking space. He watched the defendant stumble out of the car and then saw him lose his balance and sway while walking towards the store. When the defendant came out, the officer went up to him and asked "if he was ok" and noticed the defendant to have an odor of alcohol on his breath, slurred speech, a flushed face, and glassy eyes. He then called for a DUI unit. The DUI officer arrived with an in car camera and asked the defendant to perform field sobriety tests to which the defendant refused. The defendant also admitted to having five drinks. He was then arrested for DUI and after his arrest he refused the breath test.

Parks & Braxton took pre-trial sworn depositions of the two officers involved in the case. At the depositions, the two officers contradicted each other on what they observed. For example, one stated the defendant was totally off balance versus the other who said he never observed anything like that. All there depositions, reports, along with the video tape were conflicting.

The State dropped the DUI.

Apr 30, 2013 Case: 2013-CT-002166--A-O-X Judge Barlow

The defendant was stopped for speeding and weaving. Officers observed an odor of alcohol, red eyes, and the defendant admitted drinking two beers. According to the officers, he failed the roadside tests and was arrested for DUI. Although he tested positive for alcohol on the breath machine, the officers concluded he was impaired by a chemical and/or controlled substance versus alcohol after completing their entire investigation.

Parks & Braxton pointed out to the State that they could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida law.

The State dropped the DUI.

Apr 29, 2013 Case: 4967-XEM Judge Seraphin

The defendant was found passed out behind the wheel of his car by police in the middle of the roadway. The defendant's car engine was running. Officers observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He was unsteady once outside the car and he seemed confused. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Apr 26, 2013 Case: 9237-FXC Judge Wolfson

The defendant was stopped for speeding in a school zone. The officer observed the defendant's car to have an odor of marijuana coming from the interior and the defendant's eyes were red and droopy. According to the officer, she failed the roadside tests and was arrested for DUI (impairment by a controlled substance). A urine test was requested and the defendant tested positive for marijuana at the toxicology lab.

Parks & Braxton pointed out to the State that there was no odor of marijuana coming from the defendant's breath and they could not prove how long the marijuana had been in her body based on just the lab report.

The State dropped the DUI.

Apr 26, 2013 Case: 11-015665MM10A Judge Gottlieb

The defendant was stopped for driving 93MPH in a 40MPH zone while almost colliding into other vehicles. The initial officer observed a strong odor of alcohol, flushed face as well as slurred speech. He then requested another officer to conduct the DUI investigation. Upon arrival, the DUI officer made the same observations as the initial officer. The officer asked the defendant to perform field sobriety exercises. The defendant replied "I'm not giving you the rope to hang me". During the conversation, the defendant was swaying and extremely unsteady on his feet. The report indicated that the defendant was placed in handcuffs and arrested for DUI refusal. This was the defendant's 3rd DUI.

Despite the fact that this was the defendant's 3rd DUI, he had never refused a breath test in the past. As a result, the DUI refusal statute did not apply to the defendant. In deposition, the officer admitted to requesting a breath test prior to the arrest. As a result, Parks & Braxton filed a motion to suppress based on an improper request for a breath test. The State stipulated to the motion.

The State dropped the DUI.

Apr 24, 2013 Case: CT-001950-XES Judge Courtney

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he appeared sleepy, belching, and a flushed face. His movements were slow and clumsy at the car in addition to not making eye contact with the officer. Upon exiting the car, the defendant staggered and was unsteady. He also swayed while standing outside the car. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI arrest.

Parks & Braxton pointed out to the State that even though the arresting officer had a working video camera in his car at the scene the entire time, the officer never placed the defendant in front of the camera until the defendant was placed under arrest. Thus, none of the DUI observations he allegedly observed off camera could be seen by anyone and were only written in the reports.

The State dropped the DUI.

Apr 24, 2013 Case: 12-259MM10A Judge Solomon

The defendant was stopped for weaving over the lane markers, driving past the stop bar, almost striking the median and careless driving. The Sgt. smelled a strong odor of alcohol, and admitted coming from a bar. The officer then observed a flushed face and bloodshot eyes. The defendant ultimately stated that he had 5-6 Heinekens. The defendant was asked to perform several field sobriety exercises. He replied "C'mon man, we all make mistakes". Can't you cut me a break"? He then stated "If I do these tests, you're gonna see that I'm over the limit". The defendant was arrested for DUI and refused a breath test. Because the defendant had a prior refusal to submit to a breath test, he was also charged with refusal to submit. This was the defendant's 3rd DUI.

Parks & Braxton filed a motion to suppress based on the officer's failure to properly advise our client during the DUI investigation. The motion was granted and the evidence was excluded.

The State dropped the DUI.

Apr 22, 2013 Case: 2012-CT-005443-A-O Judge Barlow

The defendant was stopped for driving on the rim of his tires and weaving. The officer noticed the defendant to have an odor of alcohol, red eyes, slurred speech, and he stated he had consumed 2-3 drinks. He also used the sidewalk rail for balance when outside his car. On video tape, the defendant performed very poorly on the roadside tests where he displayed numerous signs of impairment. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged the defendant was "coerced" into performing the tests based on statements made by the officer to the defendant on video tape. The Judge Granted the motion and threw out all of the roadside tests.

The State dropped the DUI.

Apr 19, 2013 Case: 2012-CT-031364AXXX Judge Hanser

The defendant was stopped by the police at a roadblock checkpoint. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer. According to the officers, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the mandatory written set of roadblock guidelines created by the police in this case violated the Florida Supreme Court requirements. Also, the firm pointed out to the State that none of the defendant's normal faculties were impaired on video tape as originally written by the officer.

The DUI was dismissed.

Apr 19, 2013 Case: 2013-CT-004205AXXX Judge Bonavita

The defendant was stopped for traveling at a high rate of speed and following another car too closely. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant stated he had drank a couple of drinks. He also used his hands to assist himself in exiting the car and swayed while standing outside. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State during pre-filing negotiations that the video tape contradicted the officers written observations.

The State dropped the DUI.

Apr 17, 2013 Case: CT-005720-XGA Judge McNeil

The defendant was the at-fault driver in a rear-end crash. The officer who arrived on the scene noticed the defendant to have an odor of alcohol, slurred speech, watery eyes, and appeared to be unsteady. The defendant also admitted to drinking beer. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that even though the police had a video camera at the scene, they never video taped the defendant.

The State dropped the DUI.

Apr 17, 2013 Case: CT-008098-XCM Judge Myers

The defendant was found by the police passed out at a green light with his foot on the break, snoring, and his car in the drive position. Upon waking the defendant, the officer noticed an odor of alcohol, thick tongued speech, and glassy eyes. The defendant was very unsteady once outside the car. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that almost the entire police car video tape of the defendant at the scene had been destroyed, corrupted, and/or deleted.

The State dropped the DUI.

Apr 11, 2013 Case: 9377-XEQ Judge Newman

The defendant was found by police when his car was stuck in the gravel surrounding the railroad tracks. The officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. He admitted to drinking 3-4 16 ounce beers and also admitted to being buzzed. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Apr 3, 2013 Case: CT-004792-XGA Judge McNeil

The defendant was stopped by the police after almost crashing into the back of police car which was on another traffic stop. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer that night. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the defendant had a prosthesis on his left arm, which was noted in the reports, and that his balance was affected because of the weight difference on each side of his body due to the prosthesis.

The State dropped the DUI.

Apr 2, 2013 Case: CT-006333-XEP Judge Jeske

The defendant was involved in a side-swipe traffic crash. The officer who came on scene noticed the defendant to have an odor of alcohol, glassy eyes, and unsteadiness. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI and after her arrest she refused the breath test.

Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video versus the written police reports.

The State dropped the DUI.

Apr 2, 2013 Case: 11-027515MM10A Judge Gottlieb

The defendant was stopped for driving without her headlights. In the Trooper's report, he indicates that she had an odor of alcohol, bloodshot eyes as well as slurred speech. It was clear from the video, the defendant did not have slurred speech. The Trooper's report indicates that the defendant was slow in providing her documents. Again, the video contradicts the Trooper's report. The video did indicate problems with regards to the walk and turn test as well as the one leg stand. However, in a previous case, Parks & Braxton got the Trooper to admit that he fabricated a police report.

As a result of the above information, Parks & Braxton announced ready for trial.

The State dropped the DUI.

Apr 1, 2013 Case: 10-021727CF10A Judge McCarthy

The defendant was stopped for running a red light. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Fourth DUI and it was treated as a Felony DUI punishable by up to five years in State prison and a permanent drivers license suspension.

Parks & Braxton presented medical evidence to the State that the defendant's alleged signs of impairment during the roadside exercises were due to prior injuries from being hit while riding a bike and not alcohol. The firm also pointed out to the State numerous conflicts between the two officers that were on scene based on their pre-trial depositions.

The State dropped the DUI.

Apr 1, 2013 Case: 12-000059MM10A Judge Solomon
The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.
Upon being made aware of the officer's testimony, the State dropped the DUI.
Apr 1, 2013 Case: 2012-CT-009930000AOX Judge Miller
The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI on the day of the motion hearing.
Mar 22, 2013 Case: 7132-XEX Judge Ortiz

The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Mar 18, 2013 Case: 9988-XEQ Judge Krieger-Martin

The defendant was the at fault driver in a traffic crash. He backed into another car in a parking garage. Officers noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed while standing and fumbled with his items. After officers performed the eyes test (HGN) on him, he started cursing at them and then refused to do the rest of the field sobriety tests. He was arrested for DUI and after his arrest he refused the breath test.

On the morning of jury trial, Parks & Braxton announced ready for trial. The State could not place the defendant in actual physical control of the motor vehicle.

The State dropped the DUI.

Mar 18, 2013 Case: 2011-MM-004869A Judge Woodard

The defendant was stopped for speeding and making unusual u-turns. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The officer also observed a wrist band from a bar on the defendant's wrist. The defendant admitted to having three drinks at a bar. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .166 and a .156 in the breath machine.

Parks & Braxton filed a pre-trial motion to exclude the breath test results which the Judge granted and excluded the breath results. In our motion, we alleged that the State failed to disclose certain documentation about the breath machine in question. The firm then announced ready for jury trial.

On the morning of jury selection, the State Dropped the DUI.

Mar 14, 2013 Case: 2012-CT-001618-A-A Judge Craner

The defendant was the at fault driver in a traffic crash whereby he failed to yield. He actually hit a retired police officer. Officers on scene observed the defendant to have an odor of alcohol, watery eyes, slurred speech, and he appeared disoriented. The defendant admitted to drinking beer prior to the crash. The defendant was then taken to the hospital for evaluation. Subsequently, he was arrested for DUI and then refused to give a breath test. This was the defendant's Second DUI within a five year period.

Parks & Braxton provided evidence to the State that the defendant was not impaired by alcohol but rather suffered major head injuries. The firm provided pictures of the defendant's head injuries.

The State dropped the DUI.

Mar 14, 2013 Case: 2012-MM-001882-A Judge Woodard

The defendant was found by police illegally parked and passed out. He was slumped over the wheel. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. He stumbled getting out of the car and almost fell over. The defendant performed very poorly on the roadside tests which were video taped and he was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, officers felt he was actually impaired by controlled substances and requested a urine test. His lab results came back positive for three separate controlled substances from the toxicology lab.

Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that there was no legal justification under Florida statutes for the police to request a urine test from the defendant.

The State dropped the DUI.

Mar 11, 2013 Case: 2011-CT-010919-A-O Judge Bell

The defendant was stopped for weaving several times. The officer noticed an odor of alcohol, bloodshot-eyes, and mumbled speech. The defendant also admitted to drinking champagne. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .140 in the breath machine.

Parks & Braxton pointed out to the State that the video tape of the defendant at the station contradicted the officer's observations of her at the scene. The firm also pointed out to the State that there was also radio frequency interference (RFI) detected just prior her blowing into the breath machine.

The State dropped the DUI.

Mar 7, 2013 Case: 9440-XEQ Judge Newman

The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. He used the car for support upon exiting. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .146 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Mar 5, 2013 Case: 10-004104MM10A Judge Lerner-Wren

The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking whiskey. The defendant also appeared unstable while standing. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the video tape of the defendant contradicted the officer's reports and we announced ready for jury trial.

The State dropped the DUI.

Mar 5, 2013 Case: 9395-XEQ Judge Altfield

The defendant was stopped at a roadblock checkpoint. Officers observed an odor of alcohol, a flushed face, mumbled speech, and blood-shot eyes. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the written roadblock guidelines failed to comply with Florida case law which sets out specific items that must be included in the documents. Parks & Braxton were ready for trial.

The State dropped the DUI.

Mar 1, 2013 Case: 8287-XEX Judge Ortiz

The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking two beers. He failed the field sobriety tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Mar 1, 2013 Case: 5807-XEM Judge Hague
The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery eyes, and slow movements. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .103 and .102 in the breath machine.
The State Dropped the DUI.
Feb 27, 2013 Case: 1241-XEU Judge Wolfson

The defendant was stopped for swerving. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he blew a .086 and .080 in the breath machine.

Parks & Braxton were ready for trial and pointed out to the State the various margins of error in the breath machine which would could have put the defendant under the legal limit.

The State dropped the DUI.

Feb 25, 2013 Case: 2011-CT-009831-A-O Judge Adams

The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant was unstable and had trouble walking. The defendant failed the roadside tests according to the officer and was arrested for DUI. After her arrest for DUI, she blew a .194 and .185 in the breath machine.

Parks & Braxton were ready for trial.

The DUI was dismissed.

Feb 22, 2013 Case: 2012-CT-010826 Judge Fegers

The defendant was stopped for weaving all over the road. He did not pull over right away for the police. Once he stopped the car, the officer then approached and noticed an odor of alcohol, slurred speech, droopy eyes, and he was fumbling around. The defendant was also unsteady on his feet once outside the car. He admitted to drinking beer and taking Percocet (a pain killer). He performed very poorly on the roadside tests and was arrested for DUI. He was also falling asleep at the breath testing facility. The defendant submitted to a breath test and a urine test based on his statements about taking pain killers.

Parks & Braxton discovered evidence during a pre-trial investigation that the urine results were improperly destroyed.

The State dropped the DUI.

Feb 21, 2013 Case: 5354-XEM Judge Hague

The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four drinks. The defendant appeared to be confused and was off balance. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .155 and .139 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Feb 20, 2013 Case: 2012-CT-001174-A-A Judge Blechman

The defendant was involved in a single vehicle accident (motorcycle). The defendant was thrown several feet from the motorcycle and suffered severe injuries. No witnesses saw the crash or the defendant driving the motorcycle. The defendant was transported to the hospital where he was admitted to have major surgery on his left arm. Police later arrived at the hospital and requested a blood sample from the defendant. The officers made no observations consistent with any alcohol impairment before requesting the blood sample. Blood was then drawn from the defendant which later resulted in a blood alcohol reading of .135 from the police toxicology lab. The defendant admitted several weeks later to the police in an interview to driving the motorcycle at the time of the crash and also drinking at a bar prior to the accident. The defendant was subsequently charged with DUI by the State.

Parks & Braxton filed several pre-trial motions to suppress the blood sample and the defendant's statements to police during his interview.

On the day of the motion hearing, Parks & Braxton announced ready to proceed on the motions and the State Dismissed the DUI.

Feb 14, 2013 Case: 2012-CT-031866AXXX Judge Hanser

The defendant was stopped for swerving. The officer noticed an odor of alcohol, slightly slurred speech, and red eyes. The defendant admitted to drinking two beers. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State pre-trial that none of the defendant's normal faculties were impaired.

The DUI was Dismissed.

Feb 14, 2013 Case: 7248-XEX Judge Denaro

The defendant was stopped for running a red light. The officer observed an odor of alcohol, glassy eyes, a flushed face, and slurred speech. According to the officer, the defendant failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, hr blew a .146 and .154 in the breath machine.

Parks & Braxton were ready for trial.

The state dropped the DUI.

Feb 12, 2013 Case: 3643-XED Judge Altfield

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.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Feb 1, 2013 Case: 12-CT-503946 Judge Hayes
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.
The State Dropped the DUI.
Jan 31, 2013 Case: 2012-CT-026065AXXX Judge Hanser

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.

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.

The State Dropped the DUI.

Jan 31, 2013 Case: 2012-CT-026065AXXX Judge Hanser
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.
The State Dropped the DUI.
Jan 16, 2013 Case: 2011-CT-4835-GTH Judge Garagozlo

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.

Parks & Braxton pointed out to the State that they could not place the defendant in "actual physical control" of the car at time of the crash as required by Florida law.

The State Dropped the DUI.

Jan 16, 2013 Case: 2011-CT-4835-GTH Judge Garagozlo
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.
The State Dropped the DUI.
Jan 15, 2013 Case: CT-004527-XGA (JURY TRIAL) Judge Dominguez

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.

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.

After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 15, 2013 Case: CT-004527-XGA (JURY TRIAL) Judge Dominguez
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.
After the jury could not reach a unanimous verdict, the State Dropped the DUI.
Jan 10, 2013 Case: 2012-CT-001266A Judge Kreider

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.

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.

On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 10, 2013 Case: 2012-CT-001266A Judge Kreider

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.

On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 8, 2013 Case: CT-005567-XGA Judge Weis

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.

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.

The DUI was Dismissed.

Jan 8, 2013 Case: 11-007778MM10A Judge Robinson

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.

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.

On the morning of trial, the State dropped the DUI.

Jan 8, 2013 Case: CT-005567-XGA Judge Weis

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.

The DUI was Dismissed.

Jan 8, 2013 Case: 11-007778MM10A Judge Robinson

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.

On the morning of trial, the State dropped the DUI.

Jan 4, 2013 Case: 2012-CT-009930000AOX Judge Miller

The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the arrest. In our motion, we alleged that the initial detention and arrest by the arresting officer was unlawful.

The State Dropped the DUI on the day of the motion hearing.

Jan 4, 2013 Case: 12-000059MM10A Judge Solomon

The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.

At the license hearing, Parks & Braxton was successful in getting the DUI officer to admit that he fabricated a police report. The DMV subsequently returned his license. The testimony from that hearing was ordered and transcribed for the criminal trial.

Upon being made aware of the officer's testimony, the State dropped the DUI.

Jan 3, 2013 Case: 5807-XEM Judge Hague

The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery eyes, and slow movements. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .103 and .102 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Jan 2, 2013 Case: 12-CT-503946 Judge Hayes

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.

Parks & Braxton negotiated vigorously with the State.

The State Dropped the DUI.

Dec 18, 2012 Case: 2012-CT-005812AXXX Judge Shore

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.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Dec 18, 2012 Case: 2012-CT-012561AXXX Judge Shore

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.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Dec 18, 2012 Case: 2012-MM-000306000MMR Judge Becker

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.

Parks & Braxton were ready for trial.

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
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.
The State Dropped the DUI.
Dec 18, 2012 Case: 2012-CT-012561AXXX Judge Shore
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.
The State Dropped the DUI.
Dec 18, 2012 Case: 2012-MM-000306000MMR Judge Becker
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.
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 14, 2012 Case: 5153-XEM Judge Ortiz

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.

Park & Braxton were ready for trial.

The State Dropped the DUI.

Dec 14, 2012 Case: 5153-XEM Judge Ortiz
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.
The State Dropped the DUI.
Dec 13, 2012 Case: 11-026545MM10A Judge Robinson

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.

Parks & Braxton filed a motion to suppress based on coercion to take the field sobriety tests. In the motion, the defense alleged that the officer misstated the law regarding the defendant's obligation to perform the tests.

The State conceded the motion and then Dropped the DUI.

Dec 13, 2012 Case: 11-026545MM10A Judge Robinson
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.
The State conceded the motion and then Dropped the DUI.
Dec 12, 2012 Case: CT-005445-XEP Judge Dominguez

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.

Parks & Braxton prepared for trial.

The State Dropped the DUI.

Dec 12, 2012 Case: CT-009122-XBP Judge Dominguez

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.

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.

Prior to filing any motion to dismiss for destruction of evidence, the State Dropped the DUI.

Dec 12, 2012 Case: CT-009122-XBP Judge Dominguez
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.
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
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.
The State Dropped the DUI.
Dec 11, 2012 Case: 11-028052MM10A Judge Diaz

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.

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.

On the day of the motion, the State dropped the DUI.

Dec 10, 2012 Case: 11-001876CTMA Judge Tinlin

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.

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.

The State Dropped the DUI.

Dec 9, 2012 Case: 2012-MM-003754 (JURY TRIAL) Judge Schott
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.
The Jury found the defendant Not Guilty in less than ten minutes.
Dec 9, 2012 Case: 6987-XEE Judge Seraphin
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.
The State Dropped the DUI.
Dec 7, 2012 Case: 12-2184XGRTWS Judge Salton

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.

Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video tape.

Three days before Jury Trial, the State Dropped the DUI.

Dec 4, 2012 Case: 2012-39354MMAES Judge Davidson

The defendant was stopped for driving without head lights after dark. The officer observed an odor of alcohol, slurred speech, and dilated pupils. He also observed bloodshot eyes and she used the vehicle for support. According to the officer, she failed the video taped roadsides. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State that there was a major problem with the video tape in that you could hardly even see the defendant performing the field sobriety exercises.

The State Dropped the DUI.

Dec 4, 2012 Case: 2012-CT-041996AXXX Judge Baker

The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred speech, and glassy eyes. A bottle of rum was found in the car. According to the officer she failed the video taped roadside tests. After her arrest for DUI, she refused the breath test.

Parks & Braxton pointed out to the State that the video tape contradicted the reports of the defendant's performance on the roadside tests.

The State Dropped the DUI.

Dec 3, 2012 Case: 11-017612MM10A Judge Brown

The defendant was stopped for driving on the wrong side of the road almost colliding with a police officer. The officer approached the defendant and observed a strong odor of alcohol, glassy eyes, a flushed face, dilated pupils and slurred speech. She admitted to drinking and had difficulty exiting the car. She refused all testing. This is the 2nd time Parks & Braxton has successfully defended the client after being arrested for DUI.

Parks & Braxton filed a motion to suppress the refusal based on the officer's failure to provide adverse consequences. At the hearing the officer changed his story several times.

The Judge determined that the officer lacked credibility and granted the motion. The DUI was dropped.

Nov 28, 2012 Case: 2012-MM-00499-A-P Judge Ptomey

The defendant was stopped after a civilian notified police that the defendant was allegedly throwing beer cans out his window while driving down the road. The officer, upon contact, noticed an odor of alcohol, slurred speech, the defendant's clothing smelled like beer, and he swayed. According to the officer, he failed the roadside tests and he was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the defendant was not the one who was throwing the cans out the window as there were other people in the car. Also, the video tape contradicted the officer's reports.

The State Dropped the DUI.

Nov 28, 2012 Case: 2012-MM-00499-A-P Judge Ptomey
The defendant was stopped after a civilian notified police that the defendant was allegedly throwing beer cans out his window while driving down the road. The officer, upon contact, noticed an odor of alcohol, slurred speech, the defendant's clothing smelled like beer, and he swayed. According to the officer, he failed the roadside tests and he was arrested for DUI. After his arrest, he refused the breath test.
The State Dropped the DUI.
Nov 27, 2012 Case: CT-008247-XFA Judge Jeske

The defendant was involved in a single car crash whereby he drove off the road and hit a light pole. The officer who arrived on scene observed the defendant to have an odor of alcohol, bloodshot eyes, and he also was swaying as he stood. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After is arrest, he blew a .099 and .094 in the breath machine.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Nov 27, 2012 Case: CT-008247-XFA Judge Jeske
The defendant was involved in a single car crash whereby he drove off the road and hit a light pole. The officer who arrived on scene observed the defendant to have an odor of alcohol, bloodshot eyes, and he also was swaying as he stood. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After is arrest, he blew a .099 and .094 in the breath machine.
The State Dropped the DUI.
Nov 21, 2012 Case: 11-021253MM10A Judge Gottlieb

The defendant was seen by a civilian witness running several red lights. The civilian then observed the defendant weaving all over the road. The civilian witness called 911 and continued to follow the defendant. At one point the defendant exited her car and vomited on the side of the road before continuing on. Eventually, the defendant stopped and proceeded to throw up again. Eventually, the civilian was able to take the keys out of the car and prevent the defendant from driving. The first officer on scene observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. He also observed vomit and dirt all over her clothing. The officer then collected a sworn taped statement from the civilian witness. The defendant attempted but was unable to perform any of the field sobriety exercises. She was arrested and charged with DUI and DUI Enhanced. She subsequently blew a .202 in the intoxilyzer.

Parks & Braxton filed a motion to suppress based on an unlawful detention. At the motion, the civilian witness testified about the observations concerning the driving pattern. He also stated that he was a bartender and was capable of identifying individuals who were impaired. Nonetheless, on cross examination, the witness failed to testify about any specific observations that might be consistent with impairment other than the driving pattern. The firm argued that similar to an officer, a civilian cannot detain a person if there is no reasonable suspicion to believe the defendant is impaired.

The motion was Granted and both DUI charges were Dismissed.

Nov 21, 2012 Case: 11-021253MM10A Judge Gottlieb
The defendant was seen by a civilian witness running several red lights. The civilian then observed the defendant weaving all over the road. The civilian witness called 911 and continued to follow the defendant. At one point the defendant exited her car and vomited on the side of the road before continuing on. Eventually, the defendant stopped and proceeded to throw up again. Eventually, the civilian was able to take the keys out of the car and prevent the defendant from driving. The first officer on scene observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. He also observed vomit and dirt all over her clothing. The officer then collected a sworn taped statement from the civilian witness. The defendant attempted but was unable to perform any of the field sobriety exercises. She was arrested and charged with DUI and DUI Enhanced. She subsequently blew a .202 in the intoxilyzer.
The motion was Granted and both DUI charges were Dismissed.
Nov 16, 2012 Case: 2012-CT-011396AXXX Judge Evans

The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results.

Parks & Braxton took the pre-trial deposition of the toxicologist who analyzed the urine sample. In deposition, the toxicologist could not state with certainty that the defendant was under the influence of those particular controlled substances at the time of driving as they could have been in his system for a lengthy amount of time.

The State Dropped the DUI.

Nov 16, 2012 Case: 2012-CT-010637AXXX Judge Mitchell

The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test.

Parks & Braxton were ready for trial.

The State Dropped the DUI.

Nov 16, 2012 Case: 2012-CT-011396AXXX Judge Evans
The defendant was stopped for weaving and almost striking a median. The officer observed slurred speech, bloodshot eyes, and the defendant was stumbling. The officer believed that he was impaired by a chemical and/or controlled substance. He then performed the roadside tasks on video. He performed very poorly. For example, on the walk and turn test, he used his arms for balance and fell off the line. On the one leg stand, he kept dropping his foot and the test was terminated. On the alphabet test, he stated the letters out of sequence. He was arrested for DUI. After his arrest, he was requested to give a urine sample. That sample revealed numerous controlled substances in the defendant's system based on the lab results.
The State Dropped the DUI.
Nov 16, 2012 Case: 2012-CT-010637AXXX Judge Mitchell
The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he had mumbled speech. The defendant was wobbly and unsteady upon exiting the car. The defendant refused the roadside tests and after his arrest for DUI he refused the breath test.
The State Dropped the DUI.
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