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DUI Wins

Our Recent Victories

Sep 30, 2013 Case: 4548-XEV Judge Ortiz

The defendant was stopped for failing to stop at a steady red light. The defendant did not stop promptly upon the officer flashing the overhead police lights and air horn several times. Upon coming into contact with the defendant, the officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. According to the officers, he failed 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 both officers on the scene had working video cameras in their patrol cars. However, they both failed to video tape everything at the scene other than the driving pattern. The officers had no reasonable explanation for failing to video tape the whole DUI investigation.

The State dropped the DUI.

Sep 27, 2013 Case: 2013-CT-056671AXXX Judge Clarke

The defendant was found by the police passed out in his car in a parking lot. When officers awoke the defendant, he had an odor of alcohol, blood-shot eyes, and vomit in the car and on himself. The defendant also admitted to having three beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .121 and .125 in the breath machine.

Parks & Braxton pointed out to the State before a trial that the defendant could not have been in "actual physical control" of the car as the car was not even running. Also, the firm pointed out to the prosecutor that the keys to the car were in the defendant's front pants pocket when he was found passed out by the police.

The State dropped the DUI.

Sep 25, 2013 Case: CT-6234-XEP Judge Myers

The defendant was stopped for failing to maintain a single lane and driving over a stop bar at a red light. The officer observed the defendant to have an odor of alcohol, fumbling through her paperwork, and she also had a wrist band on from a bar or club. The defendant also admitted to drinking. According to the officer, she exhibited signs of impairment on the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State that on the video tape, the officer had the defendant perform all the roadside tests on a very slanted road, a ramp. Also, the officer did not fully demonstrate the field sobriety tests as required.

The State dropped the DUI.

Sep 25, 2013 Case: CT-7078-XEP Judge Myers

The defendant was stopped for weaving. The officer observed an odor of alcohol, flushed face, bloodshot -eyes, and she admitted to having a couple of drinks. On video tape, the defendant performed the field sobriety tests. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew a . 125 and .131 in the breath machine.

Parks & Braxton pointed out to the State that the defendant's video taped performance on the roadside tests contradicted her breath test results. That would have indicated that her breath alcohol level may have been lower than the legal limit at the "time of driving."

The State dropped the DUI.

Sep 18, 2013 Case: 2012-MM-09347-A Judge Krause

The police were called out to a residence regarding an alleged fight. Upon arrival, they saw the defendant pulling out of the driveway. Upon contact with the officers, they noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking two beers. The defendant refused to preform the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .150 and .167 in the breath machine.

Parks & Braxton pointed out to the State that there was an unlawful stop of the defendant's car. We discussed with the State that the officer's action of pulling behind the defendant's car and blocking him from moving constituted and unlawful seizure as the defendant's freedom was curtailed. The officer did not even know if the defendant was the one even involved in the alleged fight before blocking his car from moving any further. Furthermore, we pointed out the State that the defendant had a major problem understanding English in his contact with police due to his nationality.

The State dropped the DUI.

Sep 13, 2013 Case: 2012-CT-01575-A-K Judge Miller

The defendant was stopped by the police for driving all over the road and almost hitting a sign. The officer observed an odor of alcohol, slurred speech, droopy eyes lids, and a sway. The defendant also stumbled and had to place his hand on his truck for balance. He refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Sep 12, 2013 Case: 11-020335MM10A Judge Diaz

The defendant was stopped for allegedly leaving the scene of an accident. Once stopped, the officer observed an odor of alcohol, glassy eyes as well as mumbled speech. In addition, the officer stated that the defendant was unsteady on his feet and had mood swings. During a conversation with the officer, the defendant allegedly stated that he just had another DUI. The front tire was flat and the damage to the car was consistent with hitting another vehicle. Subsequently, a DUI task force officer arrived and conducted an investigation. After observing the same signs of impairment, the DUI officer had the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn, one leg stand as well as the finger to nose, the defendant was arrested for DUI. This was the defendant's 2nd DUI. He was also charged with driving while license suspended as a result of the previous DUI.

Parks & Braxton filed a pre-trial motion to exclude evidence. In addition, while the initial officer stated that he heard the accident, he never actually saw the crash. Interestingly, the witness list never included the driver of the other vehicle. It was ultimately clear that the other driver was at fault and subsequently left the scene. The motion to exclude evidence was granted.

The DUI was dismissed.

Sep 12, 2013 Case: 2013-CT-000482 Judge Yerman

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, glossy eyes,and slow movements. The defendant was then asked to perform the roadside tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, this was the defendant's Third DUI.

Parks & Braxton were ready for trial. We pointed out to the State that the defendant was totally misinformed of the law as it related to taking or not taking the roadside tasks which was specifically written by the officer in his reports.

The State dropped the DUI.

Sep 10, 2013 Case: CT-6319-XEP Judge Lefler

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant also admitted to having two drinks. According the officer, he exhibited clues of impairment on the roadside tasks and was arrested for DUI. After his arrest, he blew a .138 and .132 in the breath machine.

Parks & Braxton pointed out to the State, that on the video tape, the officer misinformed the defendant of the consequences of taking versus not taking a breath test. Based on the conversation between the officer and the defendant on video, the defendant then felt coerced into taking a breath test.

The State dropped the DUI.

Sep 9, 2013 Case: 4669-XEV Judge Krieger-Martin

The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and blood-shot eyes. A bottle of Vodka was also found in the car. The defendant initially refused to perform the field sobriety tasks at the request of the officer. After a brief conversation with the officer, he then decided to do them. According to the officer, he failed them all and was 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 that the officer misstated the law and coerced the defendant into performing the tasks. The State conceded the motion after reading all the case law provided by the defense.

The State dropped the DUI.

Sep 4, 2013 Case: 13-CT-012818AXXX Judge Johnson

The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, red eyes, and "delayed" speech. The defendant admitted to drinking beer and having a shot of Jack Daniels. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test.

Parks & Braxton were ready for trial. We also pointed out to the State there was no sound on the video tape. Thus, nothing could be heard such as the defendant's speech, questions and answers by the officer to the defendant, the defendant's counting during the tasks, and the alphabet test.

The State dropped the DUI.

Sep 4, 2013 Case: 13-CT-017363AXXX Judge Johnson

The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and red eyes. The defendant also stated she had drank two margaritas. The defendant was unsteady upon exiting the car and swayed while outside the car. According the officer, she failed the video taped roadside tests. After her arrest, she refused the breath test.

Parks and Braxton pointed out to the State that the entire video tape contradicted the officer's written allegations and observations.

The State dropped the DUI.

Sep 3, 2013 Case: 12-007125MM10A Judge Solomon

The defendant was stopped by the Florida Highway Patrol for weaving all over the roadway. This allegedly occurred numerous times over a few blocks. As the Trooper approached the car he observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant subsequently admitted to drinking. The defendant was asked to exit the vehicle. The Trooper observed that he was unsteady on his feet and swayed while he walked. The defendant performed 4 field sobriety tests including the HGN (eye test), walk and turn (9 steps up and back on a line), one leg stand as well as the finger to nose test. The defendant allegedly performed poorly on the tests and was arrested for DUI.

Parks & Braxton had a prior case with this Trooper whereby he admitted to falsifying a police report. Therefore, his credibility was suspect from the beginning of the case. In addition, the video failed to support all of the observations made by the Trooper.

The State dropped the DUI.

Sep 3, 2013 Case: 9646-XEX Judge Seraphin

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and a flushed face. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton attempted to pick a jury on the case to fight the charges but the panel was eventually stricken prior to being sworn. Afterwards, the firm again pointed out to the State that the officer had not written any specifics of the defendant's performance on the roadside tests and his reports were very vague.

The State dropped the DUI.

Aug 22, 2013 Case: CT-6316-XEP Judge Conrad

The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton were ready for trial. We pointed out to the State that the officer had the defendant perform the roadside tests on a very slanted road which was clear on the tape.

The State dropped the DUI.

Aug 22, 2013 Case: CT-6454-XBO Judge Conrad

The defendant crashed into a guard rail. Once officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had a bar stamp on his hand. He was also unsteady and swaying. 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 were ready for trial. We pointed out to the State that although there was an in car video tape, the officer did not place the defendant in front of the camera while he performed the tests. Thus, one could hardly see almost all of the defendant's performance even though the camera was running.

The State dropped the DUI.

Aug 16, 2013 Case: 6200-XEQ Judge Krieger-Martin

The defendant was stopped for driving with inoperable brake lights. The officer noticed the defendant to have an odor of alcohol, slurred speech, flushed face, and blood-shot eyes. The defendant also admitted to drinking beer. She failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Aug 15, 2013 Case: 1568-XEU Judge Denaro

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and he stumbled upon exiting the car. He also handed the officer a piece of tissue paper instead of his driver's license. The defendant failed 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.

Aug 14, 2013 Case: A0FPTWE Judge McNeil

The defendant was stopped for failure to maintain a single lane. The officers observed the defendant to have an odor of alcohol. blood-shot eyes, and the defendant admitted to having anywhere from 3-6 beers. The defendant fumbled while looking for his license and stumbled while outside the car. According to the officers, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a.140 and .129 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Aug 9, 2013 Case: 2013-CT-057615AXXX Judge McKibben

The police were called to the scene by a McDonald's employee who believed the defendant and his passengers were drunk at the "drive thru." They were yelling curse words at the employees and passing around a beer bottle. Police arrived and stopped the car. The officer noticed the defendant, who was the driver, to have an odor of alcohol, slurred speech, and bloodshot eyes. He also fumbled with his wallet and admitted to drinking. The defendant refused to preform 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.

Aug 2, 2013 Case: 13-CT-501493 Judge Mann

The defendant was stopped for running a stop sign. The officer observed an odor of alcohol and bloodshot eyes. The officer handcuffed the defendant an put him in the backseat of his patrol car because of the defendant's alleged "aggressive" behavior." After about 30 minutes, the defendant performed the field sobriety tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained (a de-facto arrest) by being handcuffed and placed in the back of a patrol car for 30 minutes without probable cause.

The State dropped the DUI.

Jul 30, 2013 Case: CT-6538-XEP Judge Jeske

The defendant was stopped for allegedly cutting off an officer which caused him to brake. Once a traffic stop was conducted, the officer noticed the defendant to have an odor of alcohol and red eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. 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.

The State dropped the DUI.

Jul 26, 2013 Case: 2013-CT-002164-A-O-X Judge Blechman

The defendant was stopped for driving erratically and crossing over a concrete median into oncoming traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he performed poorly on all the roadside tests displaying several signs of intoxication. He was then arrested for DUI. After his arrest, he blew a .167 and a .165 in the breath machine.

Parks & Braxton pointed out to the State that there were certain issues involving the video tape used by the police in the case.

The State dropped the DUI.

Jul 26, 2013 Case: 2013-CT-003308-A-O-X Judge Jewitt

The defendant was involved in a traffic crash. Upon the police arriving on scene, they noticed the defendant walking on the side walk. The police ordered him "to sit on the curb." They then made contact with defendant and observed him to have an odor of alcohol. watery eyes, and he was disoriented. According to the officers , he failed the field sobriety tests and was arrested for DUI. Officers also found beer bottles and beer cans in the car. After his arrest, he blew a .135 and .136 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained by the police prior to any DUI investigation being conducted.

The State dropped the DUI.

Jul 25, 2013 Case: 12-013057MM10A Judge Diaz

The police were called to an apartment complex in reference to a disturbance. A security guard also observed the defendant to be heavily intoxicated. When police arrived, they observed the defendant in her car. Upon exiting, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The officer also noticed the defendant to have difficulty with her motor skills. According to the officer, she failed the field sobriety tests and was arrested for DUI. Police also found the defendant in possession of marijuana and charged her with that crime. After her arrest, she refused the breath test.

Parks & Braxton took pre-trial depositions of all the witnesses in the case. After taking their testimony in the depositions, the firm filed a pre-trial motion to suppress. In our motion, we alleged that the defendant had been unlawfully detained by the police without any reasonable suspicion of a crime. The possession of marijuana charge was also dismissed.

The State dropped the DUI.

Jul 24, 2013 Case: 2013-CT-000749-A-E-X Judge Barlow

The defendant was involved in a traffic crash and left the scene. The defendant pulled into a parking lot and the civilians he crashed into subsequently blocked him in so he could not drive away again. The defendant exhibited signs of intoxication in front of them. The civilians then removed the defendant from the vehicle until the police came to the scene. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, slurred speech, and unsteadiness. He failed the roadside tests and the officer actually had to prevent the defendant from falling on at least two occasions. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial.

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

Jul 24, 2013 Case: CT-7156-XEP Judge Myers

The defendant was stopped for speeding and following another car too closely. The officer observed the defendant to have an odor of alcohol and blood-shot/glassy eyes. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 24, 2013 Case: 2013-CT-000499 Judge Martin

The defendant was stopped for making a wide turn and almost striking an officer's patrol car. The officer noticed the defendant to have an odor of alcohol, slow speech, and red eyes. He admitted to having a couple of glasses of wine. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .125 and .121 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 19, 2013 Case: 2013-CT-003565-01XX-LD Judge Abdoney

The defendant was stopped for speeding and weaving. The defendant had an odor of alcohol, mumbled speech, and blood-shot eyes. The defendant also had a "blank look" on his face and swayed when outside the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

During a pre-trial investigation conducted by Parks & Braxton, it was discovered that the police department who arrested the defendant was under investigation.

The DUI was dismissed.

Jul 12, 2013 Case: 2012-CT-000163AXXX Judge Bryson

The defendant was stopped running a stop sign. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .090 and .087 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 12, 2013 Case: 2012-CT-018370AXXX Judge Bryson

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant also admitted to drinking numerous beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he blew .142 and .143 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 10, 2013 Case: 2013-CT-004458-A-O Judge Barlow

The defendant was stopped for weaving. The officer noticed an odor of alcohol, red eyes, and and he admitted drinking at a bar. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer believed that the defendant was actually impaired by a chemical and/or controlled substance.

Parks & Braxton were ready for trial. The firm pointed out the State that they could not prove by which specific substance allegedly impaired the defendant as required by Florida Law.

The State dropped the DUI.

Jul 10, 2013 Case: CT-006598-XEP Judge Dominguez

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. The defendant then refused the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jul 9, 2013 Case: 11-027071MM10A Judge Robinson

The defendant was initially seen in a parked car of a closed business. The keys were in the ignition and the engine was running. The first officer stated that he observed a strong odor of alcohol as well as bloodshot eyes. He further alleged that the defendant could barely speak and he stumbled out of the car. He called for a DUI officer who subsequently conducted an investigation and arrested the defendant for DUI.

Parks & Braxton filed a motion to suppress for an unlawful arrest. At the motion, the first officer testified exactly as stated above. He went on to testify that the defendant was in "pretty bad shape". However, the second officer testified completely different. He stated that there were no problems with the defendant's speech or balance. Based on a lack of credibility of the witnesses, the motion to suppress was granted.

The DUI was dismissed.

Jul 9, 2013 Case: 11-016545MM10A Judge Brown

The defendant was observed by the police walking very "uneasy" to her car. She was arguing with another person about who was actually "less drunk" to drive. A traffic stop was then conducted in a parking garage. The officers observed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and uttering statements about her impairment. The defendant almost fell over while performing the roadside tests and then she was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.

Parks & Braxton took the deposition of the back-up officer. At deposition, the officer revealed that he did not have an independent recollection concerning the specifics of the investigation. The firm filed a motion to exclude his testimony which was granted by the court. The firm also discovered that the chief investigating officer was under investigation for a law violation.

The DUI was dismissed.

Jul 8, 2013 Case: CT-006770-XFA Judge Myers

The defendant was stopped according to the officer's reports and testimony for making a wide turn, weaving, and going through a thru lane while another car was present. The officer also testified that the defendant was continuously weaving and also committed some traffic infractions. The entire driving pattern and DUI investigation was captured on video tape. Once stopped, the officer noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .135 and .130 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial traffic stop. In our motion, we alleged that there was no probable cause to believe that the defendant committed any traffic infractions, nor was there any reasonable suspicion that the defendant was driving while impaired. The Judge watched the video tape, reviewed the case law, looked at any applicable statutes, and also listened to the officer get impeached numerous times by the defense about his reports and the video tape on cross examination. The judge Granted the motion and threw out all of the evidence.

The DUI was dismissed.

Jun 27, 2013 Case: 2012-CT-00838 Judge Moore Stens

The defendant was stopped for running a red light. The defendant then hit a small tree after driving the wrong way. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, the defendant failed all the roadside tests due to her high level of intoxication. She was then arrested for DUI. After her arrest, she blew a .225 and .221 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jun 27, 2013 Case: 2013-CT-003941-A-O-X Judge Tynan

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, heavy eye lids, glassy eyes, and he admitted to having one or two drinks. The defendant also swayed and was lethargic. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, the defendant tested positive for alcohol on the breath machine, but the officers believed he was actually impaired by a chemical and / or controlled substance. The officers then requested the defendant to provide a urine sample to which he complied.

Parks & Braxton were ready for trial. The State could not prove by which specific chemical and / or controlled substance the defendant allegedly impaired the defendant as required by Florida Law.

The DUI was dismissed.

Jun 26, 2013 Case: CT-6726-XFA Judge Greco

The defendant was stopped for weaving and nearly striking a curb. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech at various times. The defendant also had slow and deliberate movements. The defendant refused to perform the roadside tasks and was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Third DUI.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jun 25, 2013 Case: CT-9843-XBN Judge Conrad

The defendant was involved in a traffic crash where it was determined by police that the other driver caused the crash by failing to yield. Front air bags were deployed in the defendant's car and hit him in the face. The officer on scene noticed the defendant to have an odor of alcohol, mumbled speech, and watery eyes. According to the officer he failed the physical roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he blew a .115 and .113 in the breath machine.

Parks & Braxton pointed out to the State that the defendant did not contribute to the cause of the crash in any way. We also pointed out to the State that the officer who was administering the physical roadside tests to the defendant, such as the walk and turn and one leg stand, right after he was hit in the face with an air bag may have caused any unsteadiness observed by the officer.

The State dropped the DUI.

Jun 20, 2013 Case: 6042-XEM Judge Newman

The defendant was stopped for speeding and weaving. The officer observed the defendant to have an odor of alcohol, slow reactions, and slurred speech. The defendant also stumbled as he exited the car. The defendant could not even perform two of the three roadside tests due his level of intoxication. He was then arrested for DUI. After his arrest, he blew a .161 and .159 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jun 18, 2013 Case: 2012-CT-003563AXXX Judge Eissey

The defendant was the at fault driver in a traffic crash whereby he crashed into a barrier wall. The lead officer on scene observed the defendant to have an odor of alcohol, slurred speech, unsteadiness, the defendant was disoriented, and he admitted drinking. The defendant was transported to the hospital by fire rescue due to his injuries as he was bleeding profusely. The lead officer then met the defendant while he was in a hospital bed due to his injuries. Since the officer could not take the defendant to jail for for a breath test, he requested a blood sample from the defendant. The defendant complied to the officer's request. The blood was then sent to the toxicology lab and revealed a blood alcohol level of .178 and .177. Once the officer was later notified that the blood alcohol level was over the legal limit, the State then charged the defendant with DUI.

Parks & Braxton took a pre-trial deposition of the lead officer. At deposition, testimony was taken under oath from the officer who ordered the blood draw. It was pointed out in sworn testimony that the blood lab analysis request form that the officer sent with the the defendant's blood vile to the lab had a totally different age, height and weight versus the actual defendant's age, height, and weight. Medical records of the defendant were also ordered by the defense from the hospital which also showed that the attending nurse observed no odor of alcohol on the defendant, no slurred speech, and no signs of intoxication at all while he was in the emergency room. That completely contradicted the lead officer's observations. The firm announced ready for jury trial.

The State dropped the DUI.

Jun 17, 2013 Case: 6650-XEM Judge Ortiz

The defendant was first scene in his car in an alleged high crime / prostitution area. Officers then saw a woman subsequently get in and out of his car after an unknown period of time. They then followed the defendant and conducted a traffic stop. Once stopped, officers observed the defendant to have an odor of alcohol, sluggish movements, and blood-shot eyes. They then called for a DUI Unit to come and further investigate. The defendant admitted to drinking and failed every road side test. He was then arrested for DUI. After his arrest, he blew a .114 and .117 in the breath machine. This was the defendant's Second DUI.

Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime which would give rise to legally stopping the defendant's vehicle. The Judge agreed, Granted the motion, and threw out all of the evidence.

The DUI was dismissed.

Jun 14, 2013 Case: 2010-CT-001426AXXX Judge Damico

The defendant was stopped for driving in the wrong direction down a one way street. Officers observed an odor of alcohol, slightly slurred speech, and she admitted to having a couple of drinks. She then performed the roadside tasks which were not video taped and was arrested for DUI. After her arrest, she blew a .099 and .097 in the breath machine.

Parks & Braxton took pre-trial depositions of the two officers involved in the case and were ready for trial.

The State dropped the DUI.

Jun 14, 2013 Case: 2011-CT-020438AXXX Judge Damico

The defendant was rear-ended by another car. When officers arrived, they observed the defendant to have an odor of alcohol, slow speech, and blood-shot eyes. He stated that he had drank a couple of beers. According to the arresting officer, he did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .131 and .128 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jun 14, 2013 Case: 2012-CT-018616AXXX Judge Damico

The defendant was stopped for driving with an inoperable tag light. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he repeated many of the same statements to the officer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .194 and .199 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jun 14, 2013 Case: 2012-CT-021867AXXX Judge Bryson

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant admitted to having a few drinks. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a ..201 and .205 in the breath machine.

Parks & Braxton were prepared for trial.

The State dropped the DUI.

Jun 7, 2013 Case: 2013-CT-005401AXXX Judge Bonavita

The defendant was stopped for weaving and driving with no head lights. The officer observed the defendant to have an odor of alcohol, mumbled speech, and droopy eye lids. The defendant refused to perform the roadside tests on video tape and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton prepared for trial.

The State dropped the DUI.

Jun 7, 2013 Case: 2012-CT-011562AXXX Judge Eissey

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant admitted to drinking 2-3 beers and a shot. He also fumbled with his wallet while in the car. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .109 and .109 in the breath machine.

Parks & Braxton were ready and prepared for trial.

The State dropped the DUI.

Jun 7, 2013 Case: 2013-CT-002312AXXX Judge Bryson

The defendant was seized by the police as he was passed out and slumped over the wheel at an intersection. Cars were going around the defendant and honking their horns. Officers observed the defendant to have an odor of alcohol on his breath, slurred speech, and blood-shot eyes. He also was also very hostile towards the police. The defendant refused 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.

May 29, 2013 Case: CT-9196-WPP Judge McNeil

The defendant was in the passenger seat of the motor vehicle as his wife was actually driving. She alleged to the police that he reached over and "grabbed control of the steering wheel" causing the vehicle to crash into a concrete barrier wall. Prior to the defendant being taken to the hospital for his injuries, the officer noticed him to have an odor of alcohol, blood-shot eyes, and his speech not understandable. At the hospital, the officer requested the defendant provide a blood sample to which he complied. The lab results revealed his blood alcohol level was a .174. He was then charged by the State with DUI.

Parks & Braxton pointed out to the State that the defendant could not have been in "actual physical control" of the motor vehicle as he was not only not in the driver's seat during the crash, but also had no access to the pedals in the car. Thus, he had no "capability" of truly operating the motor vehicle. Furthermore, we also pointed out to the State that the wife told police that the two were "arguing" in the car per the wife at the time of the crash and she was also investigated for being DUI.

The DUI was dismissed.

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.

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