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DUI Wins

Our Recent Victories

Nov 12, 2014 Case: 14-CT-098783 Judge Conrad

The defendant was found passed out in his car underneath an overpass. When the officers awoke the defendant, they smelled an odor of alcohol, observed watery eyes, his fingers were fumbling around, and was sweating. According to the officer, he failed the roadside tests. For example, on the one leg stand, he put his foot down several times and swayed. The defendant was arrested for DUI and then blew a.109 and .109 in the breath machine. This was the defendant's Second DUI arrest.

Parks & Braxton had pre-trial talks with the State. We pointed out that the defendant defendant had no "capability" of operating the car while he was sleeping. Therefore, he was not in "actual physical" control.

The State dropped the DUI.

Nov 10, 2014 Case: 2014-CT-020192AXXX Judge Weiss

The defendant was stopped after he was seen by police driving on the rims of his tires with four flat tires. Officers noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he drank two beers. According to the officer, the defendant showed several signs of intoxication on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton had pre-trial negotiations with the State prior to trial.

The State dropped the DUI.

Nov 4, 2014 Case: 14-CT-113454 Judge Conrad

The defendant was stopped for making an unlawful turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and the defendant seemed confused. The defendant appeared to be lethargic and sleepy. The officer asked the defendant to perform roadside tests and he refused. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.

Parks & Braxton had pre-trial discussions with the State prior to trial.

The State dropped the DUI.

Nov 4, 2014 Case: 13-022525MM10A Judge Pole

The defendant was initially seen driving in a heavily populated pedestrian neighborhood. An off duty police officer observed the defendant run a red light and almost make contact with several individuals crossing the street. Upon stopping the defendant, the officer made observations consistent with intoxication and called for a DUI task force officer. The DUI officer smelled an odor of an alcoholic beverage and noticed a flushed face with watery eyes. The officer asked the defendant if she takes any medication or drugs and the defendant explained that she takes anti-anxiety medication. The defendant refused to perform any field sobriety tests after being explained the adverse consequences of refusing. She was then arrested for DUI.

Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial, the State Dropped the DUI.

Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial , the State Dropped the DUI.

Oct 30, 2014 Case: 2014-CT-017324AMB Judge Shepherd

The defendant crashed her car into a ditch after crossing lanes of traffic and hitting a chain link fence. The car ended up upside down. A civilian witness saw the accident and identified the defendant as the driver. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She was then taken to the hospital because of her injuries. At the hospital, she consented to a blood draw to test her for alcohol. The results of the her blood test were a .178, over two times the legal limit. She was subsequently charged with DUI.

Parks & Braxton had several discussions with the prosecutor to get the DUI dropped.

The State dropped the DUI.

Oct 30, 2014 Case: 2014-MM-004062-A Judge Woodard

The defendant was found by the police after he crashed into a control box at the gate of a subdivision. A few people had called 911 to alert the police to the crash. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and balance issues. The defendant was immediately read his Miranda rights and he stated he did not want to make any statements without an attorney. He then refused to perform any field sobriety tests. The defendant was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton had pre-trial negotiations with the State a couple of weeks before the trial date. We pointed out that on video tape, after his arrest and at the station, the defendant's speech was normal, he was responsive and coherent, and was not swaying. This was contradicted by the written observations by the police at the scene.

The State dropped the DUI.

Oct 28, 2014 Case: CTC14-8147XBCANC Judge Pierce

The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol on his breath, bloodshot eyes, and fair balance. The defendant admitted to drinking a few beers and a shot of whiskey. 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.

Parks & Braxton had pre-trial negotiations with the prosecutor pointing out that the defendant's "normal faculties" were not impaired on the video tape.

The State dropped the DUI.

Oct 22, 2014 Case: 14-CT-066145 Judge Greco

The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. After the officer conducted the HGN (eye test) on the defendant, she refused to perform any further roadside tasks. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's second DUI arrest.

Parks & Braxton pointed out to the State, that on video tape, the defendant's "normal faculties" were not impaired as required by Florida law.

The State dropped the DUI.

Oct 20, 2014 Case: 13-010986MM10A Judge Solomon

An officer observed the defendant to be passed out in his car in the middle of an intersection. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to drinking three beers. When the defendant was asked for his drivers license, he passed over it three times. A DUI unit was then called to the scene. That officer made similar observations. He was then placed on video tape to perform the field sobriety tasks. For example, on the walk and turn test, he lost his balance during the instructions, stepped off the line, and missed heel to toe. On the finger to nose test, he did not keep his eyes closed, did not use the tip of his finger, and failed to remove his hand from his nose. The defendant was then arrested for DUI. After his arrest, he blew a .161 and .152 in the breath machine

Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that on video tape, the defendant was "coerced" into performing the tests by the officer. The Judge agreed, granted the motion, and excluded the roadside tests from evidence. The State then Dropped the DUI as they were now missing a crucial piece of evidence.

The State dropped the DUI.

Oct 17, 2014 Case: 2014-CT-013054AXXX Judge Damico

The defendant was involved in a one car crash in which he hit a utility pole. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. The defendant appeared unstable and off balance. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, the officer found a little bottle of rum in the defendant's pant's pocket. Later at the station, he refused the breath test.

Parks & Braxton had pre-trial negotiations with the State prior to trial.

The State dropped the DUI.

Oct 17, 2014 Case: 2014-CT-006105AXXX Judge Hanser

Police dispatch received a call about a truck that had hit a barrier wall on the highway and lost a tire. The officer spotted the truck and saw the defendant driving on a blown out tire. The officer conducted a traffic stop and noticed the defendant to have an odor of alcohol, mumbled speech, and a flushed face. The defendant admitted to drinking some wine. 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 had several discussions with the State prior to setting a trial date.

The State dropped the DUI.

Oct 16, 2014 Case: 2014-CT-066615 Judge Conrad

The defendant was stopped for having an inoperable tag light. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. That officer then called for a DUI unit to come to the scene. The DUI officer made similar observations in addition to observing the defendant swaying and leaning leaning against his car. The defendant refused to perform the roadside tasks on video tape 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 the observations alleged in the reports were contradicted by the video tape. Also, we pointed out to the State that on the DUI unit's video tape, that officer mentioned that the officer who made the traffic stop had an operational camera which would have captured all the initial contact, observations, and the defendant's driving. However, that video tape was never uploaded, copied, or created.

The State dropped the DUI.

Oct 16, 2014 Case: 8294-XEU Judge Denaro

The defendant was kicked out of a bar for being intoxicated. An officer was called to the scene and observed the defendant swaying as he walked and then attempting to get on his motorcycle. The defendant then mounted his motorcycle and attempted to start the engine. The officer approached the defendant and ordered him to get off the bike. The officer then observed an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, he failed 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 the officer had no reasonable suspicion of a crime based on the limited facts and observations known to the officer before ordering the defendant off his bike. After negotiations prior to trial the State Dropped the DUI .

The State dropped the DUI.

Oct 8, 2014 Case: 2014-CT-016153AXXX Judge Johnson

The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. The defendant admitted to having two beers. According to the officer, she failed the field sobriety tests which were not video taped and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton had pre-trial discussions with the State.

The state dropped the DUI.

Sep 30, 2014 Case: 2014-MM-017577 Judge Koenig

The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, a flushed face, and glassy/watery eyes. He swayed and stumbled as he talked to the officer. The defendant stated he had drank a couple of beers. 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 conducted pre-trial negotiations with the prosecutor before setting the case for trial.

The State dropped the DUI.

Sep 30, 2014 Case: 2014-CT-307448 Judge Davidson

The defendant was involved in a one car crash. She backed her car into a chain in a boat docking area. The crash shattered the entire back window. When the officer arrived, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and she swayed while standing. According to the officer's report, the defendant could barely keep her balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. Officers found several beer bottles in the defendant's car in a search incident to arrest.

Parks & Braxton had pre-trial discussions with the State prior to trial.

The State dropped the DUI.

Sep 23, 2014 Case: 12-014922MM10A Judge Gonzalez-Levine

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, lethargic movements, and bloodshot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. For example, on the walk and turn test, he lost his balance during the instructions, missed heel to toe, and stepped off the line. On the one leg stand test, the defendant swayed, put his foot down a few times, and raised his arms for balance. After his arrest, he refused the breath test on video tape. The officer did not have an in car video camera to capture the investigation at the scene.

Parks & Braxton took a pretrial deposition of the arresting officer since there was no video tape evidence at the scene. In his deposition, the officer contradicted himself and could not provide numerous specific details relating to the investigation prior to the defendant's arrest. The firm then announced ready for jury trial. On the day of trial, the State Dropped the DUI.

The State dropped the DUI.

Sep 19, 2014 Case: 2014-CT-007003AXXX Judge Hanser

The defendant crashed his car into some bushes while driving at a high rate of speed. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. He admitted to drinking 4-5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton had several discussions with the prosecutor handling the case prior to trial.

The State dropped the DUI.

Sep 17, 2014 Case: 9704-XEQ Judge Altfield

The defendant rear ended a car while the vehicle was stopped at a red light. The crash was so hard that it caused that car to roll over and then hit another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and he appeared sleepy. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The State initially charged the defendant in circuit court with Felony DUI causing serious bodily injury to another person.

Parks & Braxton had discussions with the State about the weaknesses of the DUI case. We pointed out that no specific injuries were set out in any reports with any amount of detail. Also, the firm pointed out to the State that officer wrote a very short and vague report relating to the entire DUI investigation. After those talks, the State then sent the Felony DUI case from circuit court down to the county court. The defense then announced ready for trial. On the the day of jury trial, the State Dropped the DUI out right.

The State dropped the DUI.

Sep 16, 2014 Case: 14-CT-500194 Judge Hayward

The defendant was stopped for swerving several times. The defendant had an odor of alcohol on his breath, watery eyes, and seemed disoriented. While standing outside his car, he swayed. According to the officer, he failed the video taped roadside tasks and was arrested for DUI . After his arrest, he refused the breath test.

Parks & Braxton had pre-trial negotiations with the State just prior to the trial call.

The State dropped the DUI.

Sep 15, 2014 Case: 13-CT-504324 Judge Mann

The defendant was stopped for weaving. The officer noticed the defendant to have mumbled speech, poor dexterity, and he was very unsteady outside the car. Although the officer could not smell any alcohol coming from the defendant, he suspected that the defendant was under the influence of a chemical and/or controlled substance. The defendant then performed the field sobriety tasks. According to the officer, he failed them and was arrested for DUI. The officer, in a search incident to arrest, found prescription pill bottles which were controlled substances in the defendant's car. Back at the station, the officers requested the defendant to submit to Drug Recognition Exam which he refused. They then requested that the defendant provide a urine sample to which the defendant complied. The toxicology report indicated that the defendant tested positive for two controlled substances. The State charged the defendant with driving under the influence of controlled substances to the extent his normal faculties were impaired.

Parks & Braxton filed pretrial motions to exclude evidence and limit certain aspects of the officer's testimony. After several discussions with the State, they dropped the DUI.

The State dropped the DUI.

Sep 8, 2014 Case: 9981-XDY Judge Seraphin

The defendant was stopped for cutting off another car. The officer observed the defendant to have an odor of alcohol, thick tongued and mumbled speech, and poor dexterity. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .158 and .161 in the breath machine.

Parks & Braxton had pre-trial negotiations with the Prosecutor's office to get the DUI dropped.

The State dropped the DUI.

Aug 22, 2014 Case: 2013-MM-017460ANB Judge Hanser

The defendant was stopped in a wildlife park by Fish and Wildlife Officers. The were doing a daily permit check. Once stopped, the officers observed the defendant to have an odor of alcohol, slow speech, and he admitted to drinking six beers. According to the officer, he failed eight roadside tests which were not video taped. He was arrested for DUI and then he refused the breath test. This was the defendant's Second DUI within five years.

Parks & Braxton took pre-trial depositions of the two officers involved the case. After deposing them and researching the issue of permit check traffic stops in wildlife areas, the firm filed a motion to suppress the lawfulness of the initial traffic stop. We alleged there was no probable cause that a traffic infraction occurred nor was there reasonable suspicion of a crime justifying the stop. Just prior to the motion hearing date, the State Dropped the DUI.

The State dropped the DUI.

Aug 22, 2014 Case: 2013-CT-030420AMB Judge Bonavita

The defendant crashed his car into a pole after jumping over a curb and driving at a high rate of speed. The officer noticed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and he admitted to having three strong beers. The defendant also stated that he "f'd" up. According to the officer he failed the roadside tests which were not video taped. He was then arrested for DUI and subsequently refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the majority of the defendant's statements at the scene. In our motion, we alleged that the officer did not read the defendant his Miranda rights and that all statements made by the defendant were protected under the accident report privilege. The State read the police reports and agreed with our position prior to any motion hearing.

The State dropped the DUI.

Aug 22, 2014 Case: 13-01062MM10A Judge Brown

The defendant was approached by officers as his car was stopped and blocking traffic at an intersection. When the police made contact with the defendant, his head was slumped back and he was unresponsive. When they finally woke him up, the defendant took his foot off the brake and the car rolled fifteen feet. An officer then entered the defendant's car and he still sped up ending up on a curb causing his tires to blowout. Officers noticed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. He was then subsequently charged with refusal to submit to a breath test along with the DUI. This was the defendant's Third DUI arrest in ten years and he had one prior conviction.

Parks & Braxton filed a pretrial motion to suppress the defendant's refusal to provide a breath sample. In our motion, we alleged that the officer misinformed the defendant of the law. The State conceded the motion based on our questions in pretrial depositions. It should be noted, this was the second time the firm has represented the defendant. The firm won his second DUI and now the State Dropped this third DUI.

The State dropped the DUI.

Aug 22, 2014 Case: 13-002614MM10A Judge Pole

While driving into a taco bell drive thru, the defendant drove completely over the curb. Upon speaking, a member of the staff noticed mumbled and slurred speech. After completing his order and believing that he was impaired, the restaurant staff contacted the police. While driving home and moments after leaving taco bell, the defendant was involved in an accident. The defendant exited the car and walked towards his home. Upon arriving at the accident scene, the police observed the defendant's drivers license sitting on the front seat. After confirming his address, the officers approached the defendant's home. After hearing screaming in the back of the house, the officers ran towards him and grabbed the defendant off of his porch. After making several observations consistent with impairment, the officers called the employee from taco bell to confirm that this was the same person. After a positive identification, the officers arrested the defendant for leaving the scene of an accident as well as DUI. He subsequently failed field sobriety tests and refused a breath test.

Parks & Braxton filed a motion to suppress based on a warrantless arrest. Despite the taco bell employee's claim, the officers were not entitled to enter the defendant's private residence without a warrant. In deposition, the officer admitted that he entered an enclosed portion of the defendant's house. In addition, he agreed that he grabbed the defendant despite the fact that there were no exigent circumstances allowing him to do so. The State conceded the motion to suppress and dropped all charges.

The State dropped the DUI.

Aug 22, 2014 Case: CTC13-05461MMAWS Judge Wansboro

The defendant crashed his motorcycle on a road in a wooded area. When the police arrived, the defendant had an odor of alcohol, slurred speech, glassy eyes, and admitted to having three beers. He also told the officer that an animal had run out in front of him causing him to crash the bike into the woods. On video tape, the defendant was covered in blood, had visible injuries, and kept kneeling down because he was in pain. The officer only did the HGN (eye test) and the estimation of time tests due to the defendant's condition. However, the officer still arrested the defendant for DUI. He subsequently refused the breath test. This was the defendant's Second DUI.

Parks & Braxton pointed out to the State that any alleged impairment that the officer observed such as balance and speech issues on video tape were clearly from the crash and not from alcohol.

The State dropped the DUI.

Aug 15, 2014 Case: CRC13-03548CFAWS Judge Webb

The defendant was stopped for failure to maintain a single lane. The officer observed the defendant to have bloodshot eyes, eyelid tremors, constricted pupils, and slurred speech. She also swayed while she stood, staggered, and her coordination was poor. The defendant performed the finger to nose test whereby she missed the tip of her nose and used the wrong hand. She also could not even say the alphabet correctly four times. The walk and turn and one leg stand tests were not conducted for the defendant's safety. The defendant stated she took pain medications, however, no specific drugs were mentioned. Since there was no odor of alcohol, the officers concluded she was impaired by a chemical and/or controlled substance. She was arrested for DUI and then refused to provide a urine sample. This was the defendant's Fourth DUI and the State charged her with a Felony DUI in Circuit Court where she faced a mandatory felony conviction and state prison time.

Parks & Braxton took over the case almost a year after the date the defendant was arrested from another law firm. Once our firm reviewed all the evidence, we filed several motions including, but not limited to, a motion to suppress the lawfulness of the traffic stop and a motion to exclude the defendant's statements. Our firm was successful in negotiating with the State prior to the motion hearing and got the Felony DUI Dropped. Also, the firm was successful in preventing the defendant from losing her driver's license for the rest of her life.

The State dropped the DUI.

Aug 12, 2014 Case: CT-8325-XEP Judge Conrad

The defendant was stopped for weaving all over the road and stopping beyond the stop bar at a stop sign. The officer noticed an odor of alcohol, slurred speech, a flushed face, and watery eyes. According to the officer she failed the roadside tests which consisted of the walk and turn, one leg stand, finger to nose, and HGN (eye) tests. She was then arrested for DUI. After her arrest, she refused the breath test. The entire incident, including the driving pattern, was captured on video.

Parks & Braxton pointed out to the State that the defendant never weaved all over the road on video as stated by the officer in his reports. Also, the defendant's speech appeared normal and not slurred. Furthermore, the defendant's performance on the field sobriety tests contradicted the officer's written reports.

The State dropped the DUI.

Aug 11, 2014 Case: 2014-CT-012923AXXX Judge Weiss

The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, a flushed face, slurred speech, and red eyes. According to the officers, he failed the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .187 and .184 in the breath machine.

Parks & Braxton negotiated with the State prior to any trial date being set.

The State dropped the DUI.

Aug 8, 2014 Case: 13-003432MM10A Judge Gottlieb

The defendant was stopped for weaving all over the road by an officer who was outside of their own jurisdiction. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant appeared to be very unsteady once outside his car. The officer detained the defendant until another officer from another jurisdiction arrived to conduct a full DUI investigation. According to that DUI officer, the defendant failed all the field sobriety tests and was arrested for DUI. After the defendant's arrest, he blew a .137 in the breath machine.

Parks & Braxton filed a pretrial motion to suppress based on an illegal detention. At the motion to suppress, the State provided a mutual aid agreement to the defense. The agreement gave initial officer the right to stop the defendant's vehicle. However, the agreement further required that the officer contact the municipality that the stopping officer was in to conduct any DUI investigation. At a pretrial deposition, the officer who made the traffic stop, stated they contacted the wrong municipality who then went on to conduct the DUI investigation and arrest the defendant. The State conceded the motion to suppress.

The State dropped the DUI.

Aug 6, 2014 Case: 12-CT-2485-K Judge Fowler

The defendant was stopped for weaving and driving off the roadway. The officer noticed an odor of alcohol, glazed eyes, and slurred speech. The defendant stated he had a five vodka drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .136 and .134 in the breath machine.

Parks & Braxton had several pre-trial discussions over several months with the State. Prior to any trial date, the State Dropped the DUI.

The State dropped the DUI.

Aug 6, 2014 Case: CT-9856-XCL Judge Myers

The defendant crashed his car after driving up on a curb and then skidding into the middle of the road. Officers noticed the car had a broken axle and a flat tire. Officers noticed the defendant to have an odor of alcohol, lethargic movements, and slurred/slow speech. Prior to the roadside tests, the defendant appeared to be unsteady. According to the officers, 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 on the video tape, the arresting officer was yelling at the defendant and interrupting him while he was trying to do the tests. It was also apparent on video tape, the defendant's car was being towed away while the defendant was still performing the roadside tasks. This showed that the officers made up their minds to arrest the defendant even before finishing the full DUI investigation.

The State dropped the DUI.

Aug 6, 2014 Case: 13-CT-505847 Judge Paluck

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and watery/bloodshot eyes. The defendant also kept repeating himself several times. He refused to to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The defendant was also charged with the crime of a second refusal to take a breath test as he had been arrested for DUI in the past and also refused the breath test.

Parks & Braxton had numerous discussions with the State prior the trial date which was a week away. We pointed out that none of the defendant's "normal faculties" were impaired as required by Florida law for both the DUI and Refusal charges. The DUI and Refusal charges were both dismissed.

The DUI was dismissed.

Aug 4, 2014 Case: 2014-CT-010695-AXXX-XX Judge Atkin

The defendant was stopped after cutting off an officer on his police motorcycle. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank a couple of drinks. The defendant was unsteady and stumbling as he walked. 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 presented to the prosecutor the defendant's medical history that he had a major speech impediment which caused his speech to appear very slurred. We also showed them medical records that he also had severe balance and hearing issues. All of these injuries were sustained years ago while in the military.

The State dropped the DUI.

Aug 4, 2014 Case: 8252-XEQ Judge Hague

The defendant was seen by an officer coming out of a bar with keys in his hand. The officer observed the defendant to be stumbling and missing steps. As he got got closer to his motorcycle, the officer observed the defendant having trouble maintaining balance of the bike so the officer ordered the defendant to remove his motorcycle helmet. He then complied. The officer saw the defendant attempt to put the keys in the bikes ignition before the order to remove his helmet. The officer then observed the defendant to have an odor of alcohol, watery eyes, and confused, thick tongued speech. The defendant admitted to drinking beer. A DUI unit was called who made similar observations. According to that officer, the defendant failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that the officer's order that the defendant remove his bike helmet was a show of authority without sufficient facts to warranting reasonable suspicion of a crime. Also, on the morning of jury trial, we also pointed out to the State that based on the facts, the defendant was not legally in actual physical control of the motorcycle. On the morning of jury trial, the State Dropped the DUI prior to any motions being argued.

The State dropped the DUI.

Aug 4, 2014 Case: CTC14-4525XDUTWS Judge Roberts

The defendant was found passed out by the police in his car in front of a convenience store. The car was running when police arrived just shortly after fire rescue had arrived on scene. The officers found the defendant in the driver's seat and observed him to have an odor of alcohol, red eyes, dilated pupils, and slurred speech. Once the defendant got out of the car, he stumbled, swayed, and had to use an object for support. The defendant admitted to drinking beer. He refused to perform the roadside tasks and was arrested for DUI.. After his arrest, he refused the breath test.

Parks & Braxton had pretrial negotiations with the prosecutor to get the DUI Dropped. We pointed out that the officer never advised the defendant of any adverse consequences when he refused to perform the field sobriety tests as required by Florida case law.

The State dropped the DUI.

Jul 29, 2014 Case: CT-8604-XEP Judge Conrad

The defendant was stopped for speeding and continuously weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the alleged driving pattern, was captured on video tape.

Parks & Braxton pointed out to the State that the police reports contradicted the video tape. For example, the defendant had no slurred speech and was not continuously weaving on video as the officer stated.. Also the defendant never stepped off the line on the walk and turn test even though the officer told him on tape that he did. Furthermore, the officer even asked the defendant for a breath test as soon as the defendant exited his vehicle, before he was even told what was going on or had been arrested.

The State dropped the DUI.

Jul 29, 2014 Case: 2014-CT-020719AXXXXX Judge Friedland

The defendant was found by police slumped over the wheel of his car on the shoulder of the road. The defendant's truck was running. EMS was called and the defendant refused any treatment. Officers noticed the defendant to have an odor of alcohol, slurred speech, red eyes, and a flushed face. Officers observed the defendant to be unsteady and he stumbled upon exiting the car. The defendant allegedly refused to perform the roadside tests and was arrested for DUI. After his arrest, he allegedly refused the breath test.

Parks & Braxton pointed out to the State that the officers on scene had a working video camera. The defendant was initially on video, however, when it came time to begin a DUI investigation, they took the defendant off camera so he could not be seen or heard refusing any field sobriety or breath tests, nor anything else for that matter. Also, when the defendant was seen on video tape, he was not off balance and his speech appeared fine. Thus, the video tape contradicted the written police reports.

The State dropped the DUI.

Jul 28, 2014 Case: 2014-CT-003983-O Judge Bell

The defendant was stopped for driving at a high rate of speed and cutting off another car. The officer observed the defendant to have an odor of alcohol, droopy eye lids, and slurred speech. According to the officer, he failed the video taped roadside tests which consisted of the HGN (eye test) , walk and turn, and one leg stand tests. The defendant was arrested for DUI. After his arrest, he blew a .113 and .102 in the breath machine. This was the defendant's Second DUI arrest.

Parks & Braxton had pretrial negotiations with the State the week before the trial date. The Judge had already excluded from evidence any evidence of the defendant's breath test results. We pointed out to the prosecutor that the video contradicted the written reports regarding the defendant's performance on the field sobriety tests. The defendant even walked backwards instead of forward on the walk and turn on the back nine steps and kept his balance.

The State dropped the DUI.

Jul 10, 2014 Case: 7199-XEM Judge Wolfson

The defendant was found by the police passed out in his car, with the engine running, and his foot on the brake. Once the officers awoke the defendant, they observed an odor of alcohol, slurred speech, and watery eyes. The defendant was unable to perform any roadside tests due to safety concerns as he had major problems even standing on his own. The defendant admitted to drinking five Coronas. After his arrest, he blew a .156 and .141 in the breath machine.

Parks & Braxton had several pretrial discussion with the prosecutor.

The State dropped the DUI.

Jul 10, 2014 Case: 3874-XEX Judge Wolfson

The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking three glasses of wine. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton negotiated with the State to get the DUI dropped prior to a trial date.

The State dropped the DUI.

Jul 2, 2014 Case: 1093-XEV Judge Ortiz

The defendant was the at fault driver in a rear-end crash while he was driving at a high rate of speed. When officers arrived, the defendant had an odor of alcohol on his breath, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn test, he stepped off the line numerous times, took an incorrect number of steps, and failed to touch heel to toe. On the estimation of time test, the defendant was asked to estimate 30 seconds in his own mind. He estimated 8 seconds for 30 seconds. On the finger to nose, he missed the tip of nose every time and kept his eyes open. On the one leg stand, he put his foot down four times, hopped, and used his arms for balance. He was then arrested for DUI and subsequently refused the breath test.

After over a year of negotiating with State, Parks & Braxton was able to negotiate with the prosecutor to drop the DUI before trial.

The State dropped the DUI.

Jun 30, 2014 Case: 2014-CT-005888AXXX Judge Weiss

The defendant was stopped for driving with no head lights. The defendant had an odor of alcohol on her breath, glassy eyes, a flushed face, and admitted to consuming two glasses of wine. According to the officer, she did not perform up to standards on the video taped roadside tests. For example, on the one leg stand she put her foot down a few times and and used her arms for balance. On the walk and turn test, she stumbled on the turn, did not touch heel to toe, and used her arms for balance. She was then arrested for DUI. After her arrest, she blew a .086 and .083 in the breath machine.

Parks & Braxton spoke with the prosecutor ahead of any trial dates in order to attempt to negotiate them dropping the DUI.

The State dropped the DUI.

Jun 30, 2014 Case: CT-7208-XEP Judge Greco

The defendant was stopped for spinning his tires and making a wide turn into the oncoming traffic lane. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having some drinks. According to the officer, he failed the video taped field sobriety exercises which consisted of the walk and turn, one leg stand, finger to nose, and count the numbers backward tests. He was then arrested for DUI. After his arrest, he blew a a .144 and .132 in the breath machine.

Parks & Braxton conducted negotiations with the State prosecutor prior to trial. We pointed out out that the defendant's performance on the video taped roadside tests contradicted his alleged breath alcohol level.

The State dropped the DUI.

Jun 30, 2014 Case: 2014-CT-008260AXXX Judge Weiss

The defendant was found passed out in her car by police at a red light. Officers observed the defendant to have an odor of alcohol, blood-shot eyes, and balance issues. She refused to do any roadside tests on video tape and was arrested for DUI. After her arrest, she blew a .191 and .179 in the breath machine.

Parks & Braxton had pre-trial discussions with the State to get the DUI dropped prior to a trial.

The State dropped the DUI.

Jun 26, 2014 Case: 2013-CM-020146 Judge Jeske

The defendant was found passed out in the driver's seat of his car at a red light with the engine running. Several other cars were honking their horns. When the police arrived, they got the defendant out of the car on video tape and placed him in hand cuffs. Once he was eventually uncuffed, the police observed the defendant to have an odor of alcohol on this breath, red eyes, and slow movements. He also had trouble keeping his balance. He was then moved to a different location to perform field sobriety tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. During a search of the defendant's vehicle after the arrest, the police found some marijuana and paraphernalia.

Prior to a trial, Parks & Braxton had discussions with the State about the video tape and all the various police reports written by the different officers on the scene. We pointed out that not only was each police report contradictory in nature about the facts, but the video was also contradicted by what had been written. The State Dropped the DUI and the defendant also received No convictions on his record for any drug charges.

The State dropped the DUI.

Jun 16, 2014 Case: 2014-CT-009036AXXX Judge Weiss

The defendant was found passed out in the driver's seat in his car at an intersection. Officers, upon awaking the defendant, noticed an odor of alcohol and red eyes. The defendant stated he had been drinking earlier at a golf event. He failed the roadside tests which were video taped and then was arrested for DUI. After his arrest, he blew a .114 and .109 in the breath machine.

Parks & Braxton had discussions with the State prior to trial to get the DUI dropped.

The State dropped the DUI.

Jun 12, 2014 Case: 14-CT-500140 Judge Gagliardi

An anonymous caller called 911 stating that the defendant was driving all over the road and almost hitting cars. The officer spotted he defendant's car and noticed her take a wide / slow turn and over correct to get back on the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had blood-shot eyes and appeared sleepy. The defendant admitted to having four glasses of wine. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .180 in the breath machine.

Parks & Braxton had pretrial negotiations with the State prior to trial.

The State dropped the DUI.

May 30, 2014 Case: 2014-CT-015857AXXX Judge Hanser

The defendant crashed his car into a giant palm tree. He took a turn too fast which resulted in the the defendant losing control of the car. When the officer arrived, he noticed the defendant bleeding from his head, complaining of leg pain, and fire rescue had to extract him from the car. The officer observed slurred speech and the defendant could not complete a coherent sentence. The defendant was transported to the hospital. The officer, believing that the defendant may be impaired by alcohol and/or a chemical or controlled substance, ordered a blood draw from the defendant while the he had a breathing tube in his mouth and was sedated. The blood was sent to the toxicology lab and resulted in a blood alcohol level of .129 and .129.

Parks & Braxton filed a pretrial motion to suppress the blood results. In our motion, we alleged that the officer did not have the requisite probable cause to order a blood draw. We argued in our motion that the officer did not have any "reasonable cause" to believe that the defendant was under the influence of alcohol, and/or a chemical or controlled substance as required by Florida law. Prior to the motion ever being argued, the State Dropped the DUI.

The State dropped the DUI.

May 19, 2014 Case: 13-006127MM10A Judge Lerner-Wren

The defendant was stopped by the police after weaving several times and causing a taxi to brake in order to avoid a collision. The officer noticed an odor of alcohol, blood-shot eyes, and a flushed face. Once outside the car, the defendant was swaying. The defendant stated he was coming from the Blue Martini and could not remember how much he had to drink. According to the officer, he failed the roadside tests. For example, on the walk and turn test, the defendant took an incorrect number of steps, did not touch heel to toe, and was confused prior to turning back down the line. On the finger to nose, he missed the tip of his nose with his finger and did not keep his head back as instructed. He was then arrested for DUI. After the defendant was arrested, he refused the breath test. However, the defendant was later taken to the hospital and submitted to a blood test. The blood tested positive at a .18 blood alcohol level.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was a lack of probable cause to make the arrest. Prior to the motion, the State dropped the DUI.

The State dropped the DUI.

May 15, 2014 Case: 12-004534MM10A Judge Diaz

The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI.

Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI.

The State dropped the DUI.

May 13, 2014 Case: 7151-XEM Judge Altfield

The defendant was stopped for driving to closely behind another car at a high rate of speed. The officer observed the defendant to have an odor of alcohol and watery/blood-shot eyes. A DUI enforcement officer was called to the scene and made similar observations as to that of the officer who made the traffic stop. According to the officer, he exhibited several signs of intoxication on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .206 and .209 in the breath machine.

Parks & Braxton conducted pre-trial negotiations with the State to have the DUI Dropped.

The State dropped the DUI.

May 9, 2014 Case: 2013-CT-073003AXXX-XX Judge Clarke

The defendant was stopped for driving over a grass median. The officer noticed the defendant to have a strong odor of alcohol on his breath, watery eyes, and thick tongued speech. The defendant stated he had drank a "few" drinks. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer concluded the defendant was impaired by a chemical and/or controlled substance.

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

The State dropped the DUI.

May 9, 2014 Case: 12-020074MM10A Judge Gottlieb

The defendant was the at fault driver in a crash. He was speeding down the road, almost hitting curbs, and finally hit the center median and blew out his tires. When the police arrived, they noticed the defendant to have an odor of alcohol , blood-shot eyes, and a flushed face. The defendant stated to the police that "he was very drunk", "should not have been driving", "he drank too much", and also stated he “consumed three vodka tonics." The defendant was very unsteady and stumbling around prior to being asked to perform the field sobriety tests. The defendant refused to perform the tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton took sworn pre-trial depositions of all the witnesses. The firm then filed a motion to suppress all of the defendant's statements to the police as listed above. In our motion, we alleged they were obtained by the police in violation of Florida's accident privilege. The Judge granted the motion and excluded all of the defendant's statements.

The State dropped the DUI.

May 5, 2014 Case: 5719-XEQ Judge Seraphin

The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was unable to keep his balance once outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .288 in the breath machine and then failed to provide a second sample of his breath. The police then alleged he refused the breath test because he did not provide two valid samples of his breath.

Parks & Braxton had pre-trial discussions with the prosecutor prior to trial.

The State dropped the DUI.

May 2, 2014 Case: 13-CT-505628 Judge Swett

The defendant was stopped for weaving based on a 911 call. The officer noticed an odor of alcohol, slightly slurred speech, and a flushed face. 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 had pre-trial discussions with the State to get the DUI Dropped.

The State dropped the DUI.

May 1, 2014 Case: 2014-CT-000299AXMX Judge Skidmore

The defendant was stopped by the police after someone called 911. The caller, who later gave a written statement, told police that the defendant was driving all over the road and crossing lane markers multiple times for several miles. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, and mush mouthed speech. According to the officer, she was unsteady, acting clumsy, had slow reflexes, and exhibited mood changes. After performing the HGN (eye test), the defendant then failed the walk and turn and one leg stand tests according to the officer. There was no video tape of the incident. She was then arrested for DUI. After her arrest for DUI, she refused the breath test.

Parks & Braxton had pre-trial negotiations with the prosecutor just prior to trial and the firm was able to convince the State to Drop the DUI.

The State dropped the DUI.

Apr 29, 2014 Case: 12-005608MM10A Judge Robinson

The defendant was involved in a head on crash. The accident was observed by an independent witness. A deputy arrived on scene and observed the defendant attempting to exit the vehicle. The deputy observed a strong odor of alcohol, slurred speech, as well as bloodshot eyes. A DUI task force deputy arrived and continued with the investigation. After observing the same indicia of impairment, the defendant admitted to drinking three glasses of wine. The defendant was also observed to be unsteady on her feet. She was arrested for DUI and refused a blood test in the ambulance.

Parks & Braxton filed a motion to exclude all statements based on the accident report privilege. The Judge subsequently granted the motion and threw out the statements. Without the statements, the State would have difficulty proving that the defendant's impairment was from alcohol as opposed to the accident. The State then listed the fire rescue officers as witnesses. The goal was to prove that she was not injured and therefore the impairment was a result of the alcohol. However, Parks & Braxton took independent statements from each of the witnesses. Each statement revealed that the two deputies were not telling the truth with regards to how the defendant looked that evening. Specifically, the witnesses denied observing slurred speech, bloodshot eyes, or any lack of balance. Based on the lack of credibility of the police the State dropped the DUI.

The State dropped the DUI.

Apr 29, 2014 Case: 45-2013-CT-000582AXYX Judge Williams

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a flushed face. He was also unsteady outside his vehicle. According to the officer, he failed the video taped roadside tests and was arrested for DUI. The offcer alleged in his reports that the defendant stated he had drank "15" drinks. After his arrest, he blew a .105 and .105 in the breath machine.

Parks & Braxton had pre-trial negotiations with the State Attorney's Office. We pointed out that there was no sound on the video. Thus, everything the defendant did and said could not be put into context. For example, the officer stated the defendant messed up the alphabet test, however, one could not hear it being recited. Furthermore, the officer did not have the camera in focus on the defendant the majority of the time so one could not truly see the defendant's full performance of the roadside tests. Also, we pointed out that if the defendant truly said he had fifteen (15) drinks, his breath alcohol level would have been much higher. That then called into question the officer's credibility.

The State dropped the DUI.

Apr 25, 2014 Case: 2014-CT-003307AXXX Judge Damico

The defendant was stopped for weaving. That driving pattern was captured on video tape. The officer noticed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, slurred speech, and the defendant stated he had two vodka drinks. According to the officer, he faiiled the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .101 and .099 in the breath machine.

Parks & Braxton had pre-trial negotiations with the prosecutor's office in order to discuss the facts of the case and dropping the DUI prior to setting a trial date.

The State dropped the DUI.

Apr 21, 2014 Case: 11-CT-503758 Judge Mann

The police came in contact with the defendant after he allegedly backed into another car. According to the officer's report, he noticed the defendant to have an odor of alcohol, blood-shot eyes, and slow slightly slurred speech. According to the officer, the defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .133 and .133 in the breath machine. This was the defendant's Second DUI.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was no probable cause to arrest the defendant. At the motion hearing, the officer's testimony was contradicted (impeached) many times. Also, the officer stated that the defendant was not at fault in the crash. Finally, he could recall many important facts of the case during his testimony. The Judge Granted the motion determining a lack of credibility.

The State dropped the DUI.

Apr 10, 2014 Case: CTC-98-399986VANC Judge Horrox

The defendant was involved in a single car crash as he hit a utility pole. When the officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. When asked for his phone number, the defendant gave a "1-800 number" and stated that he forgot. The defendant was transported to the hospital due to his injuries. At the hospital, the police ordered that blood be drawn from the defendant. The results of the blood test showed the defendant had a blood alcohol content of a .292 and .290. This was the defendant's Fourth DUI.

Parks & Braxton conducted a pre-trial investigation after taking over the case from another law firm. Our firm found numerous problems with the toxicology lab, the VHS tape, and the witnesses.

The DUI was dismissed.

Apr 10, 2014 Case: 59193-JA Judge Denaro

A police officer noticed the defendant drinking in a bar while the the officer was having a meal. The officer noticed that the defendant appeared very intoxicated. He then saw the defendant leave, get in his car, and start the engine. Upon contact, the officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .237 and .237 in the breath machine.

Parks & Braxton had pre-trial discussions with the State in order to get the DUI Dropped prior to a trial date.

The State dropped the DUI.

Apr 7, 2014 Case: 13-CT-505875 Judge Paluck

The defendant was stopped for driving with an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. Once outside the car, the officer observed him swaying. On video tape, the defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the defendant's refusal to perform the roadside tests. In our motion, we alleged that the officer never advised the defendant of any "adverse consequences" for his refusal to perform the tests. Prior to the motion hearing date, the State Dropped the DUI.

The State dropped the DUI.

Apr 2, 2014 Case: 7996-HBI Judge Greco

The defendant was found by police passed out in his vehicle at an intersection. Once the police finally awoke the defendant, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. He also appeared unsteady outside the vehicle. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer felt he was impaired by a chemical and / or controlled substance.

Parks & Braxton were ready for trial. The State would have been unable to prove by what "specific" chemical and / or controlled substance the officer thought was allegedly impairing the defendant as required by Florida Law.

The State dropped the DUI.

Mar 28, 2014 Case: 6153-XDX Judge Ortiz

The defendant was the at fault driver in a crash which was witnessed by a police officer. When the officer came into contact with the defendant, the officer observed the defendant to have an odor of alcohol, watery eyes, slow speech, and a noticeable sway. The defendant admitted to consuming three whiskeys with sprite. He then failed the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .114 and .115 in the breath machine.

Parks & Braxton had numerous discussions with the State prior to setting a trial date.

The State dropped the DUI.

Mar 25, 2014 Case: 13-CT-504589 Judge Gagliardi

The defendant was stopped for driving without headlights.. The officer noticed the defendant to have an odor of alcohol, flushed face, watery eyes, and she admitted to consuming three beers. According the officer, she did not perform well on the field sobriety tests and was arrested for DUI. There was no video tape at the scene. After her arrest, she refused the breath test.

Parks & Braxton had pre-trial negotiations with the prosecutor about the case prior to trial.

The State dropped the DUI.

Mar 25, 2014 Case: 2013-CT-006384 Judge Fegers

The defendant was stopped on his motorcycle because the officer could not read his tag. The officer noticed an odor of alcohol, bloodshot eyes, flushed face, and also found a "mostly" empty bottle of vodka between the cables by the headlight and handle bar. The defendant stated he had drank a "few". The defendant 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. This, however, was the first time the firm represented this client.

Parks & Braxton pointed out to the State in pre-trial discussions that there was a lack of evidence indicating that the defendant's "normal faculties were impaired."

The State dropped the DUI.

Mar 25, 2014 Case: 12-006021MM10A Judge Murphy

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down three times, swayed, and raised his arms for balance. On the walk and turn test, he stepped off the line and did not touch heel to toe. At the scene of the incident, the defendant allegedly told the officer that "he was to drunk to drive." The defendant was then arrested for DUI. After his arrest, he refused the breath test.

The defense that the firm put forth was based upon the fact that just because an officer says something took place, doesn't always mean it is the truth. Based on the numerous contradictions between the officer's version of the facts and the defendant's side of the story, Parks & Braxton announced ready for trial. The day before jury trial, the State agreed to Drop the DUI.

The State dropped the DUI.

Mar 21, 2014 Case: 05-2013-CT-063862-AXXX-XX Judge Babb

The defendant was stopped for speeding. He was traveling 90 mph in a 45 mph zone. The officer noticed the defendant to have an odor of alcohol, extremely slurred speech, blood-shot eyes, and he admitted to drinking beer. The defendant also used the driver's door for balance while stepping out of the car. He then performed the field sobriety tests on videotape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .152 and .165 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged, that on videotape at the breath alcohol testing facility, the officer misinformed the defendant as to the law in an attempt to get him to take a breath test. Thus, we argued that he was coerced into taking the test based on the misstatements by the officer. Prior to the motion being argued, the State Dropped the DUI.

The State dropped the DUI.

Mar 20, 2014 Case: 9855-XEQ Judge Hague

The police were called after the defendant was observed getting into his car by a security guard who believed the defendant was intoxicated. The officer then observed the defendant swerving and conducted a traffic stop. The officer observed the defendant to have an odor of alcohol, slurred speech, red eyes, and balance issues. According to the officer, 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 officer did not write one specific pertaining to the defendant's performance on the field sobriety tests. Thus, the complete performance was unknown.

The State dropped the DUI.

Mar 20, 2014 Case: 6721-XEM Judge Newman

The defendant was stopped after an anonymous person told the officers that the defendant was driving all over the road. The defendant, for some unknown reason, then pulled behind the officers and they made contact. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, the defendant showed signs of impairment on the field sobriety tests and was arrested for DUI. After his arrest, he only blew one breath sample of a .241 and then refused the second breath breath test. The police then called it a refusal to submit to breath testing because they only obtained one breath sample and not two as required.

Parks & Braxton had pre-trial talks with the State about the case.

The State dropped the DUI.

Mar 20, 2014 Case: CTC-13-2636SSLTWS Judge Salton

The defendant was stopped for driving off the roadway. The officer noticed an odor of alcohol, lethargic and sleepy movements, and slow hand / eye coordination. The defendant admitted to drinking wine. According to the officer, he failed the roadside tests which were video taped and he was arrested for DUI. During an inventory search of the defendant's car, the officer found a few prescription bottles for anti-depressants. After his arrest, he tested positive for alcohol in the breath machine. The officer, however, concluded on his DUI ticket that the defendant was impaired by those controlled substances.

Parks & Braxton pointed out to the State that although the officer found the controlled substances (ie. the anti-depressants in the car), he never even asked the defendant if he took them that day. Furthermore, the officer never even asked for a urine test. Thus, the State could not prove though any testimony what specific controlled substance was "allegedly impairing" the defendant as required by Florida Law. Also, the video tape of the defendant's roadside tests contradicted the reports about the level of impairment. The State Dropped the DUI and the defendant received No conviction for any crime at all.

The State dropped the DUI.

Mar 17, 2014 Case: 2012-CT-018600AXXXMA Judge Higbee

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slow movements, slurred speech, and blood-shot eyes. The defendant performed the roadside tests on video tape. For example, on the walk and turn test, she missed heel to toe every time, stepped off the line, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was then arrested for DUI. After her arrest, she blew a .148 and .144 in the breath machine.

Prior to trial, Parks & Braxton had several discussions about the contents of the video tape with the State. On video, the defendant was distressed and kept stating to the police officer that a male individual she had been with had attempted to assault her and that is why she drove in order to get out of the house. Her friend, who she had picked up from around the corner after she left the male's house, stated the same thing to police over and over on video. They both kept telling the officer that they were just trying to get home in order to figure out how to handle the attempted assault situation. The officer showed hardly any interest on tape about hearing their story and appeared to be only concerned with conducting the DUI investigation. The defendant and her friend even indicated to the officer that they believed the male in question was following them just before they were pulled over. Thus, the firm pointed out to the State, that the defendant only drove her car out of "Necessity" which is a defense under the law solely in order to get away from a potentially violent situation.

The State dropped the DUI.

Mar 14, 2014 Case: 6715-XCM Judge Ortiz

The defendant was stopped for speeding as he was driving 90 mph in a 35 mph zone. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Prior to a trial, Parks & Braxton pointed out to the State that the officer wrote a very vague report and did not write any details about the defendant's performance on the roadside tests.

The State dropped the DUI.

Mar 11, 2014 Case: 2013-CT-011145-A-O Judge Freeman

The defendant was found by police passed out in her car at an intersection. Upon awakening the defendant after numerous attempts, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .137 and .127 in the breath machine.

Parks & Braxton had pre-trial negotiations with the prosecutor about various issues relating to the facts of the case prior to trial.

The State dropped the DUI.

Mar 11, 2014 Case: CT-A150GIE Judge Lefler

The defendant was stopped for straddling the center white line a couple of times and "drifting". The officer who made the traffic stop, observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant stated he drank a couple of beers. The stopping officer then called for a DUI unit. That other officer made similar observations and requested the defendant to perform the field sobriety tests. According to the officer, the defendant exhibited several signs of impairment on the tests and was arrested for DUI. After his arrest, the defendant blew a .20 and .183 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the arresting officer misstated the law on video tape to get the defendant to agree to take a breath test. Thus, the firm argued he was coerced into taking the breath test based upon misinformation of the law. We also filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged that there was no probable cause to believe a traffic infraction had occurred and also that there was no reasonable suspicion to believe the defendant was an impaired driver.

The State dropped the DUI.

Mar 6, 2014 Case: 6882-XEQ Judge Denaro

The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, flushed face, a sway, and stuttered speech. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton had pre-trial negotiations with the State about the facts of the case.

The State dropped the DUI.

Mar 3, 2014 Case: A08AKRP Judge Hague

The defendant allegedly hit a parked vehicle and left the scene of the crash. Officers from two different jurisdictions located him at the complex where he resided. The defendant was the registered owner of the vehicle in question and the security guard also saw him drive into the complex in a severely damaged car. The defendant, at one point when officers arrived, came out to check on his car, and the police noticed him to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI and Leaving the Scene of an Accident. After his arrest, he blew a .083 in the breath machine.

On the morning of Jury Trial, Parks & Braxton pointed out to the State that they could not prove beyond a reasonable doubt that the defendant was under the influence of alcohol at the time of the crash and while driving as required by Florida Law. Neither civilians or police, came into contact with the defendant until after he came out of his residence. Aside from Dropping the DUI, the State also Dismissed the Leaving the Scene of an Accident charge.

The State dropped the DUI.

Feb 21, 2014 Case: 12-019882MM10A Judge Brown

The defendant was involved in a crash. Upon arrival, the officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. After exiting the car, the defendant was extremely unsteady on his feet. On video, the defendant was asked to perform several field sobriety tests. On the walk and turn test he failed to walk heel to toe, used his arms for balance and stumbled off of the line several times. On the one leg stand test the defendant dropped his foot and stated "I can't do it". The defendant was subsequently arrested for DUI. This was the defendant's 5th DUI. This was the first time the firm represented the defendant.

Despite the impairment on video, Parks & Braxton filed a motion to suppress based on a violation of 316.645. Specifically, the arresting officer did not follow proper procedure when investigating an individual for DUI who was also involved in an accident. On the morning of the motion to suppress the DUI was dropped.

The State dropped the DUI.

Feb 20, 2014 Case: 48-2013-CT-009963-A-0 Judge Bell

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test on another video tape at the breath alcohol testing facility. The State then charged the defendant with a Second Refusal. This was also the defendant's second arrest for DUI and also had a prior refusal to take a breath test.

Parks & Braxton pointed out to the State prior to setting a trial date that the video tape of the defendant's field sobriety tests showed a better performance than that described in the police reports. Also, the firm pointed out to the State, that on the other video, the defendant was repeatedly blowing in the machine and never said he was refusing even though the officers stated he refused because they never got two valid results. The video also showed the officers also appearing to be very hostile toward the defendant for no reason as he was trying to blow into the machine. The State Dropped the DUI and Dismissed the Second Refusal charge.

The State dropped the DUI.

Feb 13, 2014 Case: 6713-XEQ Judge Hague

The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and a flushed face. There were un-opened beer bottles found in the car and the defendant admitted to drinking beer and wine. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .151 in the breath machine.

Parks & Braxton had pre-trial negotiations with the State prior to a trial. We pointed out that the first breath card obtained from the defendant minutes prior to gathering the two results on the second card as stated above had a "fail" indication. It was unknown as to why that "fail" had printed out on the first breath test attempt.

The State dropped the DUI.

Feb 10, 2014 Case: 1109-XEV Judge Wolfson

The defendant was stopped for speeding and weaving. Once stopped, the officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant stated he drank a half a beer. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, the firm also won a prior DUI that the defendant had been arrested for in a different county just over four years ago.

Parks & Braxton announced ready for a jury trial. On the morning of trial, we pointed out to the State that the arresting officer's reports were very vague and he did not write one specific detail about the defendant's performance on the field sobriety tests. On the morning of jury trial, the State Dropped the DUI.

The State dropped the DUI.

Feb 6, 2014 Case: 2013-CT-012432-O Judge Miller

The defendant came into contact with the police after they received a call that he allegedly hit a cement pole at a drive thru fast food restaurant. When the officer arrived, the defendant was in the driver's seat and the officer observed some bumper scrapes and paint transfer on his car. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and he admitted to having some whiskey and two beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .186 and .207 in the breath machine.

Parks & Braxton had pre-trial discussions with the State prior to any trial being set. There was some contradictory evidence as to whether in fact a crash had actually taken place per the written reports and citations.

The State dropped the DUI.

Feb 5, 2014 Case: CT-6712-XEP Judge Myers

The defendant was stopped for having an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he was unsteady on his feet. According to the officer, 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 video tape at the scene contradicted the officer's written allegations about the defendant's level of impairment.

The State dropped the DUI.

Jan 31, 2014 Case: 6222-XEQ Judge Ortiz

The defendant was stopped for driving down the wrong side of the road. The officer observed the defendant to have an odor of alcohol, a flushed face, and slurred speech. Beer was also found in the car. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .172 in the breath machine.

Parks & Braxton had numerous pre-trial discussions with the State prior to a trial.

The State dropped the DUI.

Jan 30, 2014 Case: 2013-CT-026639AXXX Judge Shepherd

The defendant was stopped for swerving all over the road and almost hitting parked cars. The officer noticed the defendant to have an odor of alcohol, slurred speech, and swaying. The defendant admitted to having four vodka drinks. She failed all the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .162 and .169 in the breath machine.

Parks & Braxton had pre-trial negotiations with the State prior to a trial.

The State dropped the DUI.

Jan 30, 2014 Case: 13-CT-503730 Judge Hayward

The defendant was stopped for weaving and almost colliding with another car. The officer noticed an odor of alcohol, mumbled speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer's reports although none of them were video taped. He was arrested for DUI. After his arrest, he tested positive for alcohol in the breath machine. However, the officer concluded he was also impaired by a chemical and/or controlled substance so a Drug Recognition Exam was conducted on the defendant. That officer then concluded the defendant was impaired by alcohol and a CNS Depressant. The defendant then provided a urine sample to the police for testing at the lab.

Parks & Braxton requested that full discovery be provided by the State as required by Florida Law. The urine test results were not provided in a timely manner by the State to the defense.

The State dropped the DUI.

Jan 29, 2014 Case: 12-014569MM10A Judge Robinson

The defendant was stopped for swerving on the roadway as well as speeding. As the officer approached the vehicle he noticed a strong odor of alcohol. After face to face contact the officer also noticed slurred speech and bloodshot watery eyes. The defendant performed the HGN (eye test), one leg stand, finger to nose as well as the walk and turn. Subsequently, the defendant admitted to drinking and was arrested for DUI. In addition, the defendant was charged with felony carrying a concealed firearm. This was the defendant's second DUI.

Parks & Braxton filed a motion to dismiss the firearm charge which was granted. After preparing the DUI for jury trial the State dropped the charge.

The State dropped the DUI.

Jan 29, 2014 Case: A0FQ9DE Judge Mcneil

The defendant was stopped for crossing over the fog line, almost hitting a curb, making an alleged wide turn, and driving over a curb while turning into a parking spot. The officer, after initiating a traffic stop, noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking three beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. This was the defendant's second DUI arrest within five years.

Parks & Braxton pointed out to the State during pre-trial discussions that the driving pattern as alleged by the officer in the police reports was contradictory to what was captured on the in-car video tape. Thus, we pointed out to the State that the initial traffic stop may have been unlawful.

The State dropped the DUI.

Jan 27, 2014 Case: 2013-CT-02035AXXX Judge Weiss

The defendant was stopped for driving the wrong way down a one way street. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. She partially completed the roadside tasks on video tape. The defendant admitted to having two glasses of wine. According to the officer, she failed all portions of the roadside tasks that were attempted by the defendant. She was then arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton had pre-trial negotiations with the State prior to any trial.

The State dropped the DUI.

Jan 23, 2014 Case: 2012-CT-001785-A-O Judge Adams

The defendant was stopped for weaving and almost causing a crash. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and she appeared off balance. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .187 and a .188 in the breath machine.

Parks & Braxton had lengthy pre-trial discussions with the State about the case.

The State dropped the DUI.

Jan 10, 2014 Case: CTC12-3974XEZANC Judge Levine

The defendant was stopped by the police when he was observed by the police doing "donuts" in his car in a parking lot. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to splitting some pitchers of beer with friends and the officers observed him swaying. According to the officers, he failed the field sobriety tests and was arrested for DUI. The incident was captured on video tape. After his arrest, he blew a .093 and .089 in the breath machine.

Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the police officer misinformed the defendant of the law and coerced him into taking a breath test. The entire conversation between the defendant and the officer was captured on the video tape. Just prior to the hearing date, the State agreed with the firm's motion after reviewing the tape.

The State dropped the DUI.

Jan 10, 2014 Case: 6684-XEQ Judge Ortiz

The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, the defendant's speech was not understandable, and he appeared disoriented. The defendant was unsteady and unable to perform any field sobriety tests due to his high level of intoxication. He was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Jan 7, 2014 Case: 6693-XEQ Judge Altfield

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. The defendant failed all the field sobriety tests according to the officer and she was then arrested for DUI. None of the tests were video taped. After her arrest, she blew a .106 in the breath machine and then refused to provide a second breath sample as required by Florida law.

Parks & Braxton pointed out to the State that the defendant never stepped off the line on the walk turn, never put her foot down on the one leg stand test, and estimated 27 out of 30 seconds on the Rhomberg balance test. Thus, the firm showed the State numerous weaknesses in their case and the firm was ready for trial.

The State dropped the DUI.

Jan 6, 2014 Case: 5920-WMB Judge Krieger-Martin

The defendant was stopped for continuously weaving and nearly side-wiping another car. The defendant had an odor of alcohol, slurred speech, and blood-shot eyes. He also admitted to having a few drinks and taking a prescribed anti-depressant medicine. The defendant failed all the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol, however, the officers never asked for urine. This was the defendant's Second DUI within a five year period.

Despite the fact that the report listed an alleged statement by the defendant concerning medication, the fact that the officer never asked for a urine sample demonstrated a lack of credibility. On the morning of trial Parks & Braxton pointed out to the State the weaknesses in their case.

The State dropped the DUI.

Jan 3, 2014 Case: 12-022256MM10A Judge Brown

The defendant was seen passed out at the airport in front of the terminal with the engine on, the car in gear, and his foot on the brake. The initial officer approached the vehicle in an attempt to wake him up. The defendant woke up, hit the gas peddle and drove up onto the curb. The initial officer observed signs of impairment and subsequently requested a DUI task force officer to conduct a DUI investigation. The DUI officer observed a strong odor of alcohol, bloodshot eyes, slurred speech as well as unsteadiness. The defendant then performed field sobriety tests. On video the defendant performed the walk and turn, one leg stand, HGN (eye test), as well as the finger to nose test. He was subsequently arrested for DUI and refused a breath test.

Based on several conflicts between the video and the police reports Parks & Braxton announced ready for trial.

The State dropped the DUI.

Dec 17, 2013 Case: 13-CT-502275 Judge Hayes

The defendant was stopped for driving 101 miles per hour in a 70 mile per hour zone at about 7:30 a.m.. She was also changing lanes improperly, following too closely, and failing to use her signal. The officer noticed the defendant to have an odor of alcohol, quickly placed her in hand cuffs, and arrested her for reckless driving. The officer then requested that the defendant perform field sobriety tests. According to the officer, she failed them and was also arrested for DUI. After her arrest, she tested positive for for alcohol on the breath machine, however, the officer actually believed she was impaired by a chemical and/or controlled substance.

Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. The State Dismissed the DUI and the defendant received no conviction or points on the other reckless driving charge.

The DUI was dismissed.

Dec 17, 2013 Case: 49-2013-CT-003741 Judge Epperson

The defendant was stopped for having an expired registration. The officer noticed an odor of alcohol, blood-shot eyes, and very slurred speech. The defendant stated that he had drank two long island iced teas and a lemon drop shot. According to the officer, the defendant swayed and weaved as he walked while outside the car. The defendant then performed the field sobriety tests. According to the arresting officer, he failed them all and was arrested for DUI . After his arrest, he refused the breath test. The entire incident was captured on video tape.

Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause to arrest the defendant for DUI since none of his "normal faculties" were impaired. We pointed out to the State that the entire video contradicted what was written in the police reports.

Prior to the motion ever being argued, the State watched the video tape and then Dropped the DUI to a Simple Civil Traffic Infraction.

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