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DUI Wins

Our Recent Victories

Jun 4, 2015 Case: 2015-CT-003939-O Judge Bell
The defendant was stopped for weaving all over the road and speeding. The officer observed an odor of alcohol, flushed face, and watery eyes. The defendant admitted to drinking three beers. According to the officer, he failed all the roadside tests which were not video taped. The defendant was arrested for DUI. Later, the defendant tested positive for alcohol on the breath machine, however the officer noticed a blue coating on the defendant's tongue and then suspected drug use.
Parks & Braxton pointed out to the State early on after the defendant's arrest that the defendant did not make any statements about taking any chemical or controlled substances. Thus, the State could not prove by which specific drug was alleged impairing the defendant as the officer concluded based on some blue coating.
The DUI was dismissed.
Jun 1, 2015 Case: 303382-X Judge Newman
The defendant was involved in a two car crash. Upon arrival, officers noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant was also screaming and flailing his arms. He admitted to consuming two beers and almost fell down two times as he lost his balance. According to the officers, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton made several requests for discovery items from the State, including various police reports. After the third time requesting them, the State dismissed the DUI due to the police not turning over the documents to them. Thus, they could not turn them over to the defense.
The DUI was dismissed.
May 14, 2015 Case: 05-2013-CT-065706 Judge Clarke

The defendant was stopped for weaving, failing to stop a red light, and driving under and over the speed limit. The officer noticed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. She also had a flushed face. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, the defendant stepped off the line, used her arms for balance, and did not touch heel to toe. On the one leg stand exercise, she hopped and swayed. The defendant was then arrested for DUI and she later refused the breath test.

Parks & Braxton pointed out to the State that the video tape clearly showed that the roadside tests were conducted off to the side of the road in a sloped ditch. The defendant even stated to the officer on tape that she did not believe the ground was level. However, the officer did not move her to the side where the ground was level and had her do them on uneven ground. Furthermore, the defendant's speech sounded normal on video. The firm announced ready for jury trial.

The State dropped the DUI.

May 11, 2015 Case: 2015-CT-000538-A-E Judge Allen

The defendant was stopped for driving without headlights. The officer noticed the defendant to have an odor of alcohol and glassy/bloodshot eyes. The defendant performed the roadside tests at the request of the officer which were not video taped. For example, on the walk and turn test, the defendant used his arms for balance and stepped off the line. On the one leg stand, the defendant swayed and counted wrong. The defendant was asked if he was also taking any medications and the defendant stated "yes" but he did not specify which medications and when he took them. The officer concluded that the defendant was impaired not only by alcohol, but also a chemical and/or controlled substance based on the defendant's statements about taking medications.

Parks & Braxton had pretrial talks with the prosecutor. We pointed out that the State could not prove by which chemical and/or controlled substance was allegedly impairing the defendant based on his vague statements and the officer not obtaining specifics as to the medications. A few weeks prior to the trial date, the State dismissed the DUI.

The DUI was dismissed.

May 5, 2015 Case: 2014-CT-149893 Judge Lefler

The defendant was stopped for swerving and drifting. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She leaned against her car for balance and was swaying. Three empty vodka bottles were found in the defendant's back seat. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.

Parks & Braxton pointed out to the State that the officer wrote in his reports that an in car camera was used during the entire DUI investigation. However, upon investigation, it was determined that the video could not be retrieved off the department's computer server. No explanation was ever given by the police as to why the video was purged.

The State dropped the DUI.

May 5, 2015 Case: 2015-CT-500334 Judge Mann

The defendant was stopped for weaving in and out of lanes and making an improper right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she was repeating the same thing over and over. According to the officer, the defendant was unsteady and off balance outside her car. She failed the field sobriety tests and was arrested for DUI. There was no video tape used by the officer.

Parks & Braxton pointed out to the State that the alleged weaving was not described in any detail. Also, the officer hardly wrote any specifics about the defendant's alleged performance on the roadside tasks.

The State dropped the DUI.

May 4, 2015 Case: 2014-CT-145299 Judge Lefler

The police were called out as someone saw the defendant passed out in a bar parking lot. They gave a description of his car. When officers responded, the defendant was driving off. The officers followed and observed the defendant weaving all over the road. Upon stopping the defendant, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used his hands to balance himself on the car and swayed as he stood. He refused to perform the roadside tests on video tape and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State, that on video, the defendant was not swaying as the officers had written and his speech was not slurred on tape. Also, the defendant was never advised of any adverse consequences for refusing the field sobriety tests as required by law.

The State dropped the DUI.

Apr 30, 2015 Case: A0Z0OWP Judge Krieger-Martin

The defendant was found passed out in a drive thru by police. After finally awakening the defendant, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, sluggish movements, and slurred speech. The defendant admitted to consuming 4-5 beers. He failed all the roadside tests due to his level of intoxication. He was then arrested for DUI. After his arrest, he blew a .173 and .167 in the breath machine.

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

The State dropped the DUI.

Apr 29, 2015 Case: 2014-CT-025761AXXX Judge Bonavita

The defendant was found by the police passed out at an intersection. Upon awakening the defendant, the officer noticed the defendant to have an odor of alcohol, he was very confused, and stated he had drank three whiskey and cokes. The defendant was not making sense in his responses to questioning by the officer. The defendant was asked to perform field sobriety tests on videotape to which he complied. According to the officer, he showed signs of intoxication and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the defendant's performance on the tests contradicted the beginning portion of the video tape as to his level of alleged impairment. The week before a jury trial, the State Dropped the DUI.

The State dropped the DUI.

Apr 28, 2015 Case: CTC14-5994XBCNC Judge Pierce

The defendant rear ended another car. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. While standing, she was unsteady and staggering according to the police reports. The officer asked her to perform the field sobriety tests and she refused. She was then arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton pointed out to the State that on the videotape at the scene, the defendant's speech appeared normal versus what the officer wrote in his report. Also, she was not off balance or unsteady on tape. In addition, the officer never advised the defendant of any adverse consequences relating to her refusal to perform the roadside tests as required by case law.

The State dropped the DUI.

Apr 24, 2015 Case: 2014-CT-022764AXXX Judge Weiss

The defendant was involved in a rear end crash in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery eyes. She was observed staggering and swaying upon exiting the car. The defendant failed the roadsides tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton had pre-trial talks with the prosecutor for a few months to convince them to drop the DUI. We pointed out to them that the roadside report was very vague and there were hardly any details of the defendant's performance on the field sobriety tests. Also, we showed them pictures that there was no damage to the other car as it was just a slight bump at a traffic light.

The State dropped the DUI.

Apr 23, 2015 Case: 2014-CT-505243 Judge Gagliardi

The defendant was stopped for swerving all over the road and almost hitting another car. Upon stopping the defendant, the officer noticed the defendant to have rapid speech, poor coordination, and difficulty focusing in on answering basic questions. She had no odor of alcohol. The defendant stated she takes numerous prescribed controlled substances for anxiety, depression, and ADHD among other medical conditions. The defendant performed field sobriety tests, and according to the officer, she failed them and was arrested for DUI (chemical and/or controlled substance). Back at the station, a DRE (drug recognition expert) was called in to conduct a further investigation. One the evaluation was concluded, that officer with specialized training, concluded the defendant was impaired by a CNS depressant, a CNS stimulant, and a narcotic analgesic. A urine sample was then provided to the police by the defendant. The toxicology lab determined via testing that there were amphetamines, also known as CNS stimulants, in her system.

Parks & Braxton had numerous talks with the State pretrial. We pointed out that the DRE was wrong in that he concluded she was impaired by a CNS depressant and narcotic analgesic and none were found in her system. Also, the field sobriety tests he conducted back at the station contradicted her performance at the scene. There was no video tape. His conclusions contradicted the urine results. Also, we showed the State a letter from her Dr. who prescribes all her medications. He was with her just hours before the arrest and he observed no signs of impairment. The State Dropped the DUI and she received no criminal conviction at all.

The State dropped the DUI.

Apr 20, 2015 Case: 2015-CT-000273-E Judge Clark

The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed the defendant to have an odor of alcohol and her movements were slow and lethargic. Her eyes were red and her pupils were dilated. The defendant stated she had been drinking beers. She was asked to perform the roadside tasks to which she refused. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.

Parks & Braxton announced ready for trial. Just prior to trial , we pointed out to the State that none of the alleged driving pattern was on video tape. Once the officer stopped the defendant, she then turned on the camera. During half of the video tape, the officer, for some unknown reason, took the defendant away from the camera so the defendant's actions could not be seen. Also, we pointed out that some of the defendant's normal faculties were not impaired on video tape.

The State dropped the DUI.

Apr 14, 2015 Case: 2014-CT-008989AXXX Judge Cunningham

The defendant was stopped by the police for having his tail lamps out. Upon stopping the defendant, the officer noticed an odor of alcohol coming from the "interior of the car" and a beer bottle in the back passenger floorboard. The officer had his police lights on and told the defendant to "stay put" as he went back to his patrol car. Upon entering his patrol car, he began typing out traffic citations for no tail lamps and for the defendant not carrying his registration. He had also called for a DUI unit. The defendant sat in his car for an extended period of time waiting for the DUI unit to arrive even after the citations had already been typed. When the DUI unit arrived on scene, he went up to the defendant's car and observed an odor of alcohol from the defendant himself, bloodshot eyes, and slurred speech. The defendant then performed the field sobriety tests on video tape. According the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Third DUI.

Parks & Braxton took pretrial sworn deposition testimony of the officer who stopped the defendant. After taking the deposition, the firm filed a pretrial motion to suppress all of the evidence. In our motion, we alleged that there was no "reasonable suspicion" of a crime justifying the initial detention of the defendant at the scene longer than it was necessary to write the civil traffic citations, while awaiting arrival of a DUI unit some time later. The Judge was presented case law by the defense, heard argument, and then Granted the motion thereby excluding all the State's evidence against the defendant.

The DUI was dismissed.

Apr 10, 2015 Case: 15-CT-500050 Judge Adams

The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and he swayed back and forth while outside the car. The defendant then performed the field sobriety tests on video tape. According to the officer, he failed and was arrested for DUI. After his arrest, he blew a .113 and .115 in the breath machine.

Parks & Braxton pointed out to the State in pretrial negotiations that the video contradicted the breath test results. We discussed with the State how the defendant's performance on the video was contradicted by the written police reports and that his breath alcohol level could have been lower at the time of driving.

The State dropped the DUI.

Apr 10, 2015 Case: 2012-CT-001647-O Judge Wilson

The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed once outside the car. According to the officer he failed the roadside tests and was arrested for DUI. While at the station, the officer came to the conclusion that the defendant was impaired by a controlled substance after having found amphetamines salts in the car. A drug recognition expert officer was called to conduct a further investigation. That officer concluded the defendant was impaired by a CNS stimulant (ie. amphetamines). The officer then requested a urine test. The defendant complied and later tested positive amphetamines.

Parks & Braxton had lengthy discussion with the State prior to trial.

The State dropped the DUI.

Mar 31, 2015 Case: 2014-317967 MMDB Judge Davidson

The defendant was stopped for speeding. The defendant had an odor of alcohol, mumbled speech, and he admitted to drinking beers. He was also observed to be unsteady on his feet. According the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a.100 and .092.

Parks & Braxton had discussions with the prosecutor about dropping the DUI prior to trial.

The State dropped the DUI.

Mar 26, 2015 Case: 2014-CF-002722AX Judge Economou

The defendant was found by the police passed out in his car as it was parked in front of a convenience store. The defendant was slumped over the wheel, the engine was on, and the a/c was running. The officers finally awoke the defendant and noticed him to have an odor of alcohol, slurred speech, and there was a pool of vomit right outside his car. The defendant refused to perform any roadside tests and was arrested for DUI. While in the back seat of the patrol car, the defendant was cursing the entire car ride to the jail. At one point, he allegedly spit at the officer though the cage and that led to him being charged with an additional crime of Felony Battery on a Law Enforcement Officer.

Parks & Braxton had discussions with the prosecutor just prior to the taking of pretrial depositions on the case. After our talk, the State agreed to Drop the DUI and also Drop the Felony Battery on a Law Enforcement Officer down to a misdemeanor. On both charges. the defendant received NO criminal convictions on his record.

The State dropped the DUI.

Mar 24, 2015 Case: 2014-CT-504094 Judge Paluck

The defendant was stopped for driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, incomprehensible speech, and glassy eyes. The defendant had to use the car for balance and also swayed while outside of the vehicle. According to the officer, the defendant appeared heavily intoxicated. He did not perform any 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 told the police on scene he had bypass surgery and also was diabetic. EMS was called to check the defendant. We discussed with the State that any impairment observed could have been due from the defendant's diabetes and his past bypass surgery.

The State dropped the DUI.

Mar 23, 2015 Case: 4209-XEX Judge Seraphin

The defendant was stopped for speeding and striking a curb two times. The officer noticed an odor of alcohol, slow speech, and red eyes. The defendant admitted to drinking three gin and tonics. He then performed the field sobriety exercises whereby the defendant displayed several signs of impairment. He was then arrested for DUI. After his arrest, he blew a .203 and .200 in the breath machine.

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

The State dropped the DUI.

Mar 13, 2015 Case: 14-CT-504722 Judge Swett

The defendant crashed his car into a palm tree causing extensive damage to his car. When the police officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, slow and lethargic movements, and disarranged clothing. The defendant failed the field sobriety exercises. For example, on the walk and turn test, he failed to touch heel to toe, stepped off the line, lost his balance, and did not count out loud. On the one leg stand exercise, he swayed, put his foot down, and used his arms for balance. He was then arrested for DUI.

Parks & Braxton had pretrial talks with the State. We pointed out first that there was no video tape at the scene and the roadsides were vaguely described. Also, more importantly, back at the breath facility, after his arrest, the defendant was offered a breath test. The defendant stated he would provide a breath sample. However, the police could not locate someone qualified to administer the test. It was unclear what efforts if any were taken by the police to locate a breath machine operator. Thus, the State had no refusal to argue consciousness of guilt or breath test results to rely upon.

The State dropped the DUI.

Mar 12, 2015 Case: 2015-CT-000707AXXX Judge Shepherd

The defendant was stopped for swerving all over the road. The officer observed the defendant to have an odor of alcohol, glassy eyes, and slow reactions. The defendant had to lean against the car for balance and admitted to drinking beer. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .153 and .151 in the breath machine.

Parks & Braxton conducted pretrial talks with the prosecutor.

The State dropped the DUI.

Mar 11, 2015 Case: 14-CT-145522 Judge Myers

The defendant crashed his car into a concrete barrier wall. When the officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He was also very unsteady on his feet. The defendant admitted to consuming 2-3 beers. According to the Trooper, the defendant failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton had discussions with the State prior to trial. We pointed out that on the video tape, the officer did not properly angle the camera. Thus, no one could properly view the defendant's entire performance on the roadside tests. Also, the video tape contradicted the officer's reports as the defendant's speech appeared normal on tape and he was not unsteady.

The State dropped the DUI.

Mar 11, 2015 Case: 2014-CT-027517AXXX Judge Johnson

The defendant was stopped for swerving. The officer observed the defendant to have an odor of alcohol, slurred speech, and an "orbital" sway. The defendant stated she had been drinking beer and also kept fumbling around looking for her license, registration, and insurance while still seated in the car. She then performed the roadside tasks. According to the officer, the defendant failed the video taped field sobriety tests. For example, the defendant could not properly state the alphabet. On the one leg stand, she put her foot down and swayed. The defendant was then arrested for DUI. Subsequently, she refused the breath test.

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

The State dropped the DUI.

Mar 10, 2015 Case: 14-009274MM10A Judge Solomon

The defendant was stopped for speeding. The defendant did not pull over immediately, even with the officer's lights flashing and sirens on. The officer observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant admitted to consuming 3-4 beers. According to the officers, the defendant showed several signs of intoxication during the field sobriety tests. He was then arrested for DUI.

Parks & Braxton took a sworn pretrial deposition of the lead investigating officer involved in the case. The officer made several statements under oath in his deposition that contradicted both his police reports and the DUI video tape.

The State dropped the DUI.

Mar 9, 2015 Case: 13-006125MM10A Judge Evans

The defendant was stopped after an officer observed him driving off the shoulder and almost hitting detour signs. The officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The initial officer called for a DUI unit to conduct an investigation. The DUI task force officer conducted several roadside sobriety exercises and arrested the defendant for driving under the influence.

Parks & Braxton compared the officer's report with his in car video. Ultimately, there were several inconsistencies between the officer's report and the video. For example, the officer lied about the number of times the defendant dropped his foot on the one leg stand. In addition, the summary concerning the walk and turn test was exaggerated as well. Counsel told the defendant not to take a plea to DUI and proceed to trial. Prior to trial the State agreed to drop the DUI.

The State dropped the DUI.

Mar 9, 2015 Case: 13-015733MM10A Judge Brown

The defendant was involved in a traffic accident. He was alleged to have cut in front of another driver in an intersection. He was found to be the at fault driver by the police. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and slurred speech. The defendant also had a flushed face. According to the officer, he failed all the roadside tests. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn test, he stepped off the line and lost his balance. He was then arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton investigated the case and pointed out that the officer embellished the defendant's level of impairment in his reports. We pointed out to the State that the video tape contradicted the written reports.

The State dropped the DUI.

Mar 2, 2015 Case: 2014-CT-010690 Judge Adams

Police were called after the defendant allegedly threw a beer can onto the victim's yard. The victim then followed the defendant in his car and and threw the beer can at the defendant's truck. When the police arrived, they found the defendant standing in his driveway. The officer noticed an odor of alcohol, a sway to his stance, and watery eyes. The defendant admitted to drinking beer. No roadside tests were conducted due to an injury the defendant previously sustained and also due to his level of intoxication. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI.

Parks & Braxton pointed out to the State that no police officer observed the defendant driving or actual physical control as required by Florida Statutes when there is no traffic crash involved. Thus, the State could not prove the first element of the crime of DUI.

The DUI was dismissed.

Feb 26, 2015 Case: 2014-CT-027757AMB Judge Shepherd

The defendant was stopped for driving aggressively and almost colliding with other cars. Upon being stopped, the officer observed the defendant to have an odor of alcohol, glassy eyes, she seemed dazed and confused, and slurred speech. The defendant stated she had drank 2-3 glasses of wine. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .105 and .112 in the breath machine.

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

The State dropped the DUI.

Feb 18, 2015 Case: 2014-CT-142610 Judge Myers

The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking three scotches. 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 had pretrial talks with the State a few days prior to the trial date. We pointed out that none of the defendant's "normal faculties" were impaired on video as it was alleged in the police reports.

The State dropped the DUI.

Feb 13, 2015 Case: 2014-CT-001812-W Judge McGinnis

The defendant was stopped for an alleged violation of a traffic control device pursuant to Florida Statute 316.074. He was in a turning lane with a white arrow on the road indicating one should turn left. He decided to cut over a couple of lanes as were needed to go right instead of making a left. Once stopped, the officer noticed the defendant to have an odor of alcohol, extremely slurred speech, and red eyes. According to the officer, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, at the station and on video, the defendant stated he knew he would blow over a .08. The defendant then took a breath test and blew a .248 and .253 in the breath machine. This was the defendant's Second DUI.

Parks & Braxton filed a pretrial motion to suppress the lawfulness of the initial traffic stop. In our motion, we alleged that there was no probable cause to stop the defendant as all he was doing was deciding to switch his direction of travel. Thus, no traffic infraction had been committed. The day prior to the motion hearing, the State stated they would drop the DUI.

The State dropped the DUI.

Feb 11, 2015 Case: 15-CT-500436 Judge Gonzalez

The defendant was seen by the police standing on the side of the road with his hand up trying to flag someone down. The officer got out of his car and came in contact with the defendant. The officer observed the defendant to be bloody, have an odor of alcohol, and slurred speech. The defendant stated he had been drinking at a bar and his friend threw him out of the truck while it was moving. He then refused any medical treatment by fire rescue. The defendant refused to performed 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, nor anyone else, ever observed the defendant driving or in actual physical control of the truck. Thus, the first element of a DUI charge could not be proven.

The DUI was dismissed.

Feb 10, 2015 Case: 14-CT-505072 Judge Mann

The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol from his breath, slow/slurred speech, and bloodshot eyes. The defendant stated he had just come from a nightclub and had consumed a few drinks. He showed several signs of intoxication on the field sobriety tests and was arrested for DUI. This was the defendant's Second DUI.

Parks & Braxton had pretrial discussions with the State Attorney's Office prior to setting a trial date which led to them dropping the DUI.

The State dropped the DUI.

Feb 10, 2015 Case: 2014-CT-003242 Judge Provost

The defendant was stopped for speeding. The trooper observed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted having consumed two drinks and smoking some marijuana earlier in the day. After performing the roadside tests on video tape, she was arrested for DUI. After her arrest, and at the station, the trooper believed she was impaired by a chemical and/or controlled substance. He then called for another officer to conduct a DRE (drug recognition exam). That exam was conducted by a more experienced officer who had the defendant perform field sobriety tests again as part of the entire DRE exam. Once that exam was complete, she provided a urine sample to the police.

Parks & Braxton pointed out to the State very early on in the case, after reviewing the discovery, that the two officers were contradicting each other in both their observations, as well as conclusions. Furthermore, a pre-trial investigation by the firm of the arresting trooper revealed FHP had tried to fire him due to allegations of severe misconduct.

The DUI was dismissed.

Feb 9, 2015 Case: 2014-CF-013385000AHC Judge Fernandez

The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she appeared unsteady on her feet. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI. After her arrest, she blew a .143 and .149 in the breath machine. The defendant was eventually charged by the State with a Third Degree Felony DUI due to the fact this was her Third DUI within ten years of her last DUI conviction.

Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that on the video tape at the breath testing facility, the arresting officer was giving legal advice to the defendant. Thus, he was misleading her, providing misinformation, and coercing her into taking a breath test. We also pointed out that the defendant's performance on the video taped field sobriety tests contradicted the police reports. Prior to trial and the motion ever being heard, the State Dropped the Felony DUI all the way down to a Misdemeanor Reckless Driving.

The State dropped the DUI to a reckless driving.

Feb 6, 2015 Case: 2014-CT-029576 Judge Silverman

The defendant was involved in a one car crash. His car ended up mounted upon a concrete wall in a construction area. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, bloodshot eyes, and a flushed face. The defendant also appeared very unsteady. The defendant explained to the officer how the crash had occurred, talked about his intoxicated state, and that he knew he was drunk. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a motion to suppress the defendant's alleged statements. In our motion, we alleged that the officer never read the defendant his Miranda rights. Thus, the accident report privilege was violated. We also filed a motion to suppress the defendant's refusal to give a breath test based the fact that the officer misstated the law. Finally, on the entire video tape at the scene, you never hear the defendant stating "he knew he was drunk" or anything about him talking about his level of intoxication as the officer wrote in his report.

The State dropped the DUI.

Feb 6, 2015 Case: 2014-CT-022518 Judge Atkin

The defendant was stopped for weaving all over the road. The defendant stated he had spilled a beer in the car while driving which caused him to swerve. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He was also unsteady on his feet. According to the arresting officer, the defendant did not perform up to standards on the roadside tests and was arrested for DUI.

Parks & Braxton pointed out to the State that the officer had a working in car video camera on scene. However, the officer did not videotape the defendant performing the roadside tests as the camera was on, but facing in a different direction. Thus, no one could see how the defendant actually performed.

The State dropped the DUI.

Feb 5, 2015 Case: 2014-CT-047130 Judge Jeske

The defendant was stopped after he was involved in a hit and run accident. He allegedly sideswiped another car. The officer observed the defendant to have an odor of alcohol and slurred speech. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

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

The State dropped the DUI.

Feb 5, 2015 Case: 2014-CT-139226 Judge Jeske

The defendant was stopped for weaving and his rear brake light was inoperable. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, the defendant was trying to conceal the odor of alcohol by wearing extra cologne and using breath mints. After performing the field sobriety tests on video tape, the defendant was arrested for DUI.

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

The State dropped the DUI.

Feb 5, 2015 Case: 2014-CT-122587 Judge Jeske

The police were called to investigate the defendant based on the fact he was causing a disturbance and was intoxicated. When officers arrived, they spotted the defendant's car and followed him. They noticed him weaving and driving on the grass median. Once stopped, the officer noticed the defendant to have an odor of alcohol, watery eyes, and he swayed while standing outside the car. 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 police reports were very vaguely written. Also, the officer's camera was not working at the scene so no tests were video taped.

The State dropped the DUI.

Feb 5, 2015 Case: CTC147422XFGASP Judge Overton

The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol and blood shot eyes. According to the officer, the defendant swayed and staggered upon exiting the car. He also admitted to consuming three beers. The defendant performed the field sobriety tests on video tape and was arrested for DUI. After his arrest, he blew a .084 and .085 in the breath machine.

Parks & Braxton conducted pre-trial negotiations with the State about dropping the DUI.

The State dropped the DUI.

Feb 4, 2015 Case: 2014-CT-02023-A-K Judge Fowler

The defendant drove up to an officer on his motorcycle in a parking lot to ask if the officer could spare some gasoline. The officer noticed the defendant to have an odor of alcohol, slurred speech, glassy eyes, and an "abnormal gait." According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .082 in the breath machine.

Parks & Braxton had pre-trial negotiations with the prosecutor a couple weeks before the trial date. We pointed out that the video tape contradicted the officer's reports. Also, we pointed out that with the margin of error on breath testing, the defendant's .082 result could have been below the legal limit.

The State dropped the DUI.

Feb 2, 2015 Case: 2014-MM-007920A Judge Schott

The defendant was found by the police passed out in his car in a bar / shopping center parking lot. A 911 caller alerted police to his car by stating he had been passed out for about three hours. When officers arrived, they awoke the defendant. The officer smelled an odor of alcohol, noticed slurred speech and bloodshot eyes. The defendant stated he had a couple of beers a few hours ago. According to the officer, he failed the video taped roadside tests and was arrested for DUI. He refused the breath test after his arrest. This was the defendant's third DUI arrest.

Parks & Braxton announced ready for trial. We pointed out to the State that the defendant's field sobriety test performance on video contradicted the officer's written reports. Also, we pointed out that a person who is sleeping in a car cannot be in "actual physical control" as they have no "capability" of operating the vehicle while sleeping. On the day of jury trial, the State Dropped the DUI.

The State dropped the DUI.

Jan 30, 2015 Case: 2014-CT-001246-E Judge Wilson

The defendant was allegedly involved in a side swipe crash. When the police arrived, they noticed the defendant to have an odor of alcohol, red eyes, and slurred speech. He swayed as he stood outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .171 and .157 in the breath machine.

Parks & Braxton pointed out to the State prior to trial that there were three people in the defendant's car at the time of the crash. We talked with the State and also pointed out that the alleged victim in the crash could not properly identify the defendant as the driver based on statements and her description. Thus, the State could not place the defendant in actual physical control as the driver at the time of the crash.

The State dropped the DUI.

Jan 27, 2015 Case: 13-020017MM10A Judge Solomon

The defendant was involved in a crash. She hit a barrier wall and also smashed into a another car. The officers observed the defendant to have an odor of alcohol, mush mouthed speech, and watery eyes. The police observed her to sway, appear unsteady, and also have a blank stare. The defendant admitted to consuming 3 beers and 3 shots. According to the officers, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .109 and .107 in the breath machine.

Parks & Braxton announced ready for trial. On the day of trial, the State Dropped the DUI.

The State dropped the DUI.

Jan 27, 2015 Case: 13-023560MM10A Judge Pole

The defendant was originally observed by a civilian witness crashing into a posted "no u-turn" sign. The witness subsequently contacted the police. When the deputy located the defendant he noticed the defendant 's tires spinning despite being in a stopped position. The officer approached the vehicle and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. In addition, the defendant's movements were extremely lethargic throughout the investigation. Upon exiting the car, the defendant was seen stumbling while walking and swaying while standing. The defendant refused all testing and was arrested for DUI. This was the defendant's third DUI.

The original civilian failed to provide their personal information. Therefore, the law considers that person to be at the low end of the reliability scale as far as the information they provide. In order to prove a lawful stop the officer needed to be able to corroborate some type of driving infraction. Spinning tires is not enough to lawfully stop a vehicle. Despite the fact that this was the defendant's 3rd offense for DUI, after taking testimony from the officers, the State could not proceed.

The State dropped the DUI.

Jan 26, 2015 Case: 7939-XEM Judge Hague

The defendant rear ended another car. The officers observed the defendant to have an odor of alcohol, slurred speech and bloodshot eyes. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .153 and .152 in the breath machine.

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

The DUI was dismissed.

Jan 20, 2015 Case: 2014-CT-026549AXXX Judge Weiss

The defendant was found passed out behind the wheel of his car by the police. The car was running and the transmission was in drive. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank some "Kahlua" earlier in the day and had no answer for the officer as to why he was asleep in the roadway. According to the officer, he failed the roadside tests and was arrested for DUI. The officer believed the defendant was actually impaired by a controlled substance and not alcohol after concluding his investigation.

Parks & Braxton pointed out to the State that there was no evidence of what "specific" controlled substance the officer believed was impairing the defendant as required by Florida Statutes.

The DUI was dismissed.

Jan 8, 2015 Case: 2014-CT-011400-O Judge Miller

The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, a flushed face, and bloodshot eyes. When the defendant was asked how much he had drank, he responded by saying "not much." He then told the officer he had one drink. The defendant refused to perform the field sobriety tests even after being advised of the adverse consequences. He was then arrested for DUI and subsequently refused the breath test.

Parks & Braxton had immediate pretrial discussions with the prosecutor within weeks after the defendant's arrest. At the first pretrial court hearing, the State Dropped the DUI.

The State dropped the DUI.

Jan 8, 2015 Case: 14-CM-009517 Judge Jeske

The defendant was detained by the police after he rear ended another car in a parking lot. The officer noticed the defendant to have an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having a couple of shots of alcohol. According to the officer, he failed the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .089 in the breath machine. The defendant was also charged with possession of marijuana and paraphernalia that was found in the car after his arrest for DUI.

Prior to trial, Parks & Braxton pointed out to the State that the officer's observations in the reports contradicted the defendant's field sobriety test performance on the video tape. The State then Dropped the DUI. The drug charges were dismissed under the theory of a lack of constructive possession.

The State dropped the DUI.

Jan 8, 2015 Case: 14-CT-121830 Judge Jeske

The defendant was stopped for speeding, cutting across lanes of traffic, and following other cars too close causing them to brake. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. The defendant was unsteady on his feet and was making unusual statements. After performing the HGN (eye test), he refused to perform any other tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.

Parks & Braxton had pretrial negotiations with the State a couple of weeks prior to the trial date.

The State dropped the DUI.

Jan 8, 2015 Case: 2014-CT-024198AXXX-XX Judge Koons

The defendant was found by the police after his car went into a ditch. The defendant stated he had a coughing attack which caused him to drive off the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and was unsteady on his feet. The officer also observed the defendant to be clumsy, unsure, fumbling around, a pale face, and disarranged clothing. The defendant was read his Miranda rights and stated he wanted an attorney. According to the officer, he refused to perform the roadside tests and was was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second dui arrest. The entire event at the scene was captured on video tape.

Parks & Braxton filed a pretrial motion to suppress all the evidence based on a lack of probable cause to make the arrest. In our motion. we alleged numerous factors pointing out inconsistencies between the officer's reports versus the video tape. For example, on video the defendant was never asked to perform roadside test even though it was written in the police report. Also, the defendant's speech was normal, his face was actually red, not pale, and his clothes were not disarranged. The defendant was also never off balance or unsteady and was responsive and coherent. Prior to the motion being heard, the State Dropped the DUI.

The State dropped the DUI.

Dec 15, 2014 Case: 2014-CT-105718 Judge Greco

The defendant crashed her car in the airport parking garage. When officers arrived, they noticed the defendant to have slurred speech, uncoordinated movements, and she seemed lethargic. The officers smelled no alcohol on her breath but the defendant admitted to taking Xanax that morning. No roadside tasks were conducted due to the defendant's injuries from the crash. The defendant complained of pain in her back, neck, arms, and knee from the airbags hitting her upon them deploying. She was then taken to the hospital. She agreed to provide a blood sample. When the blood test came back from the lab, the defendant tested positive for Xanax. She was later charged with Driving Under the Influence of a Controlled Substance (ie. Xanax).

Parks & Braxton pointed out to the State that the defendant had not taken the medication for hours as the crash occurred late at night. Also, we pointed out that any impairment the officers observed was due to the injuries from the crash and airbags deploying versus any alleged impairment from the Xanax.

The State dropped the DUI.

Dec 15, 2014 Case: 2014-CT-001346-E Judge Blechman

The defendant was involved in a single car crash. When the officers arrived, they noticed the defendant to be unsteady, have bloodshot eyes, lethargic movements, and slurred speech. Although the officers did not smell any alcohol, they felt he was impaired by a chemical and/or controlled substance. According to the officers, he exhibited several cues of impairment on the field sobriety tests and was then arrested for DUI.

Parks & Braxton pointed out to the State that there was no specific evidence by which the State could prove that the defendant was impaired by a specific chemical and/or controlled substance as required by Florida law.

The DUI was dismissed.

Dec 12, 2014 Case: 2014-CT-009560-O Judge Martinez

The defendant was stopped for driving without headlights. The officer observed the defendant to have an odor of alcohol, unstable balance, and glossy eyes. The defendant's speech was also heavily slurred. He failed the roadside tasks and was arrested for DUI. The officer found marijuana in the car and he was also charged with possession of marijuana. After his arrest, he blew a .114 and .108 in the breath machine per the breath test card printout.

Parks & Braxton pointed out to the State that the officer had written in one paragraph of his report that the defendant was stopped for driving without headlights, however, in the next paragraph he wrote that he arrived on scene to find fire rescue giving sternum rubs to the defendant as he was passed out at an intersection. The officer also wrote in his report that the defendant blew a .186 and .176 in the breath machine which was different than the breath card. It was totally unclear to both the State and defense whether the officer was writing about this client or another defendant. Due to the major contradictions in the police reports and breath test results, the State Dropped the DUI and the defendant received no conviction on the possession charge.

The State dropped the DUI.

Dec 9, 2014 Case: 14-CT-066124 Judge Conrad

The defendant was stopped by police after pulling out of a parking lot at a high rate of speed, screeching his tires, and cutting off another car. This all was captured on the officer's in car video tape. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. On video, the defendant was rambling on and on about different things and then admitted to drinking two beers. The defendant then refused to perform the field sobriety tests even after being warned of the adverse consequences. He was subsequently arrested for DUI. After his arrest, he refused the breath test.

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

The State dropped the DUI.

Dec 9, 2014 Case: 2014-CT-001298CTAXMX Judge Cupp

The defendant was stopped for speeding and driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. Once the defendant was outside the car, she was very unsteady and off balance. She failed the roadside tasks and was arrested for DUI. The defendant admitted to consuming four beers. Once at the station, she vomited in a trash can after taking the breath test. She blew a .188 and .178 in the breath machine.

Parks & Braxton pointed out to the State that the breath machine that the defendant blew into had major mechanical problems during the months leading up to her arrest. Also, the officer wrote a very vague report as to the details of her alleged performance on the roadside tasks.

The State dropped the DUI.

Dec 5, 2014 Case: 7819-GWZ Judge Ortiz

The defendant was stopped for speeding. The officer observed the defendant to have bloodshot eyes and dilated pupils. The officer also smelled marijuana coming from her breath. She was then asked to perform field sobriety tests which she allegedly failed. She was then arrested for DUI. A Drug Recognition Officer was called to the station to perform a special evaluation called a DRE exam to try to come to a conclusion as to what controlled substance may be impairing the defendant. That officer with special training concluded she was impaired by marijuana and CNS depressants. A urine sample was then taken from the defendant. After being tested at the lab, the defendant's urine came back positive for marijuana.

Parks & Braxton conducted pre-trial negotiations with the prosecutor regarding the amount of time marijuana can stay in one's system even weeks after they last smoked. The reason that was important is that the defendant did not admit to smoking pot that day.

The State dropped the DUI.

Dec 4, 2014 Case: 2014-CT-022175AXXX Judge Shepherd

The defendant was stopped based on an anonymous tip that he was driving all over the road and almost striking other cars. The officers spotted the defendant's car which matched the description and conducted a traffic stop. The officers on scene noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. The defendant seemed confused, was swaying, and admitted to drinking. 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 traffic stop may have been unlawful as there appeared to be no "corroboration" of the alleged driving pattern as required by law when a driver is stopped based on an anonymous tip.

The State dropped the DUI.

Dec 1, 2014 Case: 14-CT-080009 Judge Lefler

The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitting to drinking Heineken beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .127 and .133 in the breath machine.

Parks & Braxton had pre-trial negotiations with the State. We pointed out to the State that the defendant's roadside task performance on the video tape contradicted the breath test results.

The State dropped the DUI.

Nov 26, 2014 Case: 2014-CT-022565 Judge Overton

The defendant was stopped by the police and given a citation for careless driving. According to the officer's report, he allegedly almost struck another car while negotiating an improper turn. This alleged driving pattern was captured on video tape. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed two vodka drinks. The defendant was ask to perform the roadside tests and he complied. On video tape, the defendant exhibited several clues of intoxication. He was then arrested for DUI. After his arrest, he blew a .136 and .138 in the breath machine.

Parks & Braxton filed a pre-pretrial motion to suppress all of the evidence based on unlawful traffic stop by the officer. In our motion, we alleged, that on video tape, one could clearly see that the defendant never cut anyone off. In fact, the defendant was stuck in a no left turn lane and had no choice but to actually let traffic pass in order to move over into the appropriate right lane of travel. The Judge watched the video and listened to the arguments of the attorneys. He then Granted the motion and threw out all of the evidence in the case.

The DUI was dismissed.

Nov 21, 2014 Case: 13-000709MM10A Judge Brown

The defendant's vehicle was originally seen by an officer sitting in the middle of the roadway at a flashing yellow light. The officer drove by the intersection and saw the same car parked in the middle of the roadway. The officer approached the car and noticed an individual sleeping inside. After banging on the window for approximately a minute the defendant woke up. The officer asked several questions and stated that the defendant was lethargic and slow to respond. Additionally, he stated that he observed bloodshot eyes. He subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived minutes later and observed slurred speech, an odor of alcohol, bloodshot eyes and extreme unsteadiness as he stood up. After performing the HGN (eye test), the defendant refused to perform any additional tests. The defendant was subsequently arrested for DUI. This was the defendant's second DUI arrest within a few months.

Parks & Braxton filed a motion based on a lack of reasonable suspicion to detain the defendant for the purpose of conducting a DUI investigation. During the motion, the defense impeached the credibility of the officer. Before the Judge issued her ruling, the State dropped the DUI.

The State dropped the DUI.

Nov 20, 2014 Case: 12-019040MM10A Judge Gottleib

The defendant was stopped for excessive speed. As the officer approached the vehicle he smelled a strong odor of alcohol. Upon reaching for his license and registration, the defendant appeared dazed and had slow reactions. The officer next observed bloodshot eyes. The defendant admitted to consuming alcohol at the American Legion. The defendant performed the HGN (eye test), rhomberg balance test as well as the finger to nose. He was asked to perform the walk and turn as well as one leg stand but the defendant stated he was overweight and could not perform them. Upon arrest the officers discovered marijuana as well as a pipe in the vehicle.

First, Parks & Braxton filed a motion to dismiss the charging document because it alleged that the defendant was under the influence of both marijuana and alcohol. The marijuana was fresh and as a result, there was no evidence that he was under the influence of it. Next, the defense presented a video that contradicted many of the officer's observations.

The State dropped the DUI.

Nov 19, 2014 Case: 2014-CT-019263AXXX Judge Johnson

The defendant was stopped for speeding and weaving. Once stopped by the police, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. Once out of the car, the defendant was off balance. On the video tape, the defendant showed several clues of impairment on the field sobriety tests. For example, on the walk and turn test, the defendant stepped off the line several times and raised his arms for balance. On the one leg stand, he put his foot down numerous times and counted improperly. He was then arrested for DUI. After his arrest, he blew a .134 and .129 in the breath machine.

Parks & Braxton spoke to the State on several occasions to try to get the DUI dropped prior to a trial.

The State dropped the DUI.

Nov 18, 2014 Case: A0Z0NP6 Judge Altfield

The defendant was found passed out in his car in a turning lane by police. Officers observed the defendant to have an odor of alcohol, watery eyes, and the defendant appeared very sleepy. According to the arresting officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he blew a .133 and .129 in the breath machine.

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

The State dropped the DUI.

Nov 18, 2014 Case: 12-010483MM10A (JURY TRIAL) Judge Brown

The defendant was involved in a collision on the highway. Upon arrival, the trooper observed that the defendant was unsteady while exiting the vehicle as well as while standing. Upon face to face contact, he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was cooperative and agreed to perform field sobriety tests. In his report, the Trooper indicated that the defendant failed all three roadside sobriety exercises. The defendant was arrested and subsequently provided a breath sample of .094.

After taking the arresting officer's deposition, Parks & Braxton announced ready for trial. During trial the State presented expert testimony to support their position that the defendant was above the legal limit while driving. The expert witness attempted to use a formula called retrograde extrapolation. On cross examination, Parks & Braxton presented the expert with a transcript from 2011 whereby she disagreed with the formula and the concept of retrograde extrapolation. Specifically, Parks & Braxton presented in front of the jury, prior testimony where the State's expert referred to the formula as "bad science". In addition, a Trooper took the stand. He attempted to talk about a bottle of alcohol that was supposedly found in the car but never written down in any report. The Trooper admitted in front of the jury that he changed his story several times. After two days of trial the State dropped the DUI.

The State dropped the DUI

Nov 12, 2014 Case: 2014-CT-021603-AXXX-XX Judge Baker

The defendant drove up along the side the officer's patrol car in his truck as that officer was conducting a traffic stop on his friend. The defendant was inquiring as to what was happening. When the officer went up to the defendant's truck, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had 2 beers, then 4 beers, then 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 pointed out to the State, that on video, none of the defendant's "normal faculties" were impaired as required by Florida law.

The State dropped the DUI.

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.

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