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DUI Wins

Our Recent Victories

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.

Dec 13, 2013 Case: 2012-CT-005439 Judge Obrien

The defendant was stopped for driving on a flat tire and a rim. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he swayed while standing. He was also staggering. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .203 and .203 in the breath machine.

Parks & Braxton pointed out to the State that the lead officer was being investigated for very serious disciplinary allegations. Based on the findings and what was known to the State about the officer, they could not proceed in good faith.

The DUI was dismissed.

Dec 11, 2013 Case: 7102-XEP Judge Lefler

The defendant was stopped for allegedly weaving inside her lane and bumping into a curb one time. The officer observed the defendant to have an odor of alcohol and glassy eyes. She then performed the roadside tests. According to the officer, she failed them all. The defendant also admitted to consuming 4 to 5 beers and also feeling the effects of the alcohol. She was arrested for DUI. After her arrest, she blew a .131 and .140 in the breath machine. The entire incident, including the driving pattern, 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 that any traffic infraction was committed. Furthermore, we alleged that there was also no reasonable suspicion to believe that the defendant was an impaired driver based on the video tape. The Judge watched the video tape of the driving pattern, heard testimony, and listened to some case law being cited. The Judge then determined that the stop was unlawful and Granted the motion.

The DUI was dismissed.

Dec 6, 2013 Case: 13-7894-XBPWS-15 Judge Wansboro

The defendant was stopped for illegally driving through a construction area. The officer noticed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and and was arrested for DUI. After her arrest, she blew a .08 in the breath machine.

Parks & Braxton first pointed out to the State that the solutions used during the control tests on the defendant's breath card read higher than her actual breath test results. Thus, we argued it could have easily made her test results appear falsely higher than the legal limit of .08. We also pointed out that on video tape, although the defendant totally messed up the alphabet test, she kept telling the officer that English was not her first language. However, he still had the hand cuffs out in his hand even before she finished.

The State dropped the DUI.

Dec 6, 2013 Case: 6972-XEX Judge Ortiz

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

Parks & Braxton was ready for trial.

The State dropped the DUI.

Dec 5, 2013 Case: 2013-CT-006492AXXX Judge Drake

The defendant was involved in a one car crash whereby she ended up on a median. The officer observed her to have an odor of alcohol, unsteadiness, stagger at times, and slurred speech. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. The whole incident was captured on video tape.

Parks & Braxton filed pre-trial a motion to suppress all of the defendant's statements to police on video tape which were obtained in violation of her Miranda rights. We also filed a motion to exclude her refusal to perform the field sobriety exercises as she was never advised of any adverse consequences by the officer as required by Florida law.

The State dropped the DUI.

Dec 5, 2013 Case: 2013-CM-007527 Judge Conrad

The defendant was stopped for having no tag light and making an improper turn. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. Fresh vomit was also seen running down the driver's side door. The defendant refused to perform 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 although there was a working police video camera at the scene , the entire DUI investigation was not taped. There was never any reason provided by the police as to why the investigation was not taped.

The State dropped the DUI.

Dec 3, 2013 Case: 48-2013-CT-008205--A-O Judge Ansbro

The defendant was stopped for not having an operable tag light, failing to stop at a flashing red signal, and making a wide right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant refused to perform any 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 announced ready for trial.

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

Nov 20, 2013 Case: CT-2481-XBP Judge Dominguez

The defendant was the at fault driver in a high speed crash. When the officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The officers also noticed that the defendant was lethargic in his movements and was swaying. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The entire investigation was captured on video tape.

Parks & Braxton pointed out to the State that the officers' observations alleged in their reports were contradicted by the video tape. For example, the defendant was not swaying on tape and his speech was clear.

The State dropped the DUI.

Nov 14, 2013 Case: 12-019107MM10A Judge Murphy

A civilian witness observed the defendant driving recklessly. At one point she stated that the defendant almost crashed into another vehicle. She called 911 and provided a description of the car, the driving pattern as well as all of her personal information. Two officers located the defendant and observed her fail to maintain a single lane one time. The officers subsequently pulled the defendant over. The two officers noticed several signs of impairment and called for a DUI task force officer to conduct the investigation. The DUI officer observed a strong odor of alcohol, a flushed face as well as slurred speech. In addition, the defendant was unsteady on her feet. She kept ranting on video about how she knew the sheriff. She conducted the HGN (eye test), walk and turn and the one leg stand. She performed poorly on all tests and was arrested for DUI. All testing was performed on video. At the breath alcohol testing facility she blew a .218 and .204 in the breath machine.

Parks & Braxton filed a motion to suppress based on an unlawful seizure. At the motion to suppress, the civilian witness testified in detail concerning the severity of the driving pattern. The witness talked about the near collision as well as the weaving all over the road. Next, one of the stopping officers testified. He stated that while dispatch told him to look out for a reckless driver, they did not describe the driving pattern to the officer with any specificity. In addition, he admitted that since he was not the lead officer, he did not see the defendant fail to maintain a single lane. The motion was granted and all of the evidence was thrown out.

The DUI was dismissed.

Nov 12, 2013 Case: CT-7153-XEP Judge Conrad

The defendant was stopped after officers saw her back over a curb into a tree in a parking lot. They then observed the defendant to have an odor of alcohol and blood-shot eyes. According to the officer, she performed poorly on the video taped roadside tests. She was then arrested for DUI. After her arrest, she blew a .142 and a .148 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Nov 12, 2013 Case: 13-CT-505089 Judge Hayes

The defendant was seen by the police making numerous traffic turns. The defendant then stopped his car in a driveway and sat there. The officer then activated his his overhead lights for some reason and the defendant exited his car and walked towards the officer. The officer then noticed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew .198 and .192 in the breath machine.

Parks & Braxton pointed out the State that the defendant did not commit any traffic infractions and there was no reasonable suspicion of a crime. By the officer turning on his overhead lights, the officer turned the initial encounter into an unlawful seizure.

The DUI was dismissed.

Nov 7, 2013 Case: 2013-CT-021052AXXX Judge Sheperd

He also swayed wile outside the car. The defendant refused to perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Nov 5, 2013 Case: 3873-XEX (JURY TRIAL) Judge Newman

The defendant was found passed out in the driver's seat of his car by police in a parking lot at around 3 a.m.. The keys were in the ignition, the engine was on, and so were the lights to the car. After about thirty seconds to a minute, the officer finally opened the door to awake the defendant after banging on the window numerous times and shaking the car. The officer then noticed the defendant to have an odor of alcohol. slurred speech, and blood-shot eyes. EMS was also called to check on the defendant's well being. After being cleared by EMS, a DUI officer was called to the scene to conduct roadside tests. The defendant performed the eye test (HGN) and the walk and turn. For example, on the walk and turn, the officer stated he stepped off the line five times, raised his arms for balance, and lost his balance during the instructions. Officers also stated that the defendant was unsteady on his feet and staggered while walking around. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI within a five year period.

At Jury Trial, Parks and Braxton argued that the State could not prove the defendant had the "capability" of operating a motor vehicle while sleeping. Thus, we argued he could not have been in actual physical control of the car. Also, we were able to impeach every officer as each one of them did not write several important details or specifics pertaining to the DUI investigation in their reports.

The Jury found the defendant NOT GUILTY.

Nov 4, 2013 Case: CT-1956-XBO Judge Lefler

The defendant was on the side of the road with a road ranger. It was unknown if the defendant's vehicle was broken down or even why the road ranger was on scene. No statement was taken from the road ranger by the police at anytime. When the officer arrived, he came in contact with the defendant who had an odor of alcohol on his breath, watery eyes, and mumbled 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 pointed out to the State that the circumstances surrounding the initial encounter with road ranger and police were unknown due a very vague police report. Thus, there may have been an initial unlawful seizure of the defendant by police.

The State dropped the DUI.

Nov 4, 2013 Case: 2013-CT-020370AXXX Judge Weiss

The defendant came into contact with the police after a call went out that he was an alleged intoxicated driver. Officers located the defendant's defendant's car in a parking lot. The defendant was inside the car with the keys on the floor board. Once he was asked to step out of the car, they observed him to have an odor alcohol and he admitted to drinking beers. According to the officers, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .117 and .110 in the breath machine.

Parks & Braxton pointed out to the State that the initial encounter may have been illegal as the tip was anonymous. Also, we discussed with the State that the defendant could not have been in actual physical control of the car as the keys were on the floor board.

The State dropped the DUI.

Nov 4, 2013 Case: 2012-CT-010567-A000-LD Judge Kirkland

The defendant was stopped for making an improper turn in a construction area. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having five beers. No physical field sobriety tests such as the walk and turn or one leg stand were conducted due to the defendant's severe knee injuries. However, he did perform the finger to nose and balance exercise. According the the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the the State prior to trial that the defendant's legs were so mangled and badly injured that he could not even stand properly. Thus, he could even perform any roadside tests.

The State dropped the DUI.

Oct 30, 2013 Case: CTC-13-7144XFE-ANC Judge Bedinghaus

The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and he fumbled with his items. He also appeared slow and lethargic. The defendant refused to perform the roadside tests and was arrested for DUI. The officer later found a beer can which was cold to the touch in the defendant's car. After his arrest, he refused the breath test.

Parks & Braxton announced ready for trial.

The State dropped the DUI.

Oct 29, 2013 Case: 11-018737MM10A Judge Robinson

The defendant was stopped while inadvertently driving through a federal security checkpoint. After observing an odor of alcohol, bloodshot eyes, flushed face and sluggish movements, the checkpoint officer called for a DUI task force deputy to conduct an investigation. On video, the defendant was moving and talking slowly. He subsequently performed several field sobriety tests including the walk and turn, one leg stand, and the HGN (eye test). The defendant was arrested for DUI. This was the defendant's second DUI offense.

Prior to trial, Parks & Braxton met with the Supervising Prosecutor in an effort to discuss the weaknesses of the State's case. For example, despite the defendant's slow movements, he was able to perform a portion of the field sobriety tests correctly. In addition, it was explained to the State that the deputy was unable to testify whether this was how the defendant spoke and moved on a normal every day basis.

The State dropped the DUI.

Oct 29, 2013 Case: 10-15280MM10A Judge Gottlieb

The defendant was stopped by Florida Highway Patrol for weaving all over the roadway. The Trooper observed a strong odor of alcohol and bloodshot eyes. Upon exiting the car the Trooper stated that the defendant was unsteady on her feet. Four field sobriety tests were performed and the defendant was arrested for DUI. At the police station, the defendant re-performed sobriety tests on video and blew a .120 in the breathalyzer.

The video was inconsistent with the report that was generated by the Trooper. In addition, there was no evidence that the defendant was over the legal limit at the time she was driving. Parks & Braxton announced ready for trial. On the morning of trial, the State dropped the DUI.

The State dropped the DUI.

Oct 21, 2013 Case: 2013-CT-018058AXXX Judge Weiss

The defendant was stopped for driving east bound in the west bound lane of traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on the roadside tests. For example, he could not even say the alphabet correctly. He was then arrested for DUI. After his arrest, he blew a .184 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Oct 21, 2013 Case: 10-7492MM10A Judge Murphy

The officer responded to a McDonalds parking lot in reference to an altercation involving a gun. Upon arrival, a civilian witness pointed out the defendant, while yelling "Those are the guys. Stop them". The officer directed the defendant into a parking spot and walked up to the drivers side door. The officer noticed a strong odor of alcohol, bloodshot watery eyes, a flushed face and slurred speech. Once outside of the vehicle, the defendant appeared to be extremely unsteady on his feet. On video, the defendant admitted to drinking multiple pitchers. A conversation took place whereby the defendant explained that he stopped at the McDonalds because he had too much to drink. He performed a series of field sobriety tests and was subsequently arrested for DUI. At the police station the defendant blew a .097 in the breathalyzer.

Parks & Braxton filed a motion to suppress based on an unlawful detention. Specifically, the firm argued that the officer had no right to direct our client into a parking spot and detain him. At the motion to suppress, the officers mentioned the civilian and the gun several times. In fact, they testified that they observed the firearm. However, at the very moment when they directed him into the parking spot they lacked the reasonable suspicion necessary for the detention. The motion was granted and all of the evidence including the video and breath test were excluded from evidence.

The DUI was dismissed.

Oct 17, 2013 Case: CTC-137753XELASP Judge Dittmer

The defendant was stopped for driving the wrong way down a one way ramp. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having two beers at a baseball game. Upon standing outside the car, the officer observed the defendant to be unsteady and staggering. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton pointed out to the State that the video tape recorded at the scene contradicted the officer's reports as to his alleged observations of the defendant.

The State dropped the DUI.

Oct 16, 2013 Case: 2013-CT-006115-AXXX-MA Judge Mitchell

The defendant was stopped for driving without his lights. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, slurred speech, and he appeared sleepy. The defendant admitted to having three glasses of wine. The defendant performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .117 and .111 in the breath machine.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Oct 10, 2013 Case: 13-CT-502737 Judge Hayward

The defendant was stopped for driving off the road four times. The officer noticed the defendant to have an odor of alcohol and slurred speech. He also found two beer cans in the car and one was cold to the touch. The defendant was also unsteady and leaned on the vehicle for support. He refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress to the defendant's refusal to submit to field sobriety tests. In our motion, we alleged that the defendant was never advised of any adverse consequences for refusing the roadside tests pursuant to Florida Law.

The State dropped the DUI.

Oct 7, 2013 Case: 8672-XEX (JURY TRIAL) Judge Wolfson

The defendant was stopped for not stopping at a red light while making a right turn. The officer who made the traffic stop observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. He also saw the defendant stumble outside the car. He then called for another officer to conduct the DUI investigation. That officer made similar observations and also saw the defendant lean on the truck for balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. It should be noted that the firm has won two prior DUI cases with the same defendant and also attained a not guilty verdict in one of the cases.

Parks & Braxton took pre-trial depositions of the two officers and pinned them down on many answers to which they could not give any specific information. Also, we got sworn testimony from them that although one cop saw the defendant leaning on a truck for balance the entire time, the other officer never did. The firm picked a jury, the jury was sworn, and then double jeopardy attached. The defense then pointed out to the State that based on the deposition testimony and pre-trial motion testimony from one of the officers, they could never prove this case beyond a reasonable doubt.

The DUI was dismissed.

Oct 7, 2013 Case: CT-6436-XEP Judge Jeske

The defendant was first scene by a police officer as her car was stuck on the rail road tracks. The officer noticed the defendant to have an odor of alcohol and watery eyes. He told her to stand off to the side and he would call a wrecker to tow the car. The defendant then ran over to her car and started to try to drive it off the tracks. For safety reasons, the officer ordered her to stop and get out. A DUI unit was then called and he made similar observations along with slurred speech and she appeared confused. She refused to perform the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Oct 3, 2013 Case: 3050-WCN Judge Newman

The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred speech, and red eyes. The defendant admitted to drinking three cans of beer. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, the defendant tested positive for alcohol on the breath machine, however, the officer actually believed she was impaired by either 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 caused the defendant to be impaired as required by the Florida Statutes.

The State dropped the DUI.

Oct 2, 2013 Case: 2012-CT-020575AXXX (JURY TRIAL) Judge Castor

The defendant was in a 70 mile per hour crash on the Florida Turnpike where it was determined by the police that she sideswiped another car causing both cars to hit the center concrete barrier. The defendant's hood ended up in her windshield and her air bag deployed. The person in the other car was taken to the hospital and his car was destroyed. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred/mumbled speech, and blood-shot eyes. The officer observed her to be very off balance, staggering and leaning against cars for balance. She also exhibited various mood swings. According to the officer, she failed the roadside tests. For example, on the walk and turn test, she took the wrong number of steps, used her arms for balance, and had to stop to steady herself. During the one leg stand test, after only two seconds, the defendant stopped and stated "she could not do it." She was then arrested for DUI. After her arrest, she refused the breath test on video tape and was very argumentative with the police. The defendant was also taken to the hospital at fire rescue's request before being taken to jail. This was the defendant's Second DUI arrest. On her first DUI, the firm also represented her and gained a not guilty verdict at a jury trial less than five years ago.

At Jury Trial, Parks & Braxton got the arresting officer to admit that any signs of impairment he observed could have been equally related to a very bad crash and an airbag hitting the defendant versus alcohol impairment. Thus, we argued there was reasonable doubt as to whether the State proved she was impaired by alcohol under the law versus impairment by being injured. We also argued among other things that the investigating officer had a working video camera in his patrol car but chose not to video tape the defendant. Instead, he had the defendant perform physical roadside tests in a chaotic crash scene after she had just been hit with an air bag. The firm also pointed out that the officer took no pictures, did not get any witness statements from all the EMS people at the scene, and did not talk to anyone at the hospital where the defendant was treated. The defendant also stated to the police that she was the one cut off and not the cause of the crash. That was not written in any reports. In sum, the firm argued there was a lack of evidence, conflicts in the evidence, a very poor investigation by the police, and the alleged impairment was caused by the crash.

The Jury found the defendant NOT GUILTY.

Oct 1, 2013 Case: CT-6699-XEP Judge Conrad

The defendant was stopped for weaving. He had an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking beer and also swayed while outside the car. According to the arresting officer, he did not perform up to standards on the field sobriety exercises which were video taped. He was subsequently arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI arrest.

Parks & Braxton were ready for trial.

The State dropped the DUI.

Sep 30, 2013 Case: 4548-XEV Judge Ortiz

The defendant was stopped for failing to stop at a steady red light. The defendant did not stop promptly upon the officer flashing the overhead police lights and air horn several times. Upon coming into contact with the defendant, the officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI arrest.

Parks & Braxton pointed out to the State that both officers on the scene had working video cameras in their patrol cars. However, they both failed to video tape everything at the scene other than the driving pattern. The officers had no reasonable explanation for failing to video tape the whole DUI investigation.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The DUI was dismissed.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and blood-shot eyes. A bottle of Vodka was also found in the car. The defendant initially refused to perform the field sobriety tasks at the request of the officer. After a brief conversation with the officer, he then decided to do them. According to the officer, he failed them all and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misstated the law and coerced the defendant into performing the tasks. The State conceded the motion after reading all the case law provided by the defense.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

Sep 3, 2013 Case: 9646-XEX Judge Seraphin

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

The defendant crashed into a guard rail. Once officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had a bar stamp on his hand. He was also unsteady and swaying. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.

Parks & Braxton were ready for trial. We pointed out to the State that although there was an in car video tape, the officer did not place the defendant in front of the camera while he performed the tests. Thus, one could hardly see almost all of the defendant's performance even though the camera was running.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

Aug 15, 2013 Case: 1568-XEU Judge Denaro

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

Aug 14, 2013 Case: A0FPTWE Judge McNeil

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

Parks & Braxton announced ready for trial.

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

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The DUI was dismissed.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The DUI was dismissed.

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

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

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

The DUI was dismissed.

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

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

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

The DUI was dismissed.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The DUI was dismissed.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

Jun 20, 2013 Case: 6042-XEM Judge Newman

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The State dropped the DUI.

Jun 17, 2013 Case: 6650-XEM Judge Ortiz

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

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

The DUI was dismissed.

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

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

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

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

Parks & Braxton were prepared for trial.

The State dropped the DUI.

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

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

Parks & Braxton prepared for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready and prepared for trial.

The State dropped the DUI.

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

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

Parks & Braxton were ready for trial.

The State dropped the DUI.

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

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

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

The DUI was dismissed.

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