DUI Wins

Oct 16, 2014	Case: 2014-CT-066615	Judge Conrad
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Oct 8, 2014	Case: 2014-CT-016153AXXX	Judge Johnson
Facts:	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.
Defense:	Parks & Braxton had pre-trial discussions with the State.
Result:	The state dropped the DUI.

Sep 30, 2014	Case: 2014-CT-307448	Judge Davidson
Facts:	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.
Defense:	Parks & Braxton had pre-trial discussions with the State prior to trial.
Result:	The State dropped the DUI.

Sep 30, 2014	Case: 2014-MM-017577	Judge Koenig
Facts:	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.
Defense:	Parks & Braxton conducted pre-trial negotiations with the prosecutor before setting the case for trial.
Result:	The State dropped the DUI.

Sep 23, 2014	Case: 12-014922MM10A	Judge Gonzalez-Levine
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Sep 19, 2014	Case: 2014-CT-007003AXXX	Judge Hanser
Facts:	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.
Defense:	Parks & Braxton had several discussions with the prosecutor handling the case prior to trial.
Result:	The State dropped the DUI.

Sep 17, 2014	Case: 9704-XEQ	Judge Altfield
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Sep 16, 2014	Case: 14-CT-500194	Judge Hayward
Facts:	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.
Defense:	Parks & Braxton had pre-trial negotiations with the State just prior to the trial call.
Result:	The State dropped the DUI.

Sep 15, 2014	Case: 13-CT-504324	Judge Mann
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Sep 8, 2014	Case: 9981-XDY	Judge Seraphin
Facts:	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.
Defense:	Parks & Braxton had pre-trial negotiations with the Prosecutor's office to get the DUI dropped.
Result:	The State dropped the DUI.

Aug 22, 2014	Case: CTC13-05461MMAWS	Judge Wansboro
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 22, 2014	Case: 13-002614MM10A	Judge Pole
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 22, 2014	Case: 13-01062MM10A	Judge Brown
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 22, 2014	Case: 2013-CT-030420AMB	Judge Bonavita
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 22, 2014	Case: 2013-MM-017460ANB	Judge Hanser
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 15, 2014	Case: CRC13-03548CFAWS	Judge Webb
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 12, 2014	Case: CT-8325-XEP	Judge Conrad
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 11, 2014	Case: 2014-CT-012923AXXX	Judge Weiss
Facts:	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.
Defense:	Parks & Braxton negotiated with the State prior to any trial date being set.
Result:	The State dropped the DUI.

Aug 8, 2014	Case: 13-003432MM10A	Judge Gottlieb
Facts:	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.
Defense:	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.
Result:	The State dropped the DUI.

Aug 6, 2014	Case: 13-CT-505847	Judge Paluck
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and watery/bloodshot eyes. The defendant also kept repeating himself several times. He refused to to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The defendant was also charged with the crime of a second refusal to take a breath test as he had been arrested for DUI in the past and also refused the breath test.
Defense:	Parks & Braxton had numerous discussions with the State prior the trial date which was a week away. We pointed out that none of the defendant's "normal faculties" were impaired as required by Florida law for both the DUI and Refusal charges. The DUI and Refusal charges were both dismissed.
Result:	The DUI was dismissed.