DUI Wins

Aug 6, 2014	Case: CT-9856-XCL	Judge Myers
Facts:	The defendant crashed his car after driving up on a curb and then skidding into the middle of the road. Officers noticed the car had a broken axle and a flat tire. Officers noticed the defendant to have an odor of alcohol, lethargic movements, and slurred/slow speech. Prior to the roadside tests, the defendant appeared to be unsteady. According to the officers, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that on the video tape, the arresting officer was yelling at the defendant and interrupting him while he was trying to do the tests. It was also apparent on video tape, the defendant's car was being towed away while the defendant was still performing the roadside tasks. This showed that the officers made up their minds to arrest the defendant even before finishing the full DUI investigation.
Result:	The State dropped the DUI.

Aug 6, 2014	Case: 12-CT-2485-K	Judge Fowler
Facts:	The defendant was stopped for weaving and driving off the roadway. The officer noticed an odor of alcohol, glazed eyes, and slurred speech. The defendant stated he had a five vodka drinks. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .136 and .134 in the breath machine.
Defense:	Parks & Braxton had several pre-trial discussions over several months with the State. Prior to any trial date, the State Dropped the DUI.
Result:	The State dropped the DUI.

Aug 4, 2014	Case: CTC14-4525XDUTWS	Judge Roberts
Facts:	The defendant was found passed out by the police in his car in front of a convenience store. The car was running when police arrived just shortly after fire rescue had arrived on scene. The officers found the defendant in the driver's seat and observed him to have an odor of alcohol, red eyes, dilated pupils, and slurred speech. Once the defendant got out of the car, he stumbled, swayed, and had to use an object for support. The defendant admitted to drinking beer. He refused to perform the roadside tasks and was arrested for DUI.. After his arrest, he refused the breath test.
Defense:	Parks & Braxton had pretrial negotiations with the prosecutor to get the DUI Dropped. We pointed out that the officer never advised the defendant of any adverse consequences when he refused to perform the field sobriety tests as required by Florida case law.
Result:	The State dropped the DUI.

Aug 4, 2014	Case: 8252-XEQ	Judge Hague
Facts:	The defendant was seen by an officer coming out of a bar with keys in his hand. The officer observed the defendant to be stumbling and missing steps. As he got got closer to his motorcycle, the officer observed the defendant having trouble maintaining balance of the bike so the officer ordered the defendant to remove his motorcycle helmet. He then complied. The officer saw the defendant attempt to put the keys in the bikes ignition before the order to remove his helmet. The officer then observed the defendant to have an odor of alcohol, watery eyes, and confused, thick tongued speech. The defendant admitted to drinking beer. A DUI unit was called who made similar observations. According to that officer, the defendant failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that the officer's order that the defendant remove his bike helmet was a show of authority without sufficient facts to warranting reasonable suspicion of a crime. Also, on the morning of jury trial, we also pointed out to the State that based on the facts, the defendant was not legally in actual physical control of the motorcycle. On the morning of jury trial, the State Dropped the DUI prior to any motions being argued.
Result:	The State dropped the DUI.

Aug 4, 2014	Case: 2014-CT-010695-AXXX-XX	Judge Atkin
Facts:	The defendant was stopped after cutting off an officer on his police motorcycle. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he had drank a couple of drinks. The defendant was unsteady and stumbling as he walked. He refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Defense:	Parks & Braxton presented to the prosecutor the defendant's medical history that he had a major speech impediment which caused his speech to appear very slurred. We also showed them medical records that he also had severe balance and hearing issues. All of these injuries were sustained years ago while in the military.
Result:	The State dropped the DUI.

Jul 29, 2014	Case: 2014-CT-020719AXXXXX	Judge Friedland
Facts:	The defendant was found by police slumped over the wheel of his car on the shoulder of the road. The defendant's truck was running. EMS was called and the defendant refused any treatment. Officers noticed the defendant to have an odor of alcohol, slurred speech, red eyes, and a flushed face. Officers observed the defendant to be unsteady and he stumbled upon exiting the car. The defendant allegedly refused to perform the roadside tests and was arrested for DUI. After his arrest, he allegedly refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the officers on scene had a working video camera. The defendant was initially on video, however, when it came time to begin a DUI investigation, they took the defendant off camera so he could not be seen or heard refusing any field sobriety or breath tests, nor anything else for that matter. Also, when the defendant was seen on video tape, he was not off balance and his speech appeared fine. Thus, the video tape contradicted the written police reports.
Result:	The State dropped the DUI.

Jul 29, 2014	Case: CT-8604-XEP	Judge Conrad
Facts:	The defendant was stopped for speeding and continuously weaving. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the alleged driving pattern, was captured on video tape.
Defense:	Parks & Braxton pointed out to the State that the police reports contradicted the video tape. For example, the defendant had no slurred speech and was not continuously weaving on video as the officer stated.. Also the defendant never stepped off the line on the walk and turn test even though the officer told him on tape that he did. Furthermore, the officer even asked the defendant for a breath test as soon as the defendant exited his vehicle, before he was even told what was going on or had been arrested.
Result:	The State dropped the DUI.

Jul 28, 2014	Case: 2014-CT-003983-O	Judge Bell
Facts:	The defendant was stopped for driving at a high rate of speed and cutting off another car. The officer observed the defendant to have an odor of alcohol, droopy eye lids, and slurred speech. According to the officer, he failed the video taped roadside tests which consisted of the HGN (eye test) , walk and turn, and one leg stand tests. The defendant was arrested for DUI. After his arrest, he blew a .113 and .102 in the breath machine. This was the defendant's Second DUI arrest.
Defense:	Parks & Braxton had pretrial negotiations with the State the week before the trial date. The Judge had already excluded from evidence any evidence of the defendant's breath test results. We pointed out to the prosecutor that the video contradicted the written reports regarding the defendant's performance on the field sobriety tests. The defendant even walked backwards instead of forward on the walk and turn on the back nine steps and kept his balance.
Result:	The State dropped the DUI.

Jul 10, 2014	Case: 3874-XEX	Judge Wolfson
Facts:	The defendant was stopped for weaving. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking three glasses of wine. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton negotiated with the State to get the DUI dropped prior to a trial date.
Result:	The State dropped the DUI.

Jul 10, 2014	Case: 7199-XEM	Judge Wolfson
Facts:	The defendant was found by the police passed out in his car, with the engine running, and his foot on the brake. Once the officers awoke the defendant, they observed an odor of alcohol, slurred speech, and watery eyes. The defendant was unable to perform any roadside tests due to safety concerns as he had major problems even standing on his own. The defendant admitted to drinking five Coronas. After his arrest, he blew a .156 and .141 in the breath machine.
Defense:	Parks & Braxton had several pretrial discussion with the prosecutor.
Result:	The State dropped the DUI.

Jul 2, 2014	Case: 1093-XEV	Judge Ortiz
Facts:	The defendant was the at fault driver in a rear-end crash while he was driving at a high rate of speed. When officers arrived, the defendant had an odor of alcohol on his breath, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn test, he stepped off the line numerous times, took an incorrect number of steps, and failed to touch heel to toe. On the estimation of time test, the defendant was asked to estimate 30 seconds in his own mind. He estimated 8 seconds for 30 seconds. On the finger to nose, he missed the tip of nose every time and kept his eyes open. On the one leg stand, he put his foot down four times, hopped, and used his arms for balance. He was then arrested for DUI and subsequently refused the breath test.
Defense:	After over a year of negotiating with State, Parks & Braxton was able to negotiate with the prosecutor to drop the DUI before trial.
Result:	The State dropped the DUI.

Jun 30, 2014	Case: 2014-CT-008260AXXX	Judge Weiss
Facts:	The defendant was found passed out in her car by police at a red light. Officers observed the defendant to have an odor of alcohol, blood-shot eyes, and balance issues. She refused to do any roadside tests on video tape and was arrested for DUI. After her arrest, she blew a .191 and .179 in the breath machine.
Defense:	Parks & Braxton had pre-trial discussions with the State to get the DUI dropped prior to a trial.
Result:	The State dropped the DUI.

Jun 30, 2014	Case: CT-7208-XEP	Judge Greco
Facts:	The defendant was stopped for spinning his tires and making a wide turn into the oncoming traffic lane. The officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to having some drinks. According to the officer, he failed the video taped field sobriety exercises which consisted of the walk and turn, one leg stand, finger to nose, and count the numbers backward tests. He was then arrested for DUI. After his arrest, he blew a a .144 and .132 in the breath machine.
Defense:	Parks & Braxton conducted negotiations with the State prosecutor prior to trial. We pointed out out that the defendant's performance on the video taped roadside tests contradicted his alleged breath alcohol level.
Result:	The State dropped the DUI.

Jun 30, 2014	Case: 2014-CT-005888AXXX	Judge Weiss
Facts:	The defendant was stopped for driving with no head lights. The defendant had an odor of alcohol on her breath, glassy eyes, a flushed face, and admitted to consuming two glasses of wine. According to the officer, she did not perform up to standards on the video taped roadside tests. For example, on the one leg stand she put her foot down a few times and and used her arms for balance. On the walk and turn test, she stumbled on the turn, did not touch heel to toe, and used her arms for balance. She was then arrested for DUI. After her arrest, she blew a .086 and .083 in the breath machine.
Defense:	Parks & Braxton spoke with the prosecutor ahead of any trial dates in order to attempt to negotiate them dropping the DUI.
Result:	The State dropped the DUI.

Jun 26, 2014	Case: 2013-CM-020146	Judge Jeske
Facts:	The defendant was found passed out in the driver's seat of his car at a red light with the engine running. Several other cars were honking their horns. When the police arrived, they got the defendant out of the car on video tape and placed him in hand cuffs. Once he was eventually uncuffed, the police observed the defendant to have an odor of alcohol on this breath, red eyes, and slow movements. He also had trouble keeping his balance. He was then moved to a different location to perform field sobriety tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. During a search of the defendant's vehicle after the arrest, the police found some marijuana and paraphernalia.
Defense:	Prior to a trial, Parks & Braxton had discussions with the State about the video tape and all the various police reports written by the different officers on the scene. We pointed out that not only was each police report contradictory in nature about the facts, but the video was also contradicted by what had been written. The State Dropped the DUI and the defendant also received No convictions on his record for any drug charges.
Result:	The State dropped the DUI.

Jun 16, 2014	Case: 2014-CT-009036AXXX	Judge Weiss
Facts:	The defendant was found passed out in the driver's seat in his car at an intersection. Officers, upon awaking the defendant, noticed an odor of alcohol and red eyes. The defendant stated he had been drinking earlier at a golf event. He failed the roadside tests which were video taped and then was arrested for DUI. After his arrest, he blew a .114 and .109 in the breath machine.
Defense:	Parks & Braxton had discussions with the State prior to trial to get the DUI dropped.
Result:	The State dropped the DUI.

Jun 12, 2014	Case: 14-CT-500140	Judge Gagliardi
Facts:	An anonymous caller called 911 stating that the defendant was driving all over the road and almost hitting cars. The officer spotted he defendant's car and noticed her take a wide / slow turn and over correct to get back on the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had blood-shot eyes and appeared sleepy. The defendant admitted to having four glasses of wine. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .180 in the breath machine.
Defense:	Parks & Braxton had pretrial negotiations with the State prior to trial.
Result:	The State dropped the DUI.

May 30, 2014	Case: 2014-CT-015857AXXX	Judge Hanser
Facts:	The defendant crashed his car into a giant palm tree. He took a turn too fast which resulted in the the defendant losing control of the car. When the officer arrived, he noticed the defendant bleeding from his head, complaining of leg pain, and fire rescue had to extract him from the car. The officer observed slurred speech and the defendant could not complete a coherent sentence. The defendant was transported to the hospital. The officer, believing that the defendant may be impaired by alcohol and/or a chemical or controlled substance, ordered a blood draw from the defendant while the he had a breathing tube in his mouth and was sedated. The blood was sent to the toxicology lab and resulted in a blood alcohol level of .129 and .129.
Defense:	Parks & Braxton filed a pretrial motion to suppress the blood results. In our motion, we alleged that the officer did not have the requisite probable cause to order a blood draw. We argued in our motion that the officer did not have any "reasonable cause" to believe that the defendant was under the influence of alcohol, and/or a chemical or controlled substance as required by Florida law. Prior to the motion ever being argued, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 19, 2014	Case: 13-006127MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped by the police after weaving several times and causing a taxi to brake in order to avoid a collision. The officer noticed an odor of alcohol, blood-shot eyes, and a flushed face. Once outside the car, the defendant was swaying. The defendant stated he was coming from the Blue Martini and could not remember how much he had to drink. According to the officer, he failed the roadside tests. For example, on the walk and turn test, the defendant took an incorrect number of steps, did not touch heel to toe, and was confused prior to turning back down the line. On the finger to nose, he missed the tip of his nose with his finger and did not keep his head back as instructed. He was then arrested for DUI. After the defendant was arrested, he refused the breath test. However, the defendant was later taken to the hospital and submitted to a blood test. The blood tested positive at a .18 blood alcohol level.
Defense:	Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was a lack of probable cause to make the arrest. Prior to the motion, the State dropped the DUI.
Result:	The State dropped the DUI.

May 15, 2014	Case: 12-004534MM10A	Judge Diaz
Facts:	The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI.
Defense:	Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI.
Result:	The State dropped the DUI.