DUI Wins

Mar 22, 2013	Case: 7132-XEX	Judge Ortiz
Facts:	The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 22, 2013	Case: 7132-XEX	Judge Ortiz
Facts:	The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 18, 2013	Case: 2011-MM-004869A	Judge Woodard
Facts:	The defendant was stopped for speeding and making unusual u-turns. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The officer also observed a wrist band from a bar on the defendant's wrist. The defendant admitted to having three drinks at a bar. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .166 and a .156 in the breath machine.
Defense:	Parks & Braxton filed a pre-trial motion to exclude the breath test results which the Judge granted and excluded the breath results. In our motion, we alleged that the State failed to disclose certain documentation about the breath machine in question. The firm then announced ready for jury trial.
Result:	On the morning of jury selection, the State Dropped the DUI.

Mar 18, 2013	Case: 9988-XEQ	Judge Krieger-Martin
Facts:	The defendant was the at fault driver in a traffic crash. He backed into another car in a parking garage. Officers noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed while standing and fumbled with his items. After officers performed the eyes test (HGN) on him, he started cursing at them and then refused to do the rest of the field sobriety tests. He was arrested for DUI and after his arrest he refused the breath test.
Defense:	On the morning of jury trial, Parks & Braxton announced ready for trial. The State could not place the defendant in actual physical control of the motor vehicle.
Result:	The State dropped the DUI.

Mar 18, 2013	Case: 2011-MM-004869A	Judge Woodard
Facts:	The defendant was stopped for speeding and making unusual u-turns. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The officer also observed a wrist band from a bar on the defendant's wrist. The defendant admitted to having three drinks at a bar. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .166 and a .156 in the breath machine.
Defense:	Parks & Braxton filed a pre-trial motion to exclude the breath test results which the Judge granted and excluded the breath results. In our motion, we alleged that the State failed to disclose certain documentation about the breath machine in question. The firm then announced ready for jury trial.
Result:	On the morning of jury selection, the State Dropped the DUI.

Mar 18, 2013	Case: 9988-XEQ	Judge Krieger-Martin
Facts:	The defendant was the at fault driver in a traffic crash. He backed into another car in a parking garage. Officers noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed while standing and fumbled with his items. After officers performed the eyes test (HGN) on him, he started cursing at them and then refused to do the rest of the field sobriety tests. He was arrested for DUI and after his arrest he refused the breath test.
Defense:	On the morning of jury trial, Parks & Braxton announced ready for trial. The State could not place the defendant in actual physical control of the motor vehicle.
Result:	The State dropped the DUI.

Mar 14, 2013	Case: 2012-MM-001882-A	Judge Woodard
Facts:	The defendant was found by police illegally parked and passed out. He was slumped over the wheel. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. He stumbled getting out of the car and almost fell over. The defendant performed very poorly on the roadside tests which were video taped and he was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, officers felt he was actually impaired by controlled substances and requested a urine test. His lab results came back positive for three separate controlled substances from the toxicology lab.
Defense:	Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that there was no legal justification under Florida statutes for the police to request a urine test from the defendant.
Result:	The State dropped the DUI.

Mar 14, 2013	Case: 2012-CT-001618-A-A	Judge Craner
Facts:	The defendant was the at fault driver in a traffic crash whereby he failed to yield. He actually hit a retired police officer. Officers on scene observed the defendant to have an odor of alcohol, watery eyes, slurred speech, and he appeared disoriented. The defendant admitted to drinking beer prior to the crash. The defendant was then taken to the hospital for evaluation. Subsequently, he was arrested for DUI and then refused to give a breath test. This was the defendant's Second DUI within a five year period.
Defense:	Parks & Braxton provided evidence to the State that the defendant was not impaired by alcohol but rather suffered major head injuries. The firm provided pictures of the defendant's head injuries.
Result:	The State dropped the DUI.

Mar 14, 2013	Case: 2012-MM-001882-A	Judge Woodard
Facts:	The defendant was found by police illegally parked and passed out. He was slumped over the wheel. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. He stumbled getting out of the car and almost fell over. The defendant performed very poorly on the roadside tests which were video taped and he was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, officers felt he was actually impaired by controlled substances and requested a urine test. His lab results came back positive for three separate controlled substances from the toxicology lab.
Defense:	Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that there was no legal justification under Florida statutes for the police to request a urine test from the defendant.
Result:	The State dropped the DUI.

Mar 14, 2013	Case: 2012-CT-001618-A-A	Judge Craner
Facts:	The defendant was the at fault driver in a traffic crash whereby he failed to yield. He actually hit a retired police officer. Officers on scene observed the defendant to have an odor of alcohol, watery eyes, slurred speech, and he appeared disoriented. The defendant admitted to drinking beer prior to the crash. The defendant was then taken to the hospital for evaluation. Subsequently, he was arrested for DUI and then refused to give a breath test. This was the defendant's Second DUI within a five year period.
Defense:	Parks & Braxton provided evidence to the State that the defendant was not impaired by alcohol but rather suffered major head injuries. The firm provided pictures of the defendant's head injuries.
Result:	The State dropped the DUI.

Mar 11, 2013	Case: 2011-CT-010919-A-O	Judge Bell
Facts:	The defendant was stopped for weaving several times. The officer noticed an odor of alcohol, bloodshot-eyes, and mumbled speech. The defendant also admitted to drinking champagne. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .140 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that the video tape of the defendant at the station contradicted the officer's observations of her at the scene. The firm also pointed out to the State that there was also radio frequency interference (RFI) detected just prior her blowing into the breath machine.
Result:	The State dropped the DUI.

Mar 11, 2013	Case: 2011-CT-010919-A-O	Judge Bell
Facts:	The defendant was stopped for weaving several times. The officer noticed an odor of alcohol, bloodshot-eyes, and mumbled speech. The defendant also admitted to drinking champagne. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .140 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that the video tape of the defendant at the station contradicted the officer's observations of her at the scene. The firm also pointed out to the State that there was also radio frequency interference (RFI) detected just prior her blowing into the breath machine.
Result:	The State dropped the DUI.

Mar 7, 2013	Case: 9440-XEQ	Judge Newman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. He used the car for support upon exiting. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .146 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 7, 2013	Case: 9440-XEQ	Judge Newman
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. He used the car for support upon exiting. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .146 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 5, 2013	Case: 9395-XEQ	Judge Altfield
Facts:	The defendant was stopped at a roadblock checkpoint. Officers observed an odor of alcohol, a flushed face, mumbled speech, and blood-shot eyes. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the written roadblock guidelines failed to comply with Florida case law which sets out specific items that must be included in the documents. Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 5, 2013	Case: 10-004104MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking whiskey. The defendant also appeared unstable while standing. 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 pointed out to the State that the video tape of the defendant contradicted the officer's reports and we announced ready for jury trial.
Result:	The State dropped the DUI.

Mar 5, 2013	Case: 9395-XEQ	Judge Altfield
Facts:	The defendant was stopped at a roadblock checkpoint. Officers observed an odor of alcohol, a flushed face, mumbled speech, and blood-shot eyes. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the written roadblock guidelines failed to comply with Florida case law which sets out specific items that must be included in the documents. Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Mar 5, 2013	Case: 10-004104MM10A	Judge Lerner-Wren
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking whiskey. The defendant also appeared unstable while standing. 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 pointed out to the State that the video tape of the defendant contradicted the officer's reports and we announced ready for jury trial.
Result:	The State dropped the DUI.

Mar 1, 2013	Case: 5807-XEM	Judge Hague
Facts:	The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery eyes, and slow movements. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .103 and .102 in the breath machine.
Result:	The State Dropped the DUI.

Mar 1, 2013	Case: 8287-XEX	Judge Ortiz
Facts:	The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking two beers. He failed the field sobriety tests according to the officer and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.