DUI Wins

Jan 31, 2013	Case: 2012-CT-026065AXXX	Judge Hanser
Facts:	The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test.
Result:	The State Dropped the DUI.

Jan 31, 2013	Case: 2012-CT-026065AXXX	Judge Hanser
Facts:	The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test.
Defense:	Parks & Braxton pointed out the State that the driving pattern on captured on video and the defendant's speech pattern caught on tape contradicted the arresting officer's reports.
Result:	The State Dropped the DUI.

Jan 31, 2013	Case: 2012-CT-026065AXXX	Judge Hanser
Facts:	The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test.
Result:	The State Dropped the DUI.

Jan 31, 2013	Case: 2012-CT-026065AXXX	Judge Hanser
Facts:	The defendant was stopped weaving all over the road. The officer observed the defendant to have an odor of alcohol, slightly slurred speech, and blood-shot/glassy eyes. The defendant fumbled through his paper work looking for his documents and then admitted to drinking two beers. He refused to perform the roadside tests and was arrested for DUI. After his arrest, the defendant refused the breath test.
Defense:	Parks & Braxton pointed out the State that the driving pattern on captured on video and the defendant's speech pattern caught on tape contradicted the arresting officer's reports.
Result:	The State Dropped the DUI.

Jan 16, 2013	Case: 2011-CT-4835-GTH	Judge Garagozlo
Facts:	The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine.
Result:	The State Dropped the DUI.

Jan 16, 2013	Case: 2011-CT-4835-GTH	Judge Garagozlo
Facts:	The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that they could not place the defendant in "actual physical control" of the car at time of the crash as required by Florida law.
Result:	The State Dropped the DUI.

Jan 16, 2013	Case: 2011-CT-4835-GTH	Judge Garagozlo
Facts:	The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine.
Result:	The State Dropped the DUI.

Jan 16, 2013	Case: 2011-CT-4835-GTH	Judge Garagozlo
Facts:	The defendant was involved in a two car crash at an intersection in which she was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. She also admitted to having two drinks. She stumbled and swayed upon exiting the car. She then performed the field sobriety exercises upon the request of the officer. For example, on the walk and turn test, she stepped off the line, did not touch heel to toe, and used her arms for balance. On the one leg stand test, she swayed and put her foot down four times. She was then arrested for DUI Causing Property Damage. After her arrest, she blew a .116 and .105 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that they could not place the defendant in "actual physical control" of the car at time of the crash as required by Florida law.
Result:	The State Dropped the DUI.

Jan 15, 2013	Case: CT-004527-XGA (JURY TRIAL)	Judge Dominguez
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine.
Result:	After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 15, 2013	Case: CT-004527-XGA (JURY TRIAL)	Judge Dominguez
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine.
Defense:	At jury trial, Parks & Braxton argued that the State had not proven beyond a reasonable doubt that the defendant was "driving" with a breath alcohol content of .08 or higher as required by Florida law.
Result:	After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 15, 2013	Case: CT-004527-XGA (JURY TRIAL)	Judge Dominguez
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine.
Result:	After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 15, 2013	Case: CT-004527-XGA (JURY TRIAL)	Judge Dominguez
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol and bloodshot eyes. He was then asked to perform field sobriety tests which were video taped. According to the arresting officer, he failed them and was arrested for DUI. After his arrest, he blew a .144 and .131 in the breath machine.
Defense:	At jury trial, Parks & Braxton argued that the State had not proven beyond a reasonable doubt that the defendant was "driving" with a breath alcohol content of .08 or higher as required by Florida law.
Result:	After the jury could not reach a unanimous verdict, the State Dropped the DUI.

Jan 10, 2013	Case: 2012-CT-001266A	Judge Kreider
Facts:	The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine.
Result:	On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 10, 2013	Case: 2012-CT-001266A	Judge Kreider
Facts:	The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the urine results. In our motion, we alleged that the officer had no legal basis under Florida law and the facts of the case to request the urine sample.
Result:	On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 10, 2013	Case: 2012-CT-001266A	Judge Kreider
Facts:	The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine.
Result:	On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 10, 2013	Case: 2012-CT-001266A	Judge Kreider
Facts:	The defendant was stopped for entering an intersection against a solid red light and she was also weaving. The officer observed an odor of alcohol, bloodshot eyes, and she was wearing a wrist band from a bar. She then performed roadside tasks and according to the officer she failed. She was then arrested for DUI. After her arrest, the officer also found marijuana in the defendant's car and she was also charged with a crime of possession of marijuana. She later submitted to a breath test which revealed the presence of alcohol and also submitted to a urine test which also revealed positive lab results for cocaine.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the urine results. In our motion, we alleged that the officer had no legal basis under Florida law and the facts of the case to request the urine sample.
Result:	On the day of the motion hearing, the State Dropped the DUI and also dismissed the possession of marijuana charge.

Jan 8, 2013	Case: 11-007778MM10A	Judge Robinson
Facts:	The defendant was initially observed hitting two parked motorcycles and then leaving the scene. The DUI task force officer pulled the defendant over and observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant performed several field sobriety tests on video and was subsequently arrested for DUI. He then refused to submit to a breath test.
Result:	On the morning of trial, the State dropped the DUI.

Jan 8, 2013	Case: CT-005567-XGA	Judge Weis
Facts:	The defendant was the at fault driver in a rear end crash. The officer who arrived on scene questioned the defendant about the crash and the events of the evening. The defendant gave inconsistent responses to the officer's questions. She also admitted to taking antihistamines for a cold. The officer then detained her and conducted the HGN (eye test) and believed her to be impaired by either a chemical and/or controlled substance. After the HGN test, she then performed the walk and turn, finger to nose, and walk and turn tests. According to the officer, she failed the tests and then arrested her for DUI. After her arrest, she refused to give a breath and also a urine sample. This was the defendant's second DUI.
Result:	The DUI was Dismissed.

Jan 8, 2013	Case: 11-007778MM10A	Judge Robinson
Facts:	The defendant was initially observed hitting two parked motorcycles and then leaving the scene. The DUI task force officer pulled the defendant over and observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant performed several field sobriety tests on video and was subsequently arrested for DUI. He then refused to submit to a breath test.
Defense:	Despite the defendant's performance on the field sobriety tests, Parks & Braxton acquired his medical records which revealed certain illnesses which would explain his performance. Parks & Braxton told the defendant that he should proceed to trial.
Result:	On the morning of trial, the State dropped the DUI.

Jan 8, 2013	Case: CT-005567-XGA	Judge Weis
Facts:	The defendant was the at fault driver in a rear end crash. The officer who arrived on scene questioned the defendant about the crash and the events of the evening. The defendant gave inconsistent responses to the officer's questions. She also admitted to taking antihistamines for a cold. The officer then detained her and conducted the HGN (eye test) and believed her to be impaired by either a chemical and/or controlled substance. After the HGN test, she then performed the walk and turn, finger to nose, and walk and turn tests. According to the officer, she failed the tests and then arrested her for DUI. After her arrest, she refused to give a breath and also a urine sample. This was the defendant's second DUI.
Defense:	Parks & Braxton pointed out to the State that there was no evidence that the defendant was impaired by alcohol, a "specific" chemical substance and/or "specific" controlled substance as required by Florida Law.
Result:	The DUI was Dismissed.