DUI Wins

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.

Jan 4, 2013	Case: 12-000059MM10A	Judge Solomon
Facts:	The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.
Defense:	At the license hearing, Parks & Braxton was successful in getting the DUI officer to admit that he fabricated a police report. The DMV subsequently returned his license. The testimony from that hearing was ordered and transcribed for the criminal trial.
Result:	Upon being made aware of the officer's testimony, the State dropped the DUI.

Jan 4, 2013	Case: 2012-CT-009930000AOX	Judge Miller
Facts:	The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the arrest. In our motion, we alleged that the initial detention and arrest by the arresting officer was unlawful.
Result:	The State Dropped the DUI on the day of the motion hearing.

Jan 4, 2013	Case: 12-000059MM10A	Judge Solomon
Facts:	The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI.
Defense:	At the license hearing, Parks & Braxton was successful in getting the DUI officer to admit that he fabricated a police report. The DMV subsequently returned his license. The testimony from that hearing was ordered and transcribed for the criminal trial.
Result:	Upon being made aware of the officer's testimony, the State dropped the DUI.

Jan 4, 2013	Case: 2012-CT-009930000AOX	Judge Miller
Facts:	The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the arrest. In our motion, we alleged that the initial detention and arrest by the arresting officer was unlawful.
Result:	The State Dropped the DUI on the day of the motion hearing.

Jan 3, 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.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Jan 3, 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.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Jan 2, 2013	Case: 12-CT-503946	Judge Hayes
Facts:	The defendant was stopped for weaving all over the road and onto the grass almost hitting a lamp post. The officer noticed an odor of alcohol, bloodshot eyes, and he was having trouble focusing. He was asked to step out of the vehicle and he stumbled and almost fell. He could not stand without using his vehicle for support. He also admitted to drinking six beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton negotiated vigorously with the State.
Result:	The State Dropped the DUI.

Jan 2, 2013	Case: 12-CT-503946	Judge Hayes
Facts:	The defendant was stopped for weaving all over the road and onto the grass almost hitting a lamp post. The officer noticed an odor of alcohol, bloodshot eyes, and he was having trouble focusing. He was asked to step out of the vehicle and he stumbled and almost fell. He could not stand without using his vehicle for support. He also admitted to drinking six beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton negotiated vigorously with the State.
Result:	The State Dropped the DUI.

Dec 18, 2012	Case: 2012-MM-000306000MMR	Judge Becker
Facts:	The defendant was involved in a crash whereby he side-swiped another car and struck a DOT sign. The officer observed slurred/thick tongued speech, swaying, and he appeared groggy. The officer believed the defendant to be impaired by a chemical and/or controlled substance. The defendant admitted to taking Xanax and a pain killer. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused to provide a urine sample.
Result:	The State could not prove that the defendant was impaired at the time of the crash by the specific drugs as required by Florida law. The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-012561AXXX	Judge Shore
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, swaying, and a flushed face. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-005812AXXX	Judge Shore
Facts:	The defendant was stopped for driving to slow and affecting other traffic. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant refused to perform the field sobriety exercises and was arrested for DUI. After his arrest, the defendant refused to give a breath sample.
Result:	The State Dropped the DUI.

Dec 18, 2012	Case: 2012-MM-000306000MMR	Judge Becker
Facts:	The defendant was involved in a crash whereby he side-swiped another car and struck a DOT sign. The officer observed slurred/thick tongued speech, swaying, and he appeared groggy. The officer believed the defendant to be impaired by a chemical and/or controlled substance. The defendant admitted to taking Xanax and a pain killer. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused to provide a urine sample.
Defense:	Parks & Braxton were ready for trial.
Result:	The State could not prove that the defendant was impaired at the time of the crash by the specific drugs as required by Florida law. The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-012561AXXX	Judge Shore
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, swaying, and a flushed face. The defendant refused to perform the roadside tests 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.

Dec 18, 2012	Case: 2012-CT-005812AXXX	Judge Shore
Facts:	The defendant was stopped for driving to slow and affecting other traffic. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant refused to perform the field sobriety exercises and was arrested for DUI. After his arrest, the defendant refused to give a breath sample.
Defense:	Parks & Braxton were ready for trial.
Result:	The State Dropped the DUI.

Dec 18, 2012	Case: 2012-MM-000306000MMR	Judge Becker
Facts:	The defendant was involved in a crash whereby he side-swiped another car and struck a DOT sign. The officer observed slurred/thick tongued speech, swaying, and he appeared groggy. The officer believed the defendant to be impaired by a chemical and/or controlled substance. The defendant admitted to taking Xanax and a pain killer. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he refused to provide a urine sample.
Result:	The State could not prove that the defendant was impaired at the time of the crash by the specific drugs as required by Florida law. The State Dropped the DUI.

Dec 18, 2012	Case: 2012-CT-012561AXXX	Judge Shore
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, swaying, and a flushed face. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Result:	The State Dropped the DUI.