Oct 6, 2015	Case: 2015 307211 MMDB	Judge FEIGENBAUM
Facts:	The defendant was the at fault driver in a rear end crash. The officer who arrived, noticed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to consuming two beers after being read her Miranda rights. The defendant was requested for perform the roadside tests to which she complied. For example, on the one leg stand exercise, she put her foot down and used her arms for balance. On the walk and turn test, she did not touch heel to toe and raised her arms for balance. She was then arrested for DUI. After her arrest, she refused the breath test.
Defense:	Parks & Braxton pointed out to the prosecutor that the DUI officer's report was so vague in that he did not go into any details or specifics of the defendant's performance on the the roadside tests. There was no video at the scene. There was a video at the station whereby the defendant was speaking normally, not off balance or unsteady, responsive and coherent.
Result:	The State dropped the DUI.

Oct 6, 2015	Case: 2015-CT-009644	Judge FARR
Facts:	The defendant was stopped for weaving and swerving. Upon being stopped, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and she was covered in vomit. The defendant stated she was sick and that's why she had vomited all over the car and herself. The defendant then performed the roadside tests on video tape. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew .090 and .086 in the breath machine.
Defense:	Parks & Braxton pointed out to the State that with the .02 margin of error with breath test results, the defendant may have been under the legal limit. Also, the defendant performed better on the field sobriety tests on tape than as described on the written police reports.
Result:	The State dropped the DUI.

Oct 5, 2015	Case: A0Z0FKP	Judge Newman
Facts:	The defendant was the at fault driver in a two car rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, mumbled/slurred speech, and watery eyes. The defendant then performed the roadside tasks. For example, on the walk and turn, he stepped off the line several times, lost his balance, and did not touch heel to toe. The defendant was unable to perform the one leg stand test due to his high level of intoxication. He was then arrested for DUI. After his arrest, he blew a .157 and .151 in the breath machine.
Defense:	Parks & Braxton announced ready for trial. On the morning of trial, the State could not place the defendant behind the wheel of the motor vehicle at the time of the crash. The defendant was standing around outside his car when police arrived on scene.
Result:	The State dropped the DUI.

Oct 1, 2015	Case: 14-029069MU10A	Judge LEVINE
Facts:	The defendant was stopped for speeding and weaving all over the road. The officer noticed the defendant to have an odor of alcohol, flushed face, and blood shot eyes. Upon exiting the car, the defendant was unsteady and had a circular sway. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant put his his foot down seven times. On the walk and turn the defendant missed heel to toe eight separate times. On the finger to nose, he missed the tip of his nose five times. On the rhomberg balance test, he estimated 40 seconds for 30 seconds. He was then arrested for DUI. After his arrest, be blew a .137 in the breath machine.
Defense:	Parks & Braxton challenged the validity of the breath test based on police misconduct by the breath tech operator. The State conceded the issue and they Dropped the DUI.
Result:	The State dropped the DUI.

Sep 30, 2015	Case: 2015-CT-016173	Judge Johnson
Facts:	The defendant was stopped for weaving and almost colliding into other cars. Once stopped, the officer observed the defendant to have an odor of alcohol and glassy eyes. The defendant admitted to drinking 3-4 alcoholic beverages. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .149 in the breath machine.
Defense:	Parks & Braxton pointed out that the video of the field sobriety tests was not turned over in a timely fashion by the State in order to give the defense enough time to prepare for trial.
Result:	The State dropped the DUI.

Sep 29, 2015	Case: 15-501519CT	Judge ADAMS
Facts:	The defendant was stopped for stopping in the middle of an intersection and driving on the sidewalk. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was also unsteady on her feet. According to the officer, the defendant failed the field sobriety tests. For example, on the walk and turn exercise, the defendant took an incorrect number of steps, used her arms for balance, and did not touch heel to toe. On the one leg stand, the defendant put her foot down numerous times. She was then arrested for DUI and after her arrest blew a .141 and .140 in the breath machine.
Defense:	Parks & Braxton announced ready for jury trial.
Result:	The State dropped the DUI.

Sep 28, 2015	Case: A0Z4Z9P	Judge BEDINGHAUS
Facts:	video tape. For example, on the walk and turn exercise, the defendant would take only three steps and stop and do that over and over. He did not follow one instruction the officer was giving. On the one leg stand test, the defendant put his foot down several times, used his arms for balance, and swayed. He was then arrested for DUI. After his arrest, the defendant blew a .231 and a .231 in the breath machine (nearly three times the legal limit).
Defense:	Parks & Braxton filed a pretrial motion to suppress, challenging the lawfulness of the initial traffic stop. In our motion, we alleged there was no probable cause to believe the defendant committed any traffic infractions justifying the stop of his vehicle. We argued in our motion that no traffic or pedestrians were affected by the squealing of the tires as required by case law. Also, the officers were not able to provide any evidence the defendant was traveling over the posted speed limit in that area. On the day the motion was going be argued, the State Dropped the DUI.
Result:	The State dropped the DUI.

Sep 25, 2015	Case: 2015-CT-007115	Judge STARR
Facts:	The defendant was stopped for driving the wrong way. The officer who stopped the defendant, observed the defendant to have sluggish speech, slow movements, and heavy/droopy eye lids. He had a dazed look and blank stare during the entire investigation. He admitted to taking anti-anxiety medications that day which were controlled substances. The officer, believing the defendant was impaired by those controlled substances, asked the defendant to perform the roadside tasks. The defendant refused and was arrested for DUI. At the station, he provided a urine sample. That sample eventually came back from the lab and was positive for a controlled substance.
Defense:	Parks & Braxton argued that the State did not provide the urine report in a timely fashion as previously ordered by the court prior to trial.
Result:	The State dropped the DUI.

Sep 22, 2015	Case: 15-001010CT	Judge PROVOST
Facts:	The defendant was stopped for swerving and crossing lane markers. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated she had nothing to drink even after the officer confronted her numerous times about the odor of liquor coming from her breath. She was also unsteady on her feet according the officer. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. According to the officer, she showed signs of impairment and was arrested for DUI. After her arrest, she refused the breath test. The entire incident was captured on tape, including the driving pattern.
Defense:	Parks and Braxton had pretrial talks with the prosecutor. We pointed out that the defendant's speech was not slurred on tape as she had a very thick accent. Also, she was not unsteady on her feet on video tape. Furthermore, the defendant told the officer upon being stopped that she was lost and was on the phone trying get directions home. Also, the defendant's performance on the field sobriety tests on tape contradicted the description given in the officer's report.
Result:	The State dropped the DUI.

Sep 21, 2015	Case: A10I8QP	Judge SERAPHIN
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. According to the officer, the defendant lost his balance while outside of his car. The defendant then performed the roadside tasks. For example, on the walk and turn test, he took an incorrect number of steps, did not touch heel to toe, and used his arms for balance. On the one leg stand exercise, he swayed and used his arms for balance. He was then arrested for DUI. After his arrest, he blew a .135 and .125 in the breath machine.
Defense:	Parks & Braxton had pretrial talks with the State. We pointed out that the police reports did not adequately describe the details of the roadside tasks. There was no video tape in the case. Also, the control tests were reading high on the breath test result print out which could have led to falsely high breath test results.
Result:	The State dropped the DUI.

Sep 18, 2015	Case: 2014-CT-011558-O	Judge Bell
Facts:	NoThe defendant was stopped for failing to yield to oncoming traffic and speeding. Once stopped, the officer observed the defendant to have an odor of alcohol, mumbled/slurred speech, and bloodshot eyes. The defendant stated he had drank 3-4 beers. The defendant then perform the roadside tasks on video tape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .161 and .156 in the breath machine. This was the defendant's Second DUI.
Defense:	Parks & Braxton pointed out to the State that the video contradicted the officer's police reports. The video showed the defendant did much better on the roadside tests than the officer described in his written reports. Also, we pointed out that the the defendant was clearly absorbing alcohol and his breath alcohol level was lower than the legal limit at the time of driving based on the video tape.
Result:	The State dropped the DUI.

Sep 17, 2015	Case: 4119-XEX	Judge Newman
Facts:	The defendant was stopped by the police for having illegal dark window tinting on his car windows. The officer observed the defendant to have an odor of alcohol, mumbled speech, and blood shot eyes. The officer also noticed cups in the car with alcohol in them. Bottles of brandy were also found in the car. The defendant performed the roadside exercises at the request of the officer. According to the officer, the defendant exhibited numerous sings of intoxication and he was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton had discussions with the State. We pointed out that pursuant to case law, the defendant may have been unlawfully stopped based on the alleged shade of tint he had on his windows.
Result:	The State dropped the DUI.

Sep 16, 2015	Case: 2015MM4328	Judge HERR
Facts:	The defendant was involved in a crash whereby he wiped out on his motorcycle. The defendant was ejected from the bike and slid on the ground per the witnesses who called 911. The defendant had injuries to his head and shoulder. Prior to the defendant being taken to the hospital, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. Post Miranda warnings, the defendant stated he had drank three mixed drinks. The defendant was then transported to the hospital. At the hospital, the officer ordered a blood draw. When the blood results came back from the toxicology lab, they showed the defendant had a blood alcohol level of .177 and .177.
Defense:	Parks & Braxton pointed out to the State that the blood was unlawfully taken by the officer. We indicated to the State, that based on the reports, a breath test was not impractical or impossible as required by Florida law.
Result:	The State dropped the DUI.

Sep 15, 2015	Case: A1REZMP	Judge GONZALEZ-WHYTE
Facts:	The defendant was stopped for speeding. The defendant appeared to be acting slowly, have dilated pupils, and watery eyes. The officer also observed body and eyelid tremors. The officer concluded the defendant may be impaired by a controlled substance, as no odor of alcohol was detected. The defendant preformed the roadside tests and according to the officer he failed them. The defendant was then arrested for DUI. Back at the station, a further investigation was conducted called a Drug Recognition Evaluation. That officer, called a DRE (drug recognition expert), concluded that the defendant was impaired by either a CNS stimulant and/or marijuana. The officer then requested a urine test to which the defendant complied.
Defense:	Parks & Braxton announced ready for jury trial. First, the defense pointed out to the State that there was no reasonable suspicion of any crime to even conduct any type of DUI investigation. Also, we pointed out that there was no "reasonable cause" to even ask for urine test on these facts pursuant to Florida case law and the Florida Statutes. Finally, the State never provided the urine results in a timely fashion per court orders. Thus the State was prohibited from using any test results. On the morning of jury trial, the State Dismissed the DUI.
Result:	The DUI was dismissed.

Sep 9, 2015	Case: 2015-MM-003937	Judge COLLINS
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, heavily slurred speech, and water/glassy eyes. The defendant stated he drank a few beers. The defendant swayed and staggered as he walked. The defendant refused to perform the roadside tasks 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 defendant's speech was normal and he was not off balance or unsteady. The video also showed the defendant walking normally. The State Dropped the DUI and the defendant received no criminal conviction at all on his record.
Result:	The State dropped the DUI.

Sep 8, 2015	Case: 7172-XEQ	Judge Seraphin
Facts:	The defendant was stopped for driving 102 mph in a 55 mph zone on the highway. He was also cutting in and out of traffic and tailgating. The officer stopped the defendant for reckless driving. That officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He then called for a DUI unit who made similar observations. The defendant then performed the roadside tests at the request of the officer. According to the officer he failed. For example, on the walk and turn, he stepped of the line and did not touch heel to toe. On the one leg stand test, he put his foot down, swayed, and used his arms for balance. The defendant was arrested for reckless driving and DUI. It should be noted this was the defendant's second DUI arrest.
Defense:	Parks & Braxton announced ready for jury trial. On the morning of trial, the officer who stopped the defendant was asked numerous questions by the defense before trial got started. There were several things the officer added to the alleged driving pattern that were not written his report. For example, he stated the defendant almost rear ended him and was driving on the lane marker for a mile. The DUI officer also wrote a very vague report without including any specifics about the roadside tests. Prior to picking a jury, the State dismissed the reckless driving charge and Dropped the DUI.
Result:	The State dropped the DUI.

Sep 8, 2015	Case: 2015-CT-500643	Judge HAYWARD
Facts:	The defendant was involved in a one car crash whereby his vehicle struck a stop sign and ran into a chain link fence which caused extensive damage to the defendant's car. The officer who arrived, noticed the defendant to have an odor of alcohol, slurred speech, and blood shot eyes. The officer wrote in his report the defendant was uneasy on his feet and almost lost his balance falling into the car. According to the officer, the defendant then failed the field sobriety tests on video and was arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that on tape, the defendant’s speech was not slurred and he was not off balance or unsteady like the officer made him out be in the reports. Also, the description of the field sobriety tests in the police reports making the defendant out to be highly intoxicated was contradicted by the video tape.
Result:	The State dropped the DUI.

Sep 1, 2015	Case: 2015 303293MMDB	Judge DAVIDSON
Facts:	The defendant was seen by the police in a parking lot doing "burn outs" on his motorcycle. There were about 20 people standing around watching. Officers approached the defendant and got him off his motorcycle. They observed the defendant to have an odor of alcohol and bloodshot eyes. The defendant admitted to drinking Bud Light beer. The defendant then performed the roadside tests which were not video taped. For example, on the one leg stand test, the defendant put his foot down 7 times and stumbled backwards. On the walk and turn exercise, he stepped off the line and did not touch heel to toe. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton pointed out to the State that the initial seizure of the defendant by ordering him off his bike was unlawful. Pursuant to Florida case law, since no one standing around watching was affected by the defendant's acts of doing burn outs (i.e.. spinning his tires), there was no probable cause to believe any traffic infraction occurred.
Result:	The State dropped the DUI.

Aug 27, 2015	Case: 1577-XEO	Judge HORROX
Facts:	The defendant was stopped for speeding and weaving. Once stopped, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and while out of the car he swayed. The defendant admitted to drinking Corona beer. The officer also found a beer can with beer in it inside the car. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI within five years.
Defense:	Parks & Braxton announced ready for jury trial. The week before trial, the firm pointed out to the State that the officer’s reports were totally contradicted by the defendant's video tape. For example, the officer wrote that the defendant was swaying, yet he was never off balance on tape. Also, the defendant's cousin was in the car and was prepared to testify that it was his beer can.
Result:	The State dropped the DUI.

Aug 27, 2015	Case: 05-2014-CT-052319-AXXX-XX	Judge Murphy
Facts:	The defendant was observed by the officer driving in what he described as an "S" pattern, drifting within her lane. The defendant's car also made a left turn and made contact with an orange plastic construction traffic barrel located in that lane. The barrel was protruding over the painted pavement markings. The officer then conducted a traffic stop. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant then performed the roadside tasks. For example, on the one leg stand test, the defendant lost her balance numerous times, put her foot down, and raised her arms for balance. On the walk and turn test, the defendant stepped off the line, she did not touch heel to toe, and took an incorrect number of steps. The defendant was eventually arrested for DUI. After her arrest, she refused the breath test. It should be noted the entire driving pattern was captured on video along with the DUI investigation.
Defense:	Parks & Braxton filed a pretrial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged that there was no probable cause, nor reasonable suspicion of a crime to justify the stop of the defendant's car. At the motion hearing, the Judge watched the video, listened to the officer's testimony, and heard argument of counsel. The Judge determined based on the officer's testimony that the officer did not consider the "S" driving pattern in his decision to stop the defendant's vehicle and that he did not even write it in his report. The officer also did not note any damage in his reports nor did he testify to any damage. The Judge concluded that the officer only made the stop because of the contact with the barrel. The Judge, in his legal conclusion, found that making contact with an improperly placed traffic barrel in the middle of the roadway did not amount to any legal basis for stopping the defendant. He went on to state that any reasonable person might have hit that barrel. In fact, on video, the officer himself had to actually slow down to avoid the barrel. The Judge granted the motion to suppress, finding no probable cause of any traffic infractions, nor reasonable suspicion of any crime. All the evidence was then excluded.
Result:	The DUI was dismissed.