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Parks & Braxton, PA: Fort Lauderdale DUI Lawyers

RESULTS

OUR RECENT VICTORIES

Aug 14, 2013 Case: A0FPTWE Judge McNeil
Facts: The defendant was stopped for failure to maintain a single lane. The officers observed the defendant to have an odor of alcohol. blood-shot eyes, and the defendant admitted to having anywhere from 3-6 beers. The defendant fumbled while looking for his license and stumbled while outside the car. According to the officers, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a.140 and .129 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Aug 9, 2013 Case: 2013-CT-057615AXXX Judge McKibben
Facts: The police were called to the scene by a McDonald's employee who believed the defendant and his passengers were drunk at the "drive thru." They were yelling curse words at the employees and passing around a beer bottle. Police arrived and stopped the car. The officer noticed the defendant, who was the driver, to have an odor of alcohol, slurred speech, and bloodshot eyes. He also fumbled with his wallet and admitted to drinking. The defendant refused to preform 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.
Aug 2, 2013 Case: 13-CT-501493 Judge Mann
Facts: The defendant was stopped for running a stop sign. The officer observed an odor of alcohol and bloodshot eyes. The officer handcuffed the defendant an put him in the backseat of his patrol car because of the defendant's alleged "aggressive" behavior." After about 30 minutes, the defendant performed the field sobriety tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained (a de-facto arrest) by being handcuffed and placed in the back of a patrol car for 30 minutes without probable cause.
Result: The State dropped the DUI.
Jul 30, 2013 Case: CT-6538-XEP Judge Jeske
Facts: The defendant was stopped for allegedly cutting off an officer which caused him to brake. Once a traffic stop was conducted, the officer noticed the defendant to have an odor of alcohol and red eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense: Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired.
Result: The State dropped the DUI.
Jul 26, 2013 Case: 2013-CT-002164-A-O-X Judge Blechman
Facts: The defendant was stopped for driving erratically and crossing over a concrete median into oncoming traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he performed poorly on all the roadside tests displaying several signs of intoxication. He was then arrested for DUI. After his arrest, he blew a .167 and a .165 in the breath machine.
Defense: Parks & Braxton pointed out to the State that there were certain issues involving the video tape used by the police in the case.
Result: The State dropped the DUI.
Jul 26, 2013 Case: 2013-CT-003308-A-O-X Judge Jewitt
Facts: The defendant was involved in a traffic crash. Upon the police arriving on scene, they noticed the defendant walking on the side walk. The police ordered him "to sit on the curb." They then made contact with defendant and observed him to have an odor of alcohol. watery eyes, and he was disoriented. According to the officers , he failed the field sobriety tests and was arrested for DUI. Officers also found beer bottles and beer cans in the car. After his arrest, he blew a .135 and .136 in the breath machine.
Defense: Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained by the police prior to any DUI investigation being conducted.
Result: The State dropped the DUI.
Jul 25, 2013 Case: 12-013057MM10A Judge Diaz
Facts: The police were called to an apartment complex in reference to a disturbance. A security guard also observed the defendant to be heavily intoxicated. When police arrived, they observed the defendant in her car. Upon exiting, the officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The officer also noticed the defendant to have difficulty with her motor skills. According to the officer, she failed the field sobriety tests and was arrested for DUI. Police also found the defendant in possession of marijuana and charged her with that crime. After her arrest, she refused the breath test.
Defense: Parks & Braxton took pre-trial depositions of all the witnesses in the case. After taking their testimony in the depositions, the firm filed a pre-trial motion to suppress. In our motion, we alleged that the defendant had been unlawfully detained by the police without any reasonable suspicion of a crime. The possession of marijuana charge was also dismissed.
Result: The State dropped the DUI.
Jul 24, 2013 Case: 2013-CT-000499 Judge Martin
Facts: The defendant was stopped for making a wide turn and almost striking an officer's patrol car. The officer noticed the defendant to have an odor of alcohol, slow speech, and red eyes. He admitted to having a couple of glasses of wine. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .125 and .121 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 24, 2013 Case: CT-7156-XEP Judge Myers
Facts: The defendant was stopped for speeding and following another car too closely. The officer observed the defendant to have an odor of alcohol and blood-shot/glassy eyes. The defendant refused to perform the roadside tests on video tape 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.
Jul 19, 2013 Case: 2013-CT-003565-01XX-LD Judge Abdoney
Facts: The defendant was stopped for speeding and weaving. The defendant had an odor of alcohol, mumbled speech, and blood-shot eyes. The defendant also had a "blank look" on his face and swayed when outside the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense: During a pre-trial investigation conducted by Parks & Braxton, it was discovered that the police department who arrested the defendant was under investigation.
Result: The DUI was dismissed.
Jul 12, 2013 Case: 2012-CT-018370AXXX Judge Bryson
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant also admitted to drinking numerous beers. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he blew .142 and .143 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 12, 2013 Case: 2012-CT-000163AXXX Judge Bryson
Facts: The defendant was stopped running a stop sign. The officer observed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .090 and .087 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.
Jul 10, 2013 Case: CT-006598-XEP Judge Dominguez
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. The defendant then refused the roadside tests on video tape 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.
Jul 10, 2013 Case: 2013-CT-004458-A-O Judge Barlow
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, red eyes, and and he admitted drinking at a bar. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer believed that the defendant was actually impaired by a chemical and/or controlled substance.
Defense: Parks & Braxton were ready for trial. The firm pointed out the State that they could not prove by which specific substance allegedly impaired the defendant as required by Florida Law.
Result: The State dropped the DUI.
Jul 9, 2013 Case: 11-016545MM10A Judge Brown
Facts: The defendant was observed by the police walking very "uneasy" to her car. She was arguing with another person about who was actually "less drunk" to drive. A traffic stop was then conducted in a parking garage. The officers observed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and uttering statements about her impairment. The defendant almost fell over while performing the roadside tests and then she was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Second DUI.
Defense: Parks & Braxton took the deposition of the back-up officer. At deposition, the officer revealed that he did not have an independent recollection concerning the specifics of the investigation. The firm filed a motion to exclude his testimony which was granted by the court. The firm also discovered that the chief investigating officer was under investigation for a law violation.
Result: The DUI was dismissed.
Jul 9, 2013 Case: 11-027071MM10A Judge Robinson
Facts: The defendant was initially seen in a parked car of a closed business. The keys were in the ignition and the engine was running. The first officer stated that he observed a strong odor of alcohol as well as bloodshot eyes. He further alleged that the defendant could barely speak and he stumbled out of the car. He called for a DUI officer who subsequently conducted an investigation and arrested the defendant for DUI.
Defense: Parks & Braxton filed a motion to suppress for an unlawful arrest. At the motion, the first officer testified exactly as stated above. He went on to testify that the defendant was in "pretty bad shape". However, the second officer testified completely different. He stated that there were no problems with the defendant's speech or balance. Based on a lack of credibility of the witnesses, the motion to suppress was granted.
Result: The DUI was dismissed.
Jul 8, 2013 Case: CT-006770-XFA Judge Myers
Facts: The defendant was stopped according to the officer's reports and testimony for making a wide turn, weaving, and going through a thru lane while another car was present. The officer also testified that the defendant was continuously weaving and also committed some traffic infractions. The entire driving pattern and DUI investigation was captured on video tape. Once stopped, the officer noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .135 and .130 in the breath machine.
Defense: Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the initial traffic stop. In our motion, we alleged that there was no probable cause to believe that the defendant committed any traffic infractions, nor was there any reasonable suspicion that the defendant was driving while impaired. The Judge watched the video tape, reviewed the case law, looked at any applicable statutes, and also listened to the officer get impeached numerous times by the defense about his reports and the video tape on cross examination. The judge Granted the motion and threw out all of the evidence.
Result: The DUI was dismissed.
Jun 27, 2013 Case: 2013-CT-003941-A-O-X Judge Tynan
Facts: The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, heavy eye lids, glassy eyes, and he admitted to having one or two drinks. The defendant also swayed and was lethargic. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, the defendant tested positive for alcohol on the breath machine, but the officers believed he was actually impaired by a chemical and / or controlled substance. The officers then requested the defendant to provide a urine sample to which he complied.
Defense: Parks & Braxton were ready for trial. The State could not prove by which specific chemical and / or controlled substance the defendant allegedly impaired the defendant as required by Florida Law.
Result: The DUI was dismissed.
Jun 27, 2013 Case: 2012-CT-00838 Judge Moore Stens
Facts: The defendant was stopped for running a red light. The defendant then hit a small tree after driving the wrong way. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, the defendant failed all the roadside tests due to her high level of intoxication. She was then arrested for DUI. After her arrest, she blew a .225 and .221 in the breath machine.
Defense: Parks & Braxton were ready for trial.
Result: The State dropped the DUI.

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