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The defendant was found passed out in her car by police at a red light. Officers observed the defendant to have an odor of alcohol, blood-shot eyes, and balance issues. She refused to do any roadside tests on video tape and was arrested for DUI. After her arrest, she blew a .191 and .179 in the breath machine.
Parks & Braxton had pre-trial discussions with the State to get the DUI dropped prior to a trial.
The State dropped the DUI.
The defendant was found passed out in the driver's seat of his car at a red light with the engine running. Several other cars were honking their horns. When the police arrived, they got the defendant out of the car on video tape and placed him in hand cuffs. Once he was eventually uncuffed, the police observed the defendant to have an odor of alcohol on this breath, red eyes, and slow movements. He also had trouble keeping his balance. He was then moved to a different location to perform field sobriety tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. During a search of the defendant's vehicle after the arrest, the police found some marijuana and paraphernalia.
Prior to a trial, Parks & Braxton had discussions with the State about the video tape and all the various police reports written by the different officers on the scene. We pointed out that not only was each police report contradictory in nature about the facts, but the video was also contradicted by what had been written. The State Dropped the DUI and the defendant also received No convictions on his record for any drug charges.
The defendant was found passed out in the driver's seat in his car at an intersection. Officers, upon awaking the defendant, noticed an odor of alcohol and red eyes. The defendant stated he had been drinking earlier at a golf event. He failed the roadside tests which were video taped and then was arrested for DUI. After his arrest, he blew a .114 and .109 in the breath machine.
Parks & Braxton had discussions with the State prior to trial to get the DUI dropped.
An anonymous caller called 911 stating that the defendant was driving all over the road and almost hitting cars. The officer spotted he defendant's car and noticed her take a wide / slow turn and over correct to get back on the road. The officer noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant also had blood-shot eyes and appeared sleepy. The defendant admitted to having four glasses of wine. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .180 in the breath machine.
Parks & Braxton had pretrial negotiations with the State prior to trial.
The defendant crashed his car into a giant palm tree. He took a turn too fast which resulted in the the defendant losing control of the car. When the officer arrived, he noticed the defendant bleeding from his head, complaining of leg pain, and fire rescue had to extract him from the car. The officer observed slurred speech and the defendant could not complete a coherent sentence. The defendant was transported to the hospital. The officer, believing that the defendant may be impaired by alcohol and/or a chemical or controlled substance, ordered a blood draw from the defendant while the he had a breathing tube in his mouth and was sedated. The blood was sent to the toxicology lab and resulted in a blood alcohol level of .129 and .129.
Parks & Braxton filed a pretrial motion to suppress the blood results. In our motion, we alleged that the officer did not have the requisite probable cause to order a blood draw. We argued in our motion that the officer did not have any "reasonable cause" to believe that the defendant was under the influence of alcohol, and/or a chemical or controlled substance as required by Florida law. Prior to the motion ever being argued, the State Dropped the DUI.
The defendant was stopped by the police after weaving several times and causing a taxi to brake in order to avoid a collision. The officer noticed an odor of alcohol, blood-shot eyes, and a flushed face. Once outside the car, the defendant was swaying. The defendant stated he was coming from the Blue Martini and could not remember how much he had to drink. According to the officer, he failed the roadside tests. For example, on the walk and turn test, the defendant took an incorrect number of steps, did not touch heel to toe, and was confused prior to turning back down the line. On the finger to nose, he missed the tip of his nose with his finger and did not keep his head back as instructed. He was then arrested for DUI. After the defendant was arrested, he refused the breath test. However, the defendant was later taken to the hospital and submitted to a blood test. The blood tested positive at a .18 blood alcohol level.
Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was a lack of probable cause to make the arrest. Prior to the motion, the State dropped the DUI.
The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI.
Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI.
The defendant was stopped for driving to closely behind another car at a high rate of speed. The officer observed the defendant to have an odor of alcohol and watery/blood-shot eyes. A DUI enforcement officer was called to the scene and made similar observations as to that of the officer who made the traffic stop. According to the officer, he exhibited several signs of intoxication on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .206 and .209 in the breath machine.
Parks & Braxton conducted pre-trial negotiations with the State to have the DUI Dropped.
The defendant was stopped for driving over a grass median. The officer noticed the defendant to have a strong odor of alcohol on his breath, watery eyes, and thick tongued speech. The defendant stated he had drank a "few" drinks. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer concluded the defendant was impaired by a chemical and/or controlled substance.
Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law.
The defendant was the at fault driver in a crash. He was speeding down the road, almost hitting curbs, and finally hit the center median and blew out his tires. When the police arrived, they noticed the defendant to have an odor of alcohol , blood-shot eyes, and a flushed face. The defendant stated to the police that "he was very drunk", "should not have been driving", "he drank too much", and also stated he “consumed three vodka tonics." The defendant was very unsteady and stumbling around prior to being asked to perform the field sobriety tests. The defendant refused to perform the tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton took sworn pre-trial depositions of all the witnesses. The firm then filed a motion to suppress all of the defendant's statements to the police as listed above. In our motion, we alleged they were obtained by the police in violation of Florida's accident privilege. The Judge granted the motion and excluded all of the defendant's statements.
The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was unable to keep his balance once outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .288 in the breath machine and then failed to provide a second sample of his breath. The police then alleged he refused the breath test because he did not provide two valid samples of his breath.
Parks & Braxton had pre-trial discussions with the prosecutor prior to trial.
The defendant was stopped for weaving based on a 911 call. The officer noticed an odor of alcohol, slightly slurred speech, and a flushed face. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
Parks & Braxton had pre-trial discussions with the State to get the DUI Dropped.
The defendant was stopped by the police after someone called 911. The caller, who later gave a written statement, told police that the defendant was driving all over the road and crossing lane markers multiple times for several miles. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, and mush mouthed speech. According to the officer, she was unsteady, acting clumsy, had slow reflexes, and exhibited mood changes. After performing the HGN (eye test), the defendant then failed the walk and turn and one leg stand tests according to the officer. There was no video tape of the incident. She was then arrested for DUI. After her arrest for DUI, she refused the breath test.
Parks & Braxton had pre-trial negotiations with the prosecutor just prior to trial and the firm was able to convince the State to Drop the DUI.
The defendant was involved in a head on crash. The accident was observed by an independent witness. A deputy arrived on scene and observed the defendant attempting to exit the vehicle. The deputy observed a strong odor of alcohol, slurred speech, as well as bloodshot eyes. A DUI task force deputy arrived and continued with the investigation. After observing the same indicia of impairment, the defendant admitted to drinking three glasses of wine. The defendant was also observed to be unsteady on her feet. She was arrested for DUI and refused a blood test in the ambulance.
Parks & Braxton filed a motion to exclude all statements based on the accident report privilege. The Judge subsequently granted the motion and threw out the statements. Without the statements, the State would have difficulty proving that the defendant's impairment was from alcohol as opposed to the accident. The State then listed the fire rescue officers as witnesses. The goal was to prove that she was not injured and therefore the impairment was a result of the alcohol. However, Parks & Braxton took independent statements from each of the witnesses. Each statement revealed that the two deputies were not telling the truth with regards to how the defendant looked that evening. Specifically, the witnesses denied observing slurred speech, bloodshot eyes, or any lack of balance. Based on the lack of credibility of the police the State dropped the DUI.
The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a flushed face. He was also unsteady outside his vehicle. According to the officer, he failed the video taped roadside tests and was arrested for DUI. The offcer alleged in his reports that the defendant stated he had drank "15" drinks. After his arrest, he blew a .105 and .105 in the breath machine.
Parks & Braxton had pre-trial negotiations with the State Attorney's Office. We pointed out that there was no sound on the video. Thus, everything the defendant did and said could not be put into context. For example, the officer stated the defendant messed up the alphabet test, however, one could not hear it being recited. Furthermore, the officer did not have the camera in focus on the defendant the majority of the time so one could not truly see the defendant's full performance of the roadside tests. Also, we pointed out that if the defendant truly said he had fifteen (15) drinks, his breath alcohol level would have been much higher. That then called into question the officer's credibility.
The defendant was stopped for weaving. That driving pattern was captured on video tape. The officer noticed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, slurred speech, and the defendant stated he had two vodka drinks. According to the officer, he faiiled the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .101 and .099 in the breath machine.
Parks & Braxton had pre-trial negotiations with the prosecutor's office in order to discuss the facts of the case and dropping the DUI prior to setting a trial date.
The police came in contact with the defendant after he allegedly backed into another car. According to the officer's report, he noticed the defendant to have an odor of alcohol, blood-shot eyes, and slow slightly slurred speech. According to the officer, the defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .133 and .133 in the breath machine. This was the defendant's Second DUI.
Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was no probable cause to arrest the defendant. At the motion hearing, the officer's testimony was contradicted (impeached) many times. Also, the officer stated that the defendant was not at fault in the crash. Finally, he could recall many important facts of the case during his testimony. The Judge Granted the motion determining a lack of credibility.
The defendant was involved in a single car crash as he hit a utility pole. When the officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. When asked for his phone number, the defendant gave a "1-800 number" and stated that he forgot. The defendant was transported to the hospital due to his injuries. At the hospital, the police ordered that blood be drawn from the defendant. The results of the blood test showed the defendant had a blood alcohol content of a .292 and .290. This was the defendant's Fourth DUI.
Parks & Braxton conducted a pre-trial investigation after taking over the case from another law firm. Our firm found numerous problems with the toxicology lab, the VHS tape, and the witnesses.
The DUI was dismissed.
A police officer noticed the defendant drinking in a bar while the the officer was having a meal. The officer noticed that the defendant appeared very intoxicated. He then saw the defendant leave, get in his car, and start the engine. Upon contact, the officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .237 and .237 in the breath machine.
Parks & Braxton had pre-trial discussions with the State in order to get the DUI Dropped prior to a trial date.
The defendant was stopped for driving with an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. Once outside the car, the officer observed him swaying. On video tape, the defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton filed a pre-trial motion to suppress the defendant's refusal to perform the roadside tests. In our motion, we alleged that the officer never advised the defendant of any "adverse consequences" for his refusal to perform the tests. Prior to the motion hearing date, the State Dropped the DUI.
The defendant was found by police passed out in his vehicle at an intersection. Once the police finally awoke the defendant, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. He also appeared unsteady outside the vehicle. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer felt he was impaired by a chemical and / or controlled substance.
Parks & Braxton were ready for trial. The State would have been unable to prove by what "specific" chemical and / or controlled substance the officer thought was allegedly impairing the defendant as required by Florida Law.
The defendant was the at fault driver in a crash which was witnessed by a police officer. When the officer came into contact with the defendant, the officer observed the defendant to have an odor of alcohol, watery eyes, slow speech, and a noticeable sway. The defendant admitted to consuming three whiskeys with sprite. He then failed the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .114 and .115 in the breath machine.
Parks & Braxton had numerous discussions with the State prior to setting a trial date.
The defendant was stopped for driving without headlights.. The officer noticed the defendant to have an odor of alcohol, flushed face, watery eyes, and she admitted to consuming three beers. According the officer, she did not perform well on the field sobriety tests and was arrested for DUI. There was no video tape at the scene. After her arrest, she refused the breath test.
Parks & Braxton had pre-trial negotiations with the prosecutor about the case prior to trial.
The defendant was stopped on his motorcycle because the officer could not read his tag. The officer noticed an odor of alcohol, bloodshot eyes, flushed face, and also found a "mostly" empty bottle of vodka between the cables by the headlight and handle bar. The defendant stated he had drank a "few". The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. This, however, was the first time the firm represented this client.
Parks & Braxton pointed out to the State in pre-trial discussions that there was a lack of evidence indicating that the defendant's "normal faculties were impaired."
The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down three times, swayed, and raised his arms for balance. On the walk and turn test, he stepped off the line and did not touch heel to toe. At the scene of the incident, the defendant allegedly told the officer that "he was to drunk to drive." The defendant was then arrested for DUI. After his arrest, he refused the breath test.
The defense that the firm put forth was based upon the fact that just because an officer says something took place, doesn't always mean it is the truth. Based on the numerous contradictions between the officer's version of the facts and the defendant's side of the story, Parks & Braxton announced ready for trial. The day before jury trial, the State agreed to Drop the DUI.
The defendant was stopped for speeding. He was traveling 90 mph in a 45 mph zone. The officer noticed the defendant to have an odor of alcohol, extremely slurred speech, blood-shot eyes, and he admitted to drinking beer. The defendant also used the driver's door for balance while stepping out of the car. He then performed the field sobriety tests on videotape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .152 and .165 in the breath machine.
Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged, that on videotape at the breath alcohol testing facility, the officer misinformed the defendant as to the law in an attempt to get him to take a breath test. Thus, we argued that he was coerced into taking the test based on the misstatements by the officer. Prior to the motion being argued, the State Dropped the DUI.
The police were called after the defendant was observed getting into his car by a security guard who believed the defendant was intoxicated. The officer then observed the defendant swerving and conducted a traffic stop. The officer observed the defendant to have an odor of alcohol, slurred speech, red eyes, and balance issues. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the State that the officer did not write one specific pertaining to the defendant's performance on the field sobriety tests. Thus, the complete performance was unknown.
The defendant was stopped after an anonymous person told the officers that the defendant was driving all over the road. The defendant, for some unknown reason, then pulled behind the officers and they made contact. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, the defendant showed signs of impairment on the field sobriety tests and was arrested for DUI. After his arrest, he only blew one breath sample of a .241 and then refused the second breath breath test. The police then called it a refusal to submit to breath testing because they only obtained one breath sample and not two as required.
Parks & Braxton had pre-trial talks with the State about the case.
The defendant was stopped for driving off the roadway. The officer noticed an odor of alcohol, lethargic and sleepy movements, and slow hand / eye coordination. The defendant admitted to drinking wine. According to the officer, he failed the roadside tests which were video taped and he was arrested for DUI. During an inventory search of the defendant's car, the officer found a few prescription bottles for anti-depressants. After his arrest, he tested positive for alcohol in the breath machine. The officer, however, concluded on his DUI ticket that the defendant was impaired by those controlled substances.
Parks & Braxton pointed out to the State that although the officer found the controlled substances (ie. the anti-depressants in the car), he never even asked the defendant if he took them that day. Furthermore, the officer never even asked for a urine test. Thus, the State could not prove though any testimony what specific controlled substance was "allegedly impairing" the defendant as required by Florida Law. Also, the video tape of the defendant's roadside tests contradicted the reports about the level of impairment. The State Dropped the DUI and the defendant received No conviction for any crime at all.
The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slow movements, slurred speech, and blood-shot eyes. The defendant performed the roadside tests on video tape. For example, on the walk and turn test, she missed heel to toe every time, stepped off the line, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was then arrested for DUI. After her arrest, she blew a .148 and .144 in the breath machine.
Prior to trial, Parks & Braxton had several discussions about the contents of the video tape with the State. On video, the defendant was distressed and kept stating to the police officer that a male individual she had been with had attempted to assault her and that is why she drove in order to get out of the house. Her friend, who she had picked up from around the corner after she left the male's house, stated the same thing to police over and over on video. They both kept telling the officer that they were just trying to get home in order to figure out how to handle the attempted assault situation. The officer showed hardly any interest on tape about hearing their story and appeared to be only concerned with conducting the DUI investigation. The defendant and her friend even indicated to the officer that they believed the male in question was following them just before they were pulled over. Thus, the firm pointed out to the State, that the defendant only drove her car out of "Necessity" which is a defense under the law solely in order to get away from a potentially violent situation.
The defendant was stopped for speeding as he was driving 90 mph in a 35 mph zone. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Prior to a trial, Parks & Braxton pointed out to the State that the officer wrote a very vague report and did not write any details about the defendant's performance on the roadside tests.
The defendant was found by police passed out in her car at an intersection. Upon awakening the defendant after numerous attempts, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and mumbled speech. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .137 and .127 in the breath machine.
Parks & Braxton had pre-trial negotiations with the prosecutor about various issues relating to the facts of the case prior to trial.
The defendant was stopped for straddling the center white line a couple of times and "drifting". The officer who made the traffic stop, observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant stated he drank a couple of beers. The stopping officer then called for a DUI unit. That other officer made similar observations and requested the defendant to perform the field sobriety tests. According to the officer, the defendant exhibited several signs of impairment on the tests and was arrested for DUI. After his arrest, the defendant blew a .20 and .183 in the breath machine.
Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the arresting officer misstated the law on video tape to get the defendant to agree to take a breath test. Thus, the firm argued he was coerced into taking the breath test based upon misinformation of the law. We also filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged that there was no probable cause to believe a traffic infraction had occurred and also that there was no reasonable suspicion to believe the defendant was an impaired driver.
The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, flushed face, a sway, and stuttered speech. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton had pre-trial negotiations with the State about the facts of the case.
The defendant allegedly hit a parked vehicle and left the scene of the crash. Officers from two different jurisdictions located him at the complex where he resided. The defendant was the registered owner of the vehicle in question and the security guard also saw him drive into the complex in a severely damaged car. The defendant, at one point when officers arrived, came out to check on his car, and the police noticed him to have an odor of alcohol, slurred speech, and blood shot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI and Leaving the Scene of an Accident. After his arrest, he blew a .083 in the breath machine.
On the morning of Jury Trial, Parks & Braxton pointed out to the State that they could not prove beyond a reasonable doubt that the defendant was under the influence of alcohol at the time of the crash and while driving as required by Florida Law. Neither civilians or police, came into contact with the defendant until after he came out of his residence. Aside from Dropping the DUI, the State also Dismissed the Leaving the Scene of an Accident charge.
The defendant was involved in a crash. Upon arrival, the officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. After exiting the car, the defendant was extremely unsteady on his feet. On video, the defendant was asked to perform several field sobriety tests. On the walk and turn test he failed to walk heel to toe, used his arms for balance and stumbled off of the line several times. On the one leg stand test the defendant dropped his foot and stated "I can't do it". The defendant was subsequently arrested for DUI. This was the defendant's 5th DUI. This was the first time the firm represented the defendant.
Despite the impairment on video, Parks & Braxton filed a motion to suppress based on a violation of 316.645. Specifically, the arresting officer did not follow proper procedure when investigating an individual for DUI who was also involved in an accident. On the morning of the motion to suppress the DUI was dropped.
The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and red/glassy eyes. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test on another video tape at the breath alcohol testing facility. The State then charged the defendant with a Second Refusal. This was also the defendant's second arrest for DUI and also had a prior refusal to take a breath test.
Parks & Braxton pointed out to the State prior to setting a trial date that the video tape of the defendant's field sobriety tests showed a better performance than that described in the police reports. Also, the firm pointed out to the State, that on the other video, the defendant was repeatedly blowing in the machine and never said he was refusing even though the officers stated he refused because they never got two valid results. The video also showed the officers also appearing to be very hostile toward the defendant for no reason as he was trying to blow into the machine. The State Dropped the DUI and Dismissed the Second Refusal charge.
The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and a flushed face. There were un-opened beer bottles found in the car and the defendant admitted to drinking beer and wine. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .151 in the breath machine.
Parks & Braxton had pre-trial negotiations with the State prior to a trial. We pointed out that the first breath card obtained from the defendant minutes prior to gathering the two results on the second card as stated above had a "fail" indication. It was unknown as to why that "fail" had printed out on the first breath test attempt.
The defendant was stopped for speeding and weaving. Once stopped, the officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant stated he drank a half a beer. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, the firm also won a prior DUI that the defendant had been arrested for in a different county just over four years ago.
Parks & Braxton announced ready for a jury trial. On the morning of trial, we pointed out to the State that the arresting officer's reports were very vague and he did not write one specific detail about the defendant's performance on the field sobriety tests. On the morning of jury trial, the State Dropped the DUI.
The defendant came into contact with the police after they received a call that he allegedly hit a cement pole at a drive thru fast food restaurant. When the officer arrived, the defendant was in the driver's seat and the officer observed some bumper scrapes and paint transfer on his car. The officer noticed the defendant to have an odor of alcohol, mumbled speech, and he admitted to having some whiskey and two beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .186 and .207 in the breath machine.
Parks & Braxton had pre-trial discussions with the State prior to any trial being set. There was some contradictory evidence as to whether in fact a crash had actually taken place per the written reports and citations.
The defendant was stopped for having an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he was unsteady on his feet. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the State that the video tape at the scene contradicted the officer's written allegations about the defendant's level of impairment.
The defendant was stopped for driving down the wrong side of the road. The officer observed the defendant to have an odor of alcohol, a flushed face, and slurred speech. Beer was also found in the car. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .172 in the breath machine.
Parks & Braxton had numerous pre-trial discussions with the State prior to a trial.
The defendant was stopped for swerving all over the road and almost hitting parked cars. The officer noticed the defendant to have an odor of alcohol, slurred speech, and swaying. The defendant admitted to having four vodka drinks. She failed all the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .162 and .169 in the breath machine.
Parks & Braxton had pre-trial negotiations with the State prior to a trial.
The defendant was stopped for weaving and almost colliding with another car. The officer noticed an odor of alcohol, mumbled speech, and watery eyes. The defendant failed all the field sobriety tests according to the officer's reports although none of them were video taped. He was arrested for DUI. After his arrest, he tested positive for alcohol in the breath machine. However, the officer concluded he was also impaired by a chemical and/or controlled substance so a Drug Recognition Exam was conducted on the defendant. That officer then concluded the defendant was impaired by alcohol and a CNS Depressant. The defendant then provided a urine sample to the police for testing at the lab.
Parks & Braxton requested that full discovery be provided by the State as required by Florida Law. The urine test results were not provided in a timely manner by the State to the defense.
The defendant was stopped for swerving on the roadway as well as speeding. As the officer approached the vehicle he noticed a strong odor of alcohol. After face to face contact the officer also noticed slurred speech and bloodshot watery eyes. The defendant performed the HGN (eye test), one leg stand, finger to nose as well as the walk and turn. Subsequently, the defendant admitted to drinking and was arrested for DUI. In addition, the defendant was charged with felony carrying a concealed firearm. This was the defendant's second DUI.
Parks & Braxton filed a motion to dismiss the firearm charge which was granted. After preparing the DUI for jury trial the State dropped the charge.
The defendant was stopped for crossing over the fog line, almost hitting a curb, making an alleged wide turn, and driving over a curb while turning into a parking spot. The officer, after initiating a traffic stop, noticed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking three beers. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. This was the defendant's second DUI arrest within five years.
Parks & Braxton pointed out to the State during pre-trial discussions that the driving pattern as alleged by the officer in the police reports was contradictory to what was captured on the in-car video tape. Thus, we pointed out to the State that the initial traffic stop may have been unlawful.
The defendant was stopped for driving the wrong way down a one way street. The defendant had an odor of alcohol, slurred speech, and appeared disoriented. She partially completed the roadside tasks on video tape. The defendant admitted to having two glasses of wine. According to the officer, she failed all portions of the roadside tasks that were attempted by the defendant. She was then arrested for DUI. After her arrest, she refused the breath test.
Parks & Braxton had pre-trial negotiations with the State prior to any trial.
The defendant was stopped for weaving and almost causing a crash. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and she appeared off balance. According to the officer, she failed all the roadside tests and was arrested for DUI. After her arrest, she blew a .187 and a .188 in the breath machine.
Parks & Braxton had lengthy pre-trial discussions with the State about the case.
The defendant was stopped by the police when he was observed by the police doing "donuts" in his car in a parking lot. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to splitting some pitchers of beer with friends and the officers observed him swaying. According to the officers, he failed the field sobriety tests and was arrested for DUI. The incident was captured on video tape. After his arrest, he blew a .093 and .089 in the breath machine.
Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged that the police officer misinformed the defendant of the law and coerced him into taking a breath test. The entire conversation between the defendant and the officer was captured on the video tape. Just prior to the hearing date, the State agreed with the firm's motion after reviewing the tape.
The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, the defendant's speech was not understandable, and he appeared disoriented. The defendant was unsteady and unable to perform any field sobriety tests due to his high level of intoxication. He was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton were ready for trial.
The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. The defendant failed all the field sobriety tests according to the officer and she was then arrested for DUI. None of the tests were video taped. After her arrest, she blew a .106 in the breath machine and then refused to provide a second breath sample as required by Florida law.
Parks & Braxton pointed out to the State that the defendant never stepped off the line on the walk turn, never put her foot down on the one leg stand test, and estimated 27 out of 30 seconds on the Rhomberg balance test. Thus, the firm showed the State numerous weaknesses in their case and the firm was ready for trial.
The defendant was stopped for continuously weaving and nearly side-wiping another car. The defendant had an odor of alcohol, slurred speech, and blood-shot eyes. He also admitted to having a few drinks and taking a prescribed anti-depressant medicine. The defendant failed all the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol, however, the officers never asked for urine. This was the defendant's Second DUI within a five year period.
Despite the fact that the report listed an alleged statement by the defendant concerning medication, the fact that the officer never asked for a urine sample demonstrated a lack of credibility. On the morning of trial Parks & Braxton pointed out to the State the weaknesses in their case.
The defendant was seen passed out at the airport in front of the terminal with the engine on, the car in gear, and his foot on the brake. The initial officer approached the vehicle in an attempt to wake him up. The defendant woke up, hit the gas peddle and drove up onto the curb. The initial officer observed signs of impairment and subsequently requested a DUI task force officer to conduct a DUI investigation. The DUI officer observed a strong odor of alcohol, bloodshot eyes, slurred speech as well as unsteadiness. The defendant then performed field sobriety tests. On video the defendant performed the walk and turn, one leg stand, HGN (eye test), as well as the finger to nose test. He was subsequently arrested for DUI and refused a breath test.
Based on several conflicts between the video and the police reports Parks & Braxton announced ready for trial.
The defendant was stopped for driving 101 miles per hour in a 70 mile per hour zone at about 7:30 a.m.. She was also changing lanes improperly, following too closely, and failing to use her signal. The officer noticed the defendant to have an odor of alcohol, quickly placed her in hand cuffs, and arrested her for reckless driving. The officer then requested that the defendant perform field sobriety tests. According to the officer, she failed them and was also arrested for DUI. After her arrest, she tested positive for for alcohol on the breath machine, however, the officer actually believed she was impaired by a chemical and/or controlled substance.
Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. The State Dismissed the DUI and the defendant received no conviction or points on the other reckless driving charge.
The defendant was stopped for having an expired registration. The officer noticed an odor of alcohol, blood-shot eyes, and very slurred speech. The defendant stated that he had drank two long island iced teas and a lemon drop shot. According to the officer, the defendant swayed and weaved as he walked while outside the car. The defendant then performed the field sobriety tests. According to the arresting officer, he failed them all and was arrested for DUI . After his arrest, he refused the breath test. The entire incident was captured on video tape.
Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause to arrest the defendant for DUI since none of his "normal faculties" were impaired. We pointed out to the State that the entire video contradicted what was written in the police reports.
Prior to the motion ever being argued, the State watched the video tape and then Dropped the DUI to a Simple Civil Traffic Infraction.
The defendant was stopped for driving on a flat tire and a rim. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and he swayed while standing. He was also staggering. According to the officer, he failed all the field sobriety tests and was arrested for DUI. After his arrest, he blew a .203 and .203 in the breath machine.
Parks & Braxton pointed out to the State that the lead officer was being investigated for very serious disciplinary allegations. Based on the findings and what was known to the State about the officer, they could not proceed in good faith.
The defendant was stopped for allegedly weaving inside her lane and bumping into a curb one time. The officer observed the defendant to have an odor of alcohol and glassy eyes. She then performed the roadside tests. According to the officer, she failed them all. The defendant also admitted to consuming 4 to 5 beers and also feeling the effects of the alcohol. She was arrested for DUI. After her arrest, she blew a .131 and .140 in the breath machine. The entire incident, including the driving pattern, was captured on video tape.
Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that there was no probable cause that any traffic infraction was committed. Furthermore, we alleged that there was also no reasonable suspicion to believe that the defendant was an impaired driver based on the video tape. The Judge watched the video tape of the driving pattern, heard testimony, and listened to some case law being cited. The Judge then determined that the stop was unlawful and Granted the motion.
The defendant was stopped for illegally driving through a construction area. The officer noticed the defendant to have an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and and was arrested for DUI. After her arrest, she blew a .08 in the breath machine.
Parks & Braxton first pointed out to the State that the solutions used during the control tests on the defendant's breath card read higher than her actual breath test results. Thus, we argued it could have easily made her test results appear falsely higher than the legal limit of .08. We also pointed out that on video tape, although the defendant totally messed up the alphabet test, she kept telling the officer that English was not her first language. However, he still had the hand cuffs out in his hand even before she finished.
The defendant was stopped for weaving. The officer observed an odor of alcohol, a flushed face, and blood-shot eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton was ready for trial.
The defendant was involved in a one car crash whereby she ended up on a median. The officer observed her to have an odor of alcohol, unsteadiness, stagger at times, and slurred speech. She refused to perform the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. The whole incident was captured on video tape.
Parks & Braxton filed pre-trial a motion to suppress all of the defendant's statements to police on video tape which were obtained in violation of her Miranda rights. We also filed a motion to exclude her refusal to perform the field sobriety exercises as she was never advised of any adverse consequences by the officer as required by Florida law.
The defendant was stopped for having no tag light and making an improper turn. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. Fresh vomit was also seen running down the driver's side door. The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the State that although there was a working police video camera at the scene , the entire DUI investigation was not taped. There was never any reason provided by the police as to why the investigation was not taped.
The defendant was stopped for not having an operable tag light, failing to stop at a flashing red signal, and making a wide right turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Parks & Braxton announced ready for trial.
On the morning of jury trial, the State Dropped the DUI.
The defendant was the at fault driver in a high speed crash. When the officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. The officers also noticed that the defendant was lethargic in his movements and was swaying. The defendant refused the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. The entire investigation was captured on video tape.
Parks & Braxton pointed out to the State that the officers' observations alleged in their reports were contradicted by the video tape. For example, the defendant was not swaying on tape and his speech was clear.
A civilian witness observed the defendant driving recklessly. At one point she stated that the defendant almost crashed into another vehicle. She called 911 and provided a description of the car, the driving pattern as well as all of her personal information. Two officers located the defendant and observed her fail to maintain a single lane one time. The officers subsequently pulled the defendant over. The two officers noticed several signs of impairment and called for a DUI task force officer to conduct the investigation. The DUI officer observed a strong odor of alcohol, a flushed face as well as slurred speech. In addition, the defendant was unsteady on her feet. She kept ranting on video about how she knew the sheriff. She conducted the HGN (eye test), walk and turn and the one leg stand. She performed poorly on all tests and was arrested for DUI. All testing was performed on video. At the breath alcohol testing facility she blew a .218 and .204 in the breath machine.
Parks & Braxton filed a motion to suppress based on an unlawful seizure. At the motion to suppress, the civilian witness testified in detail concerning the severity of the driving pattern. The witness talked about the near collision as well as the weaving all over the road. Next, one of the stopping officers testified. He stated that while dispatch told him to look out for a reckless driver, they did not describe the driving pattern to the officer with any specificity. In addition, he admitted that since he was not the lead officer, he did not see the defendant fail to maintain a single lane. The motion was granted and all of the evidence was thrown out.
The defendant was stopped after officers saw her back over a curb into a tree in a parking lot. They then observed the defendant to have an odor of alcohol and blood-shot eyes. According to the officer, she performed poorly on the video taped roadside tests. She was then arrested for DUI. After her arrest, she blew a .142 and a .148 in the breath machine.
The defendant was seen by the police making numerous traffic turns. The defendant then stopped his car in a driveway and sat there. The officer then activated his his overhead lights for some reason and the defendant exited his car and walked towards the officer. The officer then noticed the defendant to have an odor of alcohol, slurred speech, and he was staggering. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he blew .198 and .192 in the breath machine.
Parks & Braxton pointed out the State that the defendant did not commit any traffic infractions and there was no reasonable suspicion of a crime. By the officer turning on his overhead lights, the officer turned the initial encounter into an unlawful seizure.
He also swayed wile outside the car. The defendant refused to perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
The defendant was found passed out in the driver's seat of his car by police in a parking lot at around 3 a.m.. The keys were in the ignition, the engine was on, and so were the lights to the car. After about thirty seconds to a minute, the officer finally opened the door to awake the defendant after banging on the window numerous times and shaking the car. The officer then noticed the defendant to have an odor of alcohol. slurred speech, and blood-shot eyes. EMS was also called to check on the defendant's well being. After being cleared by EMS, a DUI officer was called to the scene to conduct roadside tests. The defendant performed the eye test (HGN) and the walk and turn. For example, on the walk and turn, the officer stated he stepped off the line five times, raised his arms for balance, and lost his balance during the instructions. Officers also stated that the defendant was unsteady on his feet and staggered while walking around. He was then arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI within a five year period.
At Jury Trial, Parks and Braxton argued that the State could not prove the defendant had the "capability" of operating a motor vehicle while sleeping. Thus, we argued he could not have been in actual physical control of the car. Also, we were able to impeach every officer as each one of them did not write several important details or specifics pertaining to the DUI investigation in their reports.
The Jury found the defendant NOT GUILTY.
The defendant was on the side of the road with a road ranger. It was unknown if the defendant's vehicle was broken down or even why the road ranger was on scene. No statement was taken from the road ranger by the police at anytime. When the officer arrived, he came in contact with the defendant who had an odor of alcohol on his breath, watery eyes, and mumbled speech. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the State that the circumstances surrounding the initial encounter with road ranger and police were unknown due a very vague police report. Thus, there may have been an initial unlawful seizure of the defendant by police.
The defendant came into contact with the police after a call went out that he was an alleged intoxicated driver. Officers located the defendant's defendant's car in a parking lot. The defendant was inside the car with the keys on the floor board. Once he was asked to step out of the car, they observed him to have an odor alcohol and he admitted to drinking beers. According to the officers, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .117 and .110 in the breath machine.
Parks & Braxton pointed out to the State that the initial encounter may have been illegal as the tip was anonymous. Also, we discussed with the State that the defendant could not have been in actual physical control of the car as the keys were on the floor board.
The defendant was stopped for making an improper turn in a construction area. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having five beers. No physical field sobriety tests such as the walk and turn or one leg stand were conducted due to the defendant's severe knee injuries. However, he did perform the finger to nose and balance exercise. According the the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the the State prior to trial that the defendant's legs were so mangled and badly injured that he could not even stand properly. Thus, he could even perform any roadside tests.
The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and he fumbled with his items. He also appeared slow and lethargic. The defendant refused to perform the roadside tests and was arrested for DUI. The officer later found a beer can which was cold to the touch in the defendant's car. After his arrest, he refused the breath test.
The defendant was stopped while inadvertently driving through a federal security checkpoint. After observing an odor of alcohol, bloodshot eyes, flushed face and sluggish movements, the checkpoint officer called for a DUI task force deputy to conduct an investigation. On video, the defendant was moving and talking slowly. He subsequently performed several field sobriety tests including the walk and turn, one leg stand, and the HGN (eye test). The defendant was arrested for DUI. This was the defendant's second DUI offense.
Prior to trial, Parks & Braxton met with the Supervising Prosecutor in an effort to discuss the weaknesses of the State's case. For example, despite the defendant's slow movements, he was able to perform a portion of the field sobriety tests correctly. In addition, it was explained to the State that the deputy was unable to testify whether this was how the defendant spoke and moved on a normal every day basis.
The defendant was stopped by Florida Highway Patrol for weaving all over the roadway. The Trooper observed a strong odor of alcohol and bloodshot eyes. Upon exiting the car the Trooper stated that the defendant was unsteady on her feet. Four field sobriety tests were performed and the defendant was arrested for DUI. At the police station, the defendant re-performed sobriety tests on video and blew a .120 in the breathalyzer.
The video was inconsistent with the report that was generated by the Trooper. In addition, there was no evidence that the defendant was over the legal limit at the time she was driving. Parks & Braxton announced ready for trial. On the morning of trial, the State dropped the DUI.
The defendant was stopped for driving east bound in the west bound lane of traffic. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on the roadside tests. For example, he could not even say the alphabet correctly. He was then arrested for DUI. After his arrest, he blew a .184 in the breath machine.
The officer responded to a McDonalds parking lot in reference to an altercation involving a gun. Upon arrival, a civilian witness pointed out the defendant, while yelling "Those are the guys. Stop them". The officer directed the defendant into a parking spot and walked up to the drivers side door. The officer noticed a strong odor of alcohol, bloodshot watery eyes, a flushed face and slurred speech. Once outside of the vehicle, the defendant appeared to be extremely unsteady on his feet. On video, the defendant admitted to drinking multiple pitchers. A conversation took place whereby the defendant explained that he stopped at the McDonalds because he had too much to drink. He performed a series of field sobriety tests and was subsequently arrested for DUI. At the police station the defendant blew a .097 in the breathalyzer.
Parks & Braxton filed a motion to suppress based on an unlawful detention. Specifically, the firm argued that the officer had no right to direct our client into a parking spot and detain him. At the motion to suppress, the officers mentioned the civilian and the gun several times. In fact, they testified that they observed the firearm. However, at the very moment when they directed him into the parking spot they lacked the reasonable suspicion necessary for the detention. The motion was granted and all of the evidence including the video and breath test were excluded from evidence.
The defendant was stopped for driving the wrong way down a one way ramp. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having two beers at a baseball game. Upon standing outside the car, the officer observed the defendant to be unsteady and staggering. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton pointed out to the State that the video tape recorded at the scene contradicted the officer's reports as to his alleged observations of the defendant.
The defendant was stopped for driving without his lights. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, slurred speech, and he appeared sleepy. The defendant admitted to having three glasses of wine. The defendant performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .117 and .111 in the breath machine.
The defendant was stopped for driving off the road four times. The officer noticed the defendant to have an odor of alcohol and slurred speech. He also found two beer cans in the car and one was cold to the touch. The defendant was also unsteady and leaned on the vehicle for support. He refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton filed a pre-trial motion to suppress to the defendant's refusal to submit to field sobriety tests. In our motion, we alleged that the defendant was never advised of any adverse consequences for refusing the roadside tests pursuant to Florida Law.
The defendant was stopped for not stopping at a red light while making a right turn. The officer who made the traffic stop observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. He also saw the defendant stumble outside the car. He then called for another officer to conduct the DUI investigation. That officer made similar observations and also saw the defendant lean on the truck for balance. The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. It should be noted that the firm has won two prior DUI cases with the same defendant and also attained a not guilty verdict in one of the cases.
Parks & Braxton took pre-trial depositions of the two officers and pinned them down on many answers to which they could not give any specific information. Also, we got sworn testimony from them that although one cop saw the defendant leaning on a truck for balance the entire time, the other officer never did. The firm picked a jury, the jury was sworn, and then double jeopardy attached. The defense then pointed out to the State that based on the deposition testimony and pre-trial motion testimony from one of the officers, they could never prove this case beyond a reasonable doubt.
The defendant was first scene by a police officer as her car was stuck on the rail road tracks. The officer noticed the defendant to have an odor of alcohol and watery eyes. He told her to stand off to the side and he would call a wrecker to tow the car. The defendant then ran over to her car and started to try to drive it off the tracks. For safety reasons, the officer ordered her to stop and get out. A DUI unit was then called and he made similar observations along with slurred speech and she appeared confused. She refused to perform the roadside tests and was arrested for DUI. After her arrest, she refused the breath test.
The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred speech, and red eyes. The defendant admitted to drinking three cans of beer. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, the defendant tested positive for alcohol on the breath machine, however, the officer actually believed she was impaired by either a chemical and/or controlled substance.
Parks & Braxton pointed out to the State that they could not prove by which specific chemical and/or controlled substance allegedly caused the defendant to be impaired as required by the Florida Statutes.
The defendant was in a 70 mile per hour crash on the Florida Turnpike where it was determined by the police that she sideswiped another car causing both cars to hit the center concrete barrier. The defendant's hood ended up in her windshield and her air bag deployed. The person in the other car was taken to the hospital and his car was destroyed. When the officer arrived, he observed the defendant to have an odor of alcohol, slurred/mumbled speech, and blood-shot eyes. The officer observed her to be very off balance, staggering and leaning against cars for balance. She also exhibited various mood swings. According to the officer, she failed the roadside tests. For example, on the walk and turn test, she took the wrong number of steps, used her arms for balance, and had to stop to steady herself. During the one leg stand test, after only two seconds, the defendant stopped and stated "she could not do it." She was then arrested for DUI. After her arrest, she refused the breath test on video tape and was very argumentative with the police. The defendant was also taken to the hospital at fire rescue's request before being taken to jail. This was the defendant's Second DUI arrest. On her first DUI, the firm also represented her and gained a not guilty verdict at a jury trial less than five years ago.
At Jury Trial, Parks & Braxton got the arresting officer to admit that any signs of impairment he observed could have been equally related to a very bad crash and an airbag hitting the defendant versus alcohol impairment. Thus, we argued there was reasonable doubt as to whether the State proved she was impaired by alcohol under the law versus impairment by being injured. We also argued among other things that the investigating officer had a working video camera in his patrol car but chose not to video tape the defendant. Instead, he had the defendant perform physical roadside tests in a chaotic crash scene after she had just been hit with an air bag. The firm also pointed out that the officer took no pictures, did not get any witness statements from all the EMS people at the scene, and did not talk to anyone at the hospital where the defendant was treated. The defendant also stated to the police that she was the one cut off and not the cause of the crash. That was not written in any reports. In sum, the firm argued there was a lack of evidence, conflicts in the evidence, a very poor investigation by the police, and the alleged impairment was caused by the crash.
The defendant was stopped for weaving. He had an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking beer and also swayed while outside the car. According to the arresting officer, he did not perform up to standards on the field sobriety exercises which were video taped. He was subsequently arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI arrest.
The defendant was stopped for failing to stop at a steady red light. The defendant did not stop promptly upon the officer flashing the overhead police lights and air horn several times. Upon coming into contact with the defendant, the officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI arrest.
Parks & Braxton pointed out to the State that both officers on the scene had working video cameras in their patrol cars. However, they both failed to video tape everything at the scene other than the driving pattern. The officers had no reasonable explanation for failing to video tape the whole DUI investigation.
The defendant was found by the police passed out in his car in a parking lot. When officers awoke the defendant, he had an odor of alcohol, blood-shot eyes, and vomit in the car and on himself. The defendant also admitted to having three beers. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .121 and .125 in the breath machine.
Parks & Braxton pointed out to the State before a trial that the defendant could not have been in "actual physical control" of the car as the car was not even running. Also, the firm pointed out to the prosecutor that the keys to the car were in the defendant's front pants pocket when he was found passed out by the police.
The defendant was stopped for failing to maintain a single lane and driving over a stop bar at a red light. The officer observed the defendant to have an odor of alcohol, fumbling through her paperwork, and she also had a wrist band on from a bar or club. The defendant also admitted to drinking. According to the officer, she exhibited signs of impairment on the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
Parks & Braxton pointed out to the State that on the video tape, the officer had the defendant perform all the roadside tests on a very slanted road, a ramp. Also, the officer did not fully demonstrate the field sobriety tests as required.
The defendant was stopped for weaving. The officer observed an odor of alcohol, flushed face, bloodshot -eyes, and she admitted to having a couple of drinks. On video tape, the defendant performed the field sobriety tests. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew a . 125 and .131 in the breath machine.
Parks & Braxton pointed out to the State that the defendant's video taped performance on the roadside tests contradicted her breath test results. That would have indicated that her breath alcohol level may have been lower than the legal limit at the "time of driving."
The police were called out to a residence regarding an alleged fight. Upon arrival, they saw the defendant pulling out of the driveway. Upon contact with the officers, they noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking two beers. The defendant refused to preform the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .150 and .167 in the breath machine.
Parks & Braxton pointed out to the State that there was an unlawful stop of the defendant's car. We discussed with the State that the officer's action of pulling behind the defendant's car and blocking him from moving constituted and unlawful seizure as the defendant's freedom was curtailed. The officer did not even know if the defendant was the one even involved in the alleged fight before blocking his car from moving any further. Furthermore, we pointed out the State that the defendant had a major problem understanding English in his contact with police due to his nationality.
The defendant was stopped by the police for driving all over the road and almost hitting a sign. The officer observed an odor of alcohol, slurred speech, droopy eyes lids, and a sway. The defendant also stumbled and had to place his hand on his truck for balance. He refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI.
The defendant was stopped for allegedly leaving the scene of an accident. Once stopped, the officer observed an odor of alcohol, glassy eyes as well as mumbled speech. In addition, the officer stated that the defendant was unsteady on his feet and had mood swings. During a conversation with the officer, the defendant allegedly stated that he just had another DUI. The front tire was flat and the damage to the car was consistent with hitting another vehicle. Subsequently, a DUI task force officer arrived and conducted an investigation. After observing the same signs of impairment, the DUI officer had the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn, one leg stand as well as the finger to nose, the defendant was arrested for DUI. This was the defendant's 2nd DUI. He was also charged with driving while license suspended as a result of the previous DUI.
Parks & Braxton filed a pre-trial motion to exclude evidence. In addition, while the initial officer stated that he heard the accident, he never actually saw the crash. Interestingly, the witness list never included the driver of the other vehicle. It was ultimately clear that the other driver was at fault and subsequently left the scene. The motion to exclude evidence was granted.
The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, glossy eyes,and slow movements. The defendant was then asked to perform the roadside tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, this was the defendant's Third DUI.
Parks & Braxton were ready for trial. We pointed out to the State that the defendant was totally misinformed of the law as it related to taking or not taking the roadside tasks which was specifically written by the officer in his reports.
The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant also admitted to having two drinks. According the officer, he exhibited clues of impairment on the roadside tasks and was arrested for DUI. After his arrest, he blew a .138 and .132 in the breath machine.
Parks & Braxton pointed out to the State, that on the video tape, the officer misinformed the defendant of the consequences of taking versus not taking a breath test. Based on the conversation between the officer and the defendant on video, the defendant then felt coerced into taking a breath test.
The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and blood-shot eyes. A bottle of Vodka was also found in the car. The defendant initially refused to perform the field sobriety tasks at the request of the officer. After a brief conversation with the officer, he then decided to do them. According to the officer, he failed them all and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misstated the law and coerced the defendant into performing the tasks. The State conceded the motion after reading all the case law provided by the defense.
The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, red eyes, and "delayed" speech. The defendant admitted to drinking beer and having a shot of Jack Daniels. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test.
Parks & Braxton were ready for trial. We also pointed out to the State there was no sound on the video tape. Thus, nothing could be heard such as the defendant's speech, questions and answers by the officer to the defendant, the defendant's counting during the tasks, and the alphabet test.
The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and red eyes. The defendant also stated she had drank two margaritas. The defendant was unsteady upon exiting the car and swayed while outside the car. According the officer, she failed the video taped roadside tests. After her arrest, she refused the breath test.
Parks and Braxton pointed out to the State that the entire video tape contradicted the officer's written allegations and observations.
The defendant was stopped by the Florida Highway Patrol for weaving all over the roadway. This allegedly occurred numerous times over a few blocks. As the Trooper approached the car he observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant subsequently admitted to drinking. The defendant was asked to exit the vehicle. The Trooper observed that he was unsteady on his feet and swayed while he walked. The defendant performed 4 field sobriety tests including the HGN (eye test), walk and turn (9 steps up and back on a line), one leg stand as well as the finger to nose test. The defendant allegedly performed poorly on the tests and was arrested for DUI.
Parks & Braxton had a prior case with this Trooper whereby he admitted to falsifying a police report. Therefore, his credibility was suspect from the beginning of the case. In addition, the video failed to support all of the observations made by the Trooper.
The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and a flushed face. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton attempted to pick a jury on the case to fight the charges but the panel was eventually stricken prior to being sworn. Afterwards, the firm again pointed out to the State that the officer had not written any specifics of the defendant's performance on the roadside tests and his reports were very vague.
The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot 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.
Parks & Braxton were ready for trial. We pointed out to the State that the officer had the defendant perform the roadside tests on a very slanted road which was clear on the tape.
The defendant crashed into a guard rail. Once officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had a bar stamp on his hand. He was also unsteady and swaying. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Parks & Braxton were ready for trial. We pointed out to the State that although there was an in car video tape, the officer did not place the defendant in front of the camera while he performed the tests. Thus, one could hardly see almost all of the defendant's performance even though the camera was running.
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