2/3/2012 Case #05-2011-CT-037416-AXXX-XX (JURY TRIAL) Judge Atkin

Facts The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years.
Defense At jury trial, Parks & Braxton argued that the defendant was asleep in his car because he worked long hours. The defendant testified to this fact. The firm also argued that the video contradicted the arresting officer's testimony as it related to the defendant's performance on the tests. Furthermore, we also pointed out to the the jury many conflicts in the evidence and that the officer's had stated many times they did not recall specific facts upon cross examination.
Result During jury deliberations, the State Dropped the DUI.

2/1/2012 Case #CT-003222-XGA Judge Dominguez

Facts The defendant was found by police passed out in his car in a pharmacy parking lot. Upon awaking the defendant, the initial officer noticed an odor of alcohol, glassy eyes, and unsteadiness. The defendant stated he was waiting for the pharmacy to open even though it was closed until the next morning. A DUI unit was called and he made similar observations. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

1/27/2012 Case #2011-CT-008973AXXX Judge Damico

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred/mumbled speech, and a "long distance stare." He fumbled with his items in handing them to the officer and was very unsteady on his feet. The defendant stated he had three drinks. He then refused the roadside tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial. A pre-trial deposition of the arresting officer was taken prior to the trial date.
Result After reading the sworn deposition of the arresting officer's answers to our questions, the State Dropped the DUI.

1/24/2012 Case #11-CT-504843 Judge Gonzalez

Facts The defendant was stopped by police as she was stopped in the middle of a turning lane. The officer went up to the car and noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated she was coming from a bar. According to the officer, she did not perform the roadside tests up to standards and was arrested for DUI. She then refused the breath test.
Defense Parks & Braxton prepared the case for trial. The reports were very vaguely written as it related to the defendant's performance on the tests and there was no video tape at the scene.
Result The State Dropped the DUI.

1/23/2012 Case #1371-XEU Judge Newman

Facts The defendant was the at fault driver in a rear end crash. The officer who arrived on scene observed the defendant to have an odor of alcohol, slurred speech, and unsteady balance. He performed very poorly on the roadside tests and was arrested for DUI. The officer found marijuana in the car and added that charge. After his arrest on all charges, he refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result On the morning of trial, the State Dropped the DUI an Dismissed the marijuana charge.

1/17/2012 Case #CT-004694-XEP Judge Conrad

Facts The defendant was stopped for speeding and weaving. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. She only performed the HGN (eye test) and walk and turn tests. According to the officer, she did not perform up to standards and was arrested for DUI. After her arrest, she refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

1/13/2012 Case #2011-CT-022578AXXX Judge Eissey

Facts The defendant was stopped by police based on an anonymous tip that the defendant was an impaired driver. Upon stopping the defendant, the officer noticed an odor of alcohol, fumbling for his items, and slurred speech. The defendant admitted to feeling the effects of the alcohol and drinking four beers. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton pointed out to the State after taking a pre-trial deposition and watching the video tape, that there was no corroboration of the driving pattern by police as required by law.
Result The State Dropped the DUI.

1/11/2012 Case #CT-004754-XEP Judge Myers

Facts The defendant was stopped after hitting a parked car. Upon being stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared to be very unsteady. According to the officer, he performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Fourth DUI.
Defense Parks & Braxton conducted a pre-trial investigation which revealed that the video tape in question had been lost and/or destroyed. The officer had written a very vague report describing the tests as they were supposed to have all been on video.
Result Prior to the firm filing a motion to dismiss for destruction of material evidence, the State Dropped the DUI.

1/10/2012 Case #2011-CT-009222AXXX Judge Higbee

Facts The defendant was found passed out in his car in a parking lot. The keys were not in the ignition, but were in the center console. The officer noticed an odor of alcohol, slurred speech, a confused look, and bloodshot eyes. He then performed the roadside tests very poorly and was arrested for DUI. He complained of a medical condition and was taken to the hospital. There, blood was taken from the defendant which resulted in his blood alcohol content being a .166 and .164 (over two times the legal limit).
Defense Parks & Braxton filed a motion to suppress. In our motion, we alleged that the defendant was illegally ordered out of the car. On the day of the hearing, the State conceded the motion.
Result The State Dropped the DUI.

1/10/2012 Case #2011-44267MMAES Judge Beck

Facts The defendant was stopped by officers after a call (BOLO) went out about a reckless driver. The officers spotted the defendant's car, which was the car driving recklessly in question, and observed her to be weaving. The officers observed an odor of alcohol, bloodshot eyes, slurred speech, and very poor balance. She performed poorly the roadside tests and was arrested for DUI. She then refused the breath test. This was the defendant's second DUI arrest.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI. It should be noted this is the second time the firm got the client's DUI dropped.

1/10/2012 Case #10-011921MM10A Judge Ross

Facts The defendant was stopped for driving without any headlights. The Trooper stated that the defendant stumbled out of the car. In addition, he observed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant allegedly admitted to consuming three drinks. The Trooper had the defendant perform the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. None of these tests were performed on video. The defendant was arrested for DUI and blew a .101 in the breath machine. The defendant then performed field sobriety tests on video at the holding facility. Subsequent to the field sobriety tests the defendant admitted on video that she was under the influence while she was driving.
Defense Parks & Braxton took a deposition of the arresting trooper. The deposition revealed several inconsistencies between his testimony and his reports. In addition, the State could not prove that the defendant was above the legal limit at the time she was driving since the test was approximately one hour later.
Result The State dropped the DUI on the morning of trial.

1/9/2012 Case #09-012353MM10A Judge Lerner-Wren

Facts The defendant was stopped for making an illegal turn. The officer observed a strong odor of alcohol, bloodshot glassy eyes as well as slurred speech. The officer then improperly advised the defendant that if he refused to perform field sobriety tests that his license would be suspended. After several attempts to get the defendant out of the car he finally exited. The defendant was placed under arrest and he refused all testing.
Defense Parks & Braxton filed a motion to suppress on several grounds including an unlawful arrest. At the motion, the officer agreed to the facts above including the improper statement. In addition, the officer agreed that he told the defendant that if he refused that he would jerk him out of the car through the window.
Result The motion to suppress was granted. The DUI was Dismissed.

1/5/2012 Case #2011-CT-02041-A-K Judge Fowler

Facts The defendant was stopped for driving his motorcycle without eye protection. The officer observed an odor of alcohol, slurred speech, and red eyes. According to the officer, he did not perform the roadside tests up to standards which were video taped. He was arrested for DUI and then refused the breath test.
Defense Parks & Braxton did a pre-trial investigation and discovered evidence that resulted in the State dropping the DUI charges.
Result The Defendant received No DUI conviction on his record.

1/4/2012 Case #0021-XBU (JURY TRIAL) Judge Seraphin

Facts The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest.
Defense At jury trial, Parks & Braxton pointed out to the jury that the State presented a lack of evidence by not bringing in any fire rescue workers who initially found the defendant and saw his condition. Also they did not bring in any fire rescue reports, whether the defendant was initially sleeping, and no evidence of how the keys even got on the dashboard. Our other argument to the jury was that the defendant was not in actual physical control of the vehicle because when the officer approached the car the defendant had no "capability" of operating a car without keys in his hands nor in the ignition.
Result The Jury found the defendant Not Guilty.

1/3/2012 Case #5970-XEM Judge Ortiz

Facts The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine.
Defense On the morning of trial, the State could not place the defendant in actual physical control of her car and/or under the influence at the time of the crash.
Result The DUI was Dismissed.

12/16/2011 Case #08-20173MM10A Judge Murphy

Facts The defendant was involved in an accident. Upon approaching him the officer observed a strong odor of alcohol as well as bloodshot glassy eyes. The defendant was asked to perform several field sobriety tests on video. After performing the one leg stand, finger to nose as well as the walk and turn test he was arrested for DUI. The defendant admitted to drinking several rum and cokes and blew a .193 in the breath machine.
Defense Parks & Braxton filed two motions to suppress evidence. First, the firm moved to exclude the breath test from evidence based on a lack of substantial compliance with the administrative regulations. Next, the firm moved to suppress all of the remaining evidence based on an improper arrest.
Result Both motions were granted. The DUI was Dismissed.

12/12/2011 Case #CT-007709-XEF Judge Jeske

Facts The defendant was stopped for weaving and rubbing against the curb. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking. According to the officer, he performed field sobriety tests, did not performed up to standards, and was arrested for DUI. After his arrest, he blew a .163 and .176 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

12/12/2011 Case #3269-XEJ Judge Denaro

Facts The defendant was stopped for making an illegal U-Turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he failed the roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test.
Defense Parks & Braxton pointed out to the State that the police reports contradicted the video tape and that none of the defendant's "normal faculties" were impaired.
Result The State Dropped the DUI.

12/12/2011 Case #2011-MM-006916-A Judge Herr

Facts The defendant was stopped for weaving all over the road at least twelve times and almost striking another vehicle. The officers observed an odor of alcohol, red eyes, slurred speech, and tripping as he got out of the car. He performed poorly on the roadside tests. For example, on the one leg stand, he used his arms for balance, put his foot down more than one time, and swayed. He was arrested for DUI.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

12/9/2011 Case #09-025733MM10A Judge Murphy

Facts The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI.
Defense Parks & Braxton filed a sworn motion to dismiss based on the fact that the State could not prove what the defendant was under the influence while driving the vehicle. The officer agreed that despite what was written in his report, he could not testify with any degree of certainty whether the odor of alcohol was coming from the defendant or his passenger. In addition, the State could not prove with specificity whether the defendant was taking any medication that was listed under the rules of Florida Criminal Procedure.
Result The Court Granted the Motion to Dismiss.

12/7/2011 Case #2011-CT-019872AXXX Judge Evans

Facts The defendant was observed by police coming down the road toward a closed off crash scene. The officers left one lane open for travel out of four. As the defendant approached, she slowed down and weaved a couple of times. She then slowed down even more and moved over toward the open lane of travel. The officers believed she came to close to them and stopped her car with their hands and yelled stop. They then ordered her to roll down her window. The deputy went up to the car and observed an odor of alcohol, slurred speech, red eyes, and a dazed/disoriented look. She then performed the roadside tests on video tape and exhibited several signs of impairment. She was arrested for DUI. After her arrest, she blew a .140 and .149 in the breath machine.
Defense Prior to trial, Parks & Braxton took a pre-trial deposition of the arresting officer as to why the defendant was initially stopped. Based on that deposition, the firm filed a motion to suppress the lawfulness of the initial stop of the defendant's car. In our motion, we alleged that the defendant followed the "move over" law by slowing down and moving over into the proper lane of travel.
Result Prior to the motion hearing, the State Dropped the DUI.

12/7/2011 Case #CT-004406-XEP Judge Dominguez

Facts The defendant was stopped for driving with no headlights and making a wide left turn. The officer noticed an odor of alcohol, very slurred speech, and glassy eyes. The officer also observed the defendant to be unsteady on his feet. He refused the roadside tests, was arrested for DUI, and then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

12/7/2011 Case #2011-CT-020780AXXX Judge Bonavita

Facts The defendant was seen by police coming out of a bar into a parking lot having difficulty maintaining her balance, lethargic movements, stumbling, and leaning on her friend for support. The officer approached the defendant and her friend and noticed the defendant to have bloodshot eyes. The officer then noticed the defendant get into a car and drive off. She was stopped just outside of the parking garage as the officer believed she was impaired. A DUI officer was called and he noticed the defendant to have an odor of alcohol, flushed face, and watery/bloodshot eyes. She then performed the field sobriety tests on camera. After the tests, she was arrested for DUI. She then refused the breath test.
Defense Prior to trial, Parks & Braxton pointed out to the State the numerous conflicts between the initial officer's observations in the reports and what was captured on camera. We also pointed out that none of her "normal faculties" were impaired on video versus everything that was observed off camera.
Result The State Dropped the DUI.

12/6/2011 Case #2011-CT-7384 (JURY TRIAL) Judge Ritterhoff-Williams

Facts The defendant was stopped for driving all over the road, making a wide turn, and speeding. The officer noticed an odor of alcohol, slurred speech, red eyes, and unsteadiness. The defendant told the officer he drank nothing even though receipts from three bars showed numerous drinks had been consumed. The defendant performed the roadside tests and according to the officer he displayed signs of impairment. The incident was captured on video tape. He was arrested for DUI and then he refused the breath test. This was the defendant's Second DUI.
Defense At jury trial, Parks & Braxton attacked the credibility of the arresting officer based upon every part of his testimony in court versus what was captured on his in car camera. The firm was also able to show the defendant had metal femur and we pointed out to the jury that none of the defendant's alleged impairment was due to alcohol, but rather to his injured leg.
Result The Jury found the defendant Not Guilty.

12/5/2011 Case #CT-3436-XGA Judge Conrad

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant also admitted to drinking. The defendant refused the roadside tests was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

11/30/2011 Case #CT-004649-XEP Judge Courtney

Facts The defendant was stopped for running a red light. The officer observed an odor of alcohol, bloodshot eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he blew a .147 and .142 in the breath machine. This was the defendant's Second DUI.
Defense Parks & Braxton conducted an independent investigation the breath machine in question. The firm found maintenance and repair problems with the machine and brought those issues to the State's attention.
Result The State Dropped the DUI.

11/29/2011 Case #11-005928MM10A Judge Fry

Facts The defendant was stopped at a light in the right turn only lane. The defendant crossed over three lanes and made a left turn from the right lane. The officer that stopped the defendant observed an odor of alcohol, a flushed face and bloodshot eyes. On video the defendant performed the HGN (eye test), walk and turn, one leg stand and the finger to nose test. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI. He subsequently blew a .097 in the breath machine.
Defense Parks & Braxton filed a motion to suppress based on an unlawful stop. The officer cited the defendant for a violation of a traffic control device. However, there is a more specific statute which details what a person may and may not do when making a left turn. Specifically, the defendant never affected any other traffic when making the left turn.
Result The DUI was dropped on the day of the motion to suppress.

11/29/2011 Case #2011-CT-000872-A-E Judge Jewett

Facts The defendant was involved in a one car crash. When officers arrived, they noticed smoke and debris coming from the immediate area around the defendant's car. The defendant was then placed in the back of another officer's car for an extended period of time to await another officer. Once that other officer arrived, he made several DUI observations including the defendant having an odor of alcohol, stumbling and falling over into a patrol car, and he admitted drinking. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .157 and .153 in the breath machine. This was the defendant's Second DUI.
Defense Parks & Braxton filed and argued a motion to suppress. We argued that the defendant was unlawfully detained in the back of the initial patrol car and that the extended detainment was a "de facto arrest."
Result The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI.

11/22/2011 Case #CT-004713-XEP Judge Jeske

Facts The defendant was stopped for driving with no headlights and weaving. The officer observed an odor of alcohol and bloodshot eyes. According to the officer, she was unsteady on her feet. She refused the roadside tests and was arrested for DUI. She then refused the breath.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

11/21/2011 Case #2010CT002594-A-O Judge Ansbro

Facts The defendant was initially observed weaving from lane to lane. Next, the officer observed the defendant make an abrupt u-turn while screeching his tires. Finally, the officer clocked the defendant going 57mph in a 35 mph zone. After stopping the defendant, the officer observed an odor of alcohol and bloodshot eyes. Based on these observations the officer asked the defendant to perform field sobriety tests. On the walk and turn test the defendant started early and failed to walk heel to toe. On the one leg stand the defendant swayed and used his arms for balance. The defendant was arrested for DUI and refused to submit to a breath test.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was dismissed.

11/18/2011 Case #09-029268MM10A Judge Brown

Facts The defendant was observed passed out behind the wheel with the keys in the ignition and the engine running. An open bottle of beer was observed in the center console. The officer also observed a strong odor of alcohol, bloodshot eyes, and slurred speech. The defendant staggered as he exited the vehicle. Upon questioning, he admitted to drinking four or five beers and then performed several field sobriety tests. For example, on the walk and turn test, he failed to touch heel to toe and stepped off the line several times. On the finger to nose test, he failed to touch the tip of his nose with the the tip of his index finger. The officer subsequently located an open pint of rum that was about 5/6 empty. He was then arrested for DUI.
Defense Parks & Braxton filed a motion to suppress based on an unlawful detention.
Result The State conceded the motion and then Dropped the DUI.

11/16/2011 Case #09-018397MM10A Judge Lerner-Wren

Facts The defendant was involved in a traffic crash whereby he hit a tree and his vehicle was upside down. Two officers arrived on scene and observed an extremely strong odor of alcohol coming from the defendant. The defendant was slurring his words, was unsteady, and admitted to drinking six beers. The defendant was asked to perform field sobriety tests and he refused. He was placed under arrest for DUI and then subsequently kicked one of the officers and was charged with battery on a law enforcement officer as well as refusal to submit to DUI testing.
Defense Parks & Braxton filed a motion to suppress based on an unlawful arrest.
Result The State conceded the motion to suppress, Dropped the DUI, Battery charges, and refusal to submit to testing.

11/14/2011 Case #2390-XBG Judge Ortiz

Facts The defendant was the at fault driver in a rear end collision. The officers, upon arrival, observed the defendant to have an odor of alcohol, slow. slurred speech, and a flushed face. Due to the defendant's level of impairment, she was unable to complete any of the field sobriety exercises other than the finger to nose to which she showed several signs of intoxication. She was arrested for DUI and then refused the breath test.
Defense On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle.
Result The State Dropped the DUI.

11/14/2011 Case #3014-XED Judge Miranda

Facts The defendant was found by police passed out in a parked car on a sidewalk. The officer noticed an odor of alcohol, mumbled/slurred speech, and watery eyes. He performed very poorly the roadside tests and was arrested for DUI. After his arrest, he blew a .145 and .148 in the breath machine.
Defense Prior to trial, Parks & Braxton pointed out to the State that the breath tests should be excluded because one of the control tests was out of range during the tests. The State agreed.
Result The State Dropped the DUI.

11/9/2011 Case #CT-008938-SVI Judge Lefler

Facts The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol and glassy eyes. The defendant had difficulty exiting the vehicle and used the car for support. He admitted to drinking two beers and one glass of wine. He refused the roadside tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

11/9/2011 Case #CT-005975-XBN Judge Mcneil

Facts The defendant was stopped for weaving, driving to slow, and braking for no reason. The trooper observed an odor of alcohol, unsteadiness, and watery eyes. He performed poorly on the roadside tests according the trooper and was arrested for DUI. After his arrest, he blew a .145 and .142 in the breath machine.
Defense Parks & Braxton did an investigation into the breath machine in question and found numerous repair and maintenance problems with particular machine that the defendant provided the tests.
Result The State Dropped the DUI.

11/8/2011 Case #CT-003462-XGA Judge Jeske

Facts The defendant was stopped after making a quick lane change and almost striking a stopped vehicle. The officer observed an odor of alcohol and red bloodshot eyes. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
Defense Parks & Braxton prepared the case and were ready for trial.
Result The State Dropped the DUI.

11/8/2011 Case #2010-MM-019600AXXX Judge Bryson

Facts The defendant was stopped for striking a curb and weaving. The officer at the scene observed an odor of alcohol, slow and deliberate speech, and he admitted to having a few drinks. Due to various weight and medical issues, the defendant could not perform the one leg stand nor the walk and turn. He did, however, perform the finger to nose and alphabet. He was then arrested for DUI and resisting without violence as he allegedly pulled away while being cuffed. At the station, the other officer observed slurred speech and the defendant refused the breath test on video. There was no video tape at the scene.
Defense Parks & Braxton pointed out to the State prior to trial the numerous medical issues that the defendant suffered from, his weight issues, contradictions in the two officers' testimony as written, and the fact he actually performed well on the two roadside tests.
Result Prior to jury trial, the State Dropped the DUI and the defendant also received no conviction on the resisting without violence charge.

11/7/2011 Case #11-CT-501084 Judge Swett

Facts The defendant was stopped for speeding. The officer observed and odor of alcohol and bloodshot eyes. The defendant appeared unsteady when outside the vehicle. According to the officer, he performed poorly on the roadside tests and was arrested for DUI.
Defense Parks & Braxton pointed out to the State that a close reading of the police reports revealed that none of the defendant's "normal faculties" were impaired.
Result The State Dropped the DUI.

11/7/2011 Case #11-CT-500011 Judge Swett

Facts The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant showed several signs of impairment on the field sobriety tests which were video taped. After his arrest for DUI, he refused the breath test.
Defense Parks & Braxton prepared and filed a pre-trial motion to suppress. An investigation and pictures taken prior to the motion, revealed that there was no red light at the intersection in question. Those pictures were brought to the State's attention.
Result Just prior to the motion, the State Dropped the DUI.

11/7/2011 Case #3034-XDQ Judge Ortiz

Facts The defendant came in contact with police after he backed up into a parked cab. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officers, he had difficulty maintaining his balance upon exiting the car. He then performed very poorly on the roadside tests and was arrested for DUI.
Defense On the morning of trial, the State could not place the defendant in "actual physical control" of the motor vehicle.
Result The State Dropped the DUI.

10/28/2011 Case #11-CT-500650 Judge Mann

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. A DUI investigator was called to the scene and made similar observations. He was asked by the DUI officer if he had anything to drink and the defendant stated nothing at all. When he exited the car, he used the door for balance. He was then asked to perform field sobriety tests and he refused. He was then arrested for DUI and refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

10/27/2011 Case #10-11893MM10A Judge Brown

Facts The defendant was stopped for driving too slow and obstructing traffic. The initial officer observed a strong odor of alcohol and glassy watery eyes. He then observed the defendant having trouble exiting the vehicle and almost fell onto the street. The DUI officer made the same observations and administered several sobriety tests. After the walk and turn and one leg stand the defendant was arrested for DUI.
Defense Parks & Braxton filed a motion to exclude the testimony of the arresting officer based on his lack of an independent recollection.
Result On the morning of the motion the State dropped the DUI.

10/25/2011 Case #11-CT-000890000AKW (JURY TRIAL) Judge Miller

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. There were open containers of alcohol in the the car and the defendant admitted to having three to four drinks prior to driving. According to the officer, the defendant admitted that she may have been impaired, but was sober enough to drive home. According to the officer, she failed the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test.
Defense At Jury Trial, Parks & Braxton argued that the officer was not credible since his testimony in court was not consistent with how the defendant looked, spoke, and acted on the video tape presented by the State.
Result The Jury found the Defendant Not Guilty.

10/24/2011 Case #10-027224MM10A Judge Ross

Facts The defense rear-ended another vehicle resulting in a three car crash. The first officer conducted the accident investigation and turned the DUI investigation over to another officer. The second officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant performed several field sobriety tests including the one leg stand and the walk and turn test. On the one leg stand test the defendant failed to keep his foot off the ground and used his arms for balance. On the walk and turn test he stepped off the line several times and failed to touch heel to toe several times. The defendant was arrested for DUI and refused to submit to a breath test.
Defense Parks & Braxton filed a motion to suppress because the officers improperly detained the defendant at the scene of the accident without conducting a lawful investigation. At the motion to suppress, the first officer took the witness stand and changed his story several times. Based on his testimony the Judge ruled that the officer lacked credibility and granted the motion.
Result The motion was Granted and all of the evidence was thrown out. The DUI was dropped.

10/18/2011 Case #2009-CT-018411-A-O Judge Craner

Facts The defendant was stopped for running a red light. The officers observed an odor of alcohol, glassy eyes, slurred speech, and slow movements. The defendant used both hands while exiting the vehicle and was unsteady on his feet. He admitted to drinking two beers and then submitted to the roadside tasks which according to the officers he failed. He was then arrested for DUI.
Defense Parks & Braxton conducted a pre-trial investigation into the case. The investigation revealed that 15-30 minutes prior to the defendant's arrest, he was in contact with different officers while picking up his friend's vehicle who was also being arrested for DUI. Those officers observed no signs of impairment and let the defendant drive off in his friend's vehicle. The firm contended that the defendant could not have been impaired as the other officers would not have let an impaired person drive away.
Result Based on the above, the State Dropped the DUI on the morning of trial.

10/17/2011 Case #3406-XED Judge Denaro

Facts The defendant was stopped for weaving all over the road. The officer observed an odor of alcohol, slurred/confused speech, and a flushed face. She showed severe signs of impairment on all the field sobriety tests and was then arrested for DUI. After her arrest, she refused the breath test.
Defense On the morning of trial, the firm spoke to the arresting officer. He only had a very vague recollection of the case.
Result Based on the above, the State Dropped the DUI.

10/14/2011 Case #2010-CT-029597AXXX Judge Damico

Facts The defendant was stopped for failing to maintain a single lane and driving 40 miles per hour in a 55 mile per hour zone. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. He was unsteady on his feet and appeared confused. The defendant showed major signs of impairment on the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .168 and .167 in the breath machine. This was the defendant's Third offense.
Defense Parks & Braxton prepared and argued a motion to suppress the legality of the stop of the defendant's vehicle. We argued there was no probable cause to believe an infraction happened. We also put forth that there was no reasonable suspicion of crime to make the stop in addition to calling into question the officer's credibility during his testimony.
Result The Judge Granted the motion, threw out all the evidence, and the State Dismissed the DUI.

10/12/2011 Case #CT-007421-XEY Judge Mcneil

Facts The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, watery eyes, and he fumbled with his materials in the car. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense Parks & Braxton were ready for a trial.
Result Prior to trial, the State Dropped the DUI.

10/11/2011 Case #F10-019490 Judge Colodny

Facts The defendant was stopped by police for weaving, driving all over the road, and making cars take evasive action. Once stopped, the officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. He refused to perform the roadside tests and was arrested for DUI, Felony Agggravated Assault with a Deadly Weapon (ie. a car), and possession of marijuana which was found in the car. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI, dismissed the possession of marijuana charge, and amended the felony charge to a misdemeanor assault.

10/11/2011 Case #2849-XDQ Judge Seraphin

Facts The defendant was stopped for running a red light and almost broad-siding another car. The officer observed an odor of alcohol, slow speech, and he appeared to be disoriented. He failed the roadside tests and was arrested for DUI.
Defense The firm announced ready for trial.
Result On the morning of Jury trial, the State Dropped the DUI.

10/3/2011 Case #CT-009264-XEF Judge Lefler

Facts The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, bloodshot eyes, slow movements, and at times his speech was not coherent. He refused the roadside tests on video and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

10/3/2011 Case #CT-003308-XGA Judge Lefler

Facts The defendant was found passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and he appeared very lethargic. According to the officers, he failed the roadside tests. For example, on the walk and turn test, he stumbled on the turn and stepped off the line. On the one leg stand, he put his foot down, hopped and used his arms for balance. He was then arrested for DUI.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

9/28/2011 Case #CT-004244-XEP Judge Dominguez

Facts The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

9/19/2011 Case #2011-CT-019871AXXX Judge Evans

Facts The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
Defense Parks & Braxton conducted a pre-trial investigation into the underlying facts surrounding the defendant's initial contact/seizure with police.
Result The DUI was Dismissed.

9/19/2011 Case #4522-XDY Judge Seraphin

Facts The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Defense Parks & Braxton prepared and were ready for jury trial.
Result Just before jury selection, the State Dropped the DUI.

9/15/2011 Case #CT-005157-XEP Judge Greco

Facts The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

9/14/2011 Case #CT-002590-XEJ Judge Mcneil

Facts The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

9/12/2011 Case #4463-XDY Judge Denaro

Facts The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and watery eyes. According to the DUI officer, he could not perform the roadside tests at all due to his level of intoxication and was arrested for DUI.
Defense Parks & Braxton prepared the case for trial.
Result On the morning of trial, the State Dropped the DUI.

9/9/2011 Case #11-012849MM10A Judge NO JUDGE ASSIGNED

Facts The defendant was stopped for speeding and drifting. The Trooper observed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant admitted to drinking beer. He refused the roadside tests and the breath test. This was the defendant's Second DUI.
Defense Parks & Braxton were ready for trial.
Result The DUI was Dismissed pursuant to the rules of speedy trial.

9/1/2011 Case #CT-009453-XEF Judge Lefler

Facts The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

8/31/2011 Case #2011-CT-024827 Judge Baker

Facts The defendant was stopped for having no tag lights. The officer observed an odor of alcohol, slurred speech, and he was unable to keep his balance. He refused to do the roadside tests and was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI.
Defense Parks & Braxton prepared the case for trial.
Result On the morning of trial, the State Dropped the DUI.

8/31/2011 Case #CT-008134-XEF Judge Lefler

Facts The defendant was stopped for making a wide turn and not stopping for a green light. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. According to the officer, he failed the field soberiety tests and was arrested for DUI. After his arrest, he blew a .187 and .190 in the breath testing machine.
Defense Parks & Braxton filed and argued a motion to suppress the breath test results. In our motion, we alleged that the officer coerced, mis-stated, and misinformed the defendant of the law as it related to him taking a breath test as the defendant had an out of State driver's license.
Result The Judge Granted the motion and threw out the breath tests results. The State then Dropped the DUI.

8/25/2011 Case #CT-005168XEP Judge Greco

Facts The defendant was stopped for driving with no headlights. The officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. According to the officers, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she blew a .130 and .134 in the breath machine.
Defense The video at the scene contradicted the breath test results.
Result The State Dropped the DUI.

8/19/2011 Case #2011-CT-010538AXXX Judge Castor

Facts The defendant was stopped for speeding as he was driving over 100 miles per hour. The officer noticed an odor of alcohol. bloodshot eyes, and slurred speech. The defendant failed all the roadside tests. For example, he could not say the alphabet correctly. On the one leg stand, he lost his balance, almost fell, and put his foot down. He was arrested for DUI.
Defense During the investigation of the case, the defense presented medical evidence of a condition the defendnat suffers from which can make him appear to be intoxicated when he is not.
Result The State then Dropped the DUI.

8/17/2011 Case #CT-009560-XEW Judge Mcneil

Facts The defendant was stopped for weaving and drifting. The officer noticed an odor of alcohol and slurred speech. According to the officer, he performed poorly on roadside tests which were video taped. He was then arrested for DUI and subsequently refused the breath test.
Defense Parks & Braxton pointed out to the State that on video tape none of the defendant's normal faculties were impaired and we prepared the case for trial.
Result The State Dropped the DUI.

8/12/2011 Case #2010-CT-008976-O Judge Shoemaker

Facts The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, glassy eyes, and she stated she drank two beers. According to the officer, she did not perform well on the field sobriety tasks and was arrested for DUI. After her arrest, she blew a .110 and .114 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dismissed.

8/12/2011 Case #2011-CT-015212ASB Judge Castor

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and a blank stare. He exhibited slow dexterity and spoke in incoherent sentences. The defendant refused the roadside tests and was arrested for DUI. All of the alleged above was captured on video tape.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

8/10/2011 Case #48-2011-CT-006847-O Judge Plogstedt

Facts The defendant was stopped for speeding and drifting. The officer observed and odor of alcohol, she advised she drank beers, and she had red eyes. According to the officer, she performed poorly on the roadside tests which were video taped. She was then arrested for DUI.
Defense Parks & Braxton prepared the case for jury trial.
Result After announcing ready for jury trial, on the morning of trial the State Dismissed the DUI.

8/10/2011 Case #2011-CT-006831-O Judge Plogstedt

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and she was swaying. The defendant admitted to drinking. According to the officer she performed poorly on the roadside tests which were video taped. For example, on the walk and turn, she lost her balance and stepped off the line. On the one leg stand, she raised her arms for balance and put her foot down. The defendant was arrested for DUI and then refused the breath test.
Defense The video tape contradicted the officer's reports as it related to the defendant's level of impairment.
Result On the morning of jury trial, the State Dismissed the DUI.

8/8/2011 Case #2011CT020187AXXX Judge Mckibben

Facts The defendant was stopped for weaving as well as speeding (81mph/55mph zone). The officer observed an odor of alcohol, bloodshot eyes as well as slurred speech. The defendant performed several field sobriety tests. On the one leg stand the defendant dropped his foot down and counted improperly. On the walk and turn test the defendant stepped off the line and used his arms for balance. The defendant was arrested for DUI.
Defense Parks & Braxton announced ready for trial.
Result On the morning of trial the State dropped all DUI charges.

8/1/2011 Case #CT-007655XEY Judge Lefler

Facts The defendant was found passed out in his car in a parking lot. His friends had driven him there and he decided not to drive and just sleep it off. The officers noticed an odor of alcohol, bloodshot eyes, and swaying. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .191 and .189 in the breath machine.
Defense The State could not prove he had the "capability" of operating the motor vehicle while he was sleeping and there was no evidence he even drove the car while he had ever been drinking.
Result The DUI was Dismissed.

7/26/2011 Case #CT-008477-XEF Judge Conrad

Facts The defendant was found by police sleeping in her car in a parking lot. The officers observed an odor of alcohol and glassy eyes. The defendant stated she had an unknown amount of drinks and was going to sleep it off. She performed very poorly on the roadside tests and was arrested for DUI. She then blew a .152 and .156 in the breath machine.
Defense Parks & Braxton pointed out to the State that one cannot be in actual physical control of the car if they do not have the "capability" of operating the motor vehicle while sleeping.
Result The State Dropped the DUI.

7/26/2011 Case #11-502122-CT Judge Hayward

Facts The defendant was the at fault driver in a crash. Officers observed an odor of alcohol, slurred speech, and red eyes. He was falling asleep as officers were talking to him. The officers suspected the defendant was impaired by a chemical and/or controlled subtance during their investigation, NOT alcohol. The defendant performed very poorly on roadside tests and was arrested for DUI. He then refused to give a urine test.
Defense Parks & Braxton pointed out to the State that they could not prove by what chemical and/or controlled substance the defendant was impaired by as required by Florida law.
Result The DUI was Dismissed.

7/21/2011 Case #CT-009691-XEW Judge Greco

Facts The police were called by a drive-thru owner at a fast food restaurant that the defendant appeared intoxicated. The police arrived and observed the defendant to have an odor of alcohol, red eyes, and slow/slurred speech. She was being non-compliant with the officer's commands and had difficulty exiting the vehicle. She refused the roadside tests, was arrested for DUI, and then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

7/20/2011 Case #10-002171MM10A Judge Murphy

Facts The defendant was stopped for weaving at least four times over a two block distance. The officer observed an odor of alcohol, bloodshot eyes, flushed face and extremely slurred speech. Upon exiting, the defendant was completely unsteady and staggering from side to side. The defendant performed and allegedly failed the HGN (eye test), one leg stand as well as the walk and turn test. The defendant was arrested and blew a .170 in the breath machine.
Defense Parks & Braxton took a deposition of the initial stopping officer. The officer testified that the defendant did not affect other traffic nor did he suspect that the defendant was DUI until after the stop. Parks & Braxton filed a motion to suppress based on an unlawful stop.
Result On the morning of the hearing the Prosecutor conceded the motion and dropped the DUI.

7/20/2011 Case #CT-0000198-XEX Judge McNeil

Facts The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, bloodshot eyes, and she appeared confused and slow in her movements. She admitted to drinking at a bar and appeared very unstable on her feet. She refused the field sobriety tests, was arrested for DUI, and then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

7/18/2011 Case #2009-CT-017756-O Judge Miller

Facts The defendant was stopped for speeding. The officer noticed slow speech and an odor of alcohol. She admitted to drinking and then performed poorly on the roadside tests. After her arrest for DUI, she blew a .173 and a .181.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dismissed.

7/13/2011 Case #2010-CT-001331-O Judge Adams

Facts The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, and the defendant admitted drinking 4 beers. He performed poorly on the roadside tests and was arrested for DUI.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dismissed.

7/13/2011 Case #2010-CT-002538-O Judge Bell

Facts The defendant was stopped for failure to maintain a single lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. The defendant then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dismissed.

7/13/2011 Case #10-010491MM10A Judge Diaz

Facts The defendant was stopped for driving on the wrong side of the road towards oncoming traffic. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The initial officer then called for a DUI Task Force officer to conduct an investigation. The defendant performed several field sobriety tests on video. Each sobriety test indicated that the defendant was impaired by alcohol. The defendant was then arrested for DUI. Subsequently, the defendant blew a .126 in the breath machine. This was the defendant's Third DUI offense.
Defense Parks & Braxton filed a motion to suppress based on an unlawful stop of the defendant. The officer cited the defendant with violating Florida Statute 316.081(1)(driving on the wrong side of the road). The defense argued that because of the width of the road, the obstructions on the street, and the lack of a center line, that the defendant was entitled to drive on the wrong side of the road.
Result The State agreed with the motion and Dropped the DUI.

7/12/2011 Case #11000195CTMA Judge Christine

Facts The defendant crashed his car into a curb and some shrubbery. The officer noticed an odor of alcohol, glassy eyes, and an inability to maintain his balance. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared the case for trial.
Result The State Dropped the DUI.

7/11/2011 Case #CT-006410-STF Judge Lefler

Facts The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. Since he was transported to the hospital, a breath test was not practical and neither were roadside tests. A blood draw was ordered and the results of the defendant's blood alcohol content were .110 and .109. He was arrested and charged with DUI.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dropped.

6/24/2011 Case #2010-CT-032268AXXX Judge Damico

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and glassy eyes. She admitted drinking one drink and then refused the roadside tests. After her arrest for DUI, she blew a .092 and .088 in the breath machine.
Defense Parks & Braxton prepared the case for jury trial.
Result The State Dropped the DUI.

6/21/2011 Case #10-012082MM10A Judge Murphy

Facts The defendant was allegedly involved in a traffic crash. When the DUI officer arrived, he ordered the defendant out of the car and observed an odor of alcohol, slurred speech, and watery eyes. He was off balance upon exiting the car. According to the officers, he failed the field sobriety tests an was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton filed and argued a pre-trial motion to suppress. The defense argued that the DUI officer had seized the defendant by turning on his overhead lights without seeing any damage nor making any DUI observations until ordering the defendant out of the car. The motion was granted and all the evidence was thrown out.
Result The DUI was Dismissed.

6/21/2011 Case #CT-000218-XEH Judge Jeske

Facts The defendant was stopped for running a stop sign. He admitted having two beers. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was swaying. According to the officer he failed all the roadside tests which were video taped. For example, he put his foot down on the one leg stand and used his arms for balance. He was subsequently arrested for DUI. After his arrest, the defendant blew a .109 and .111 in the breath machine.
Defense Parks & Braxton prepared the case for trial. We pointed out to the State that the video tape contradicted the officer's report as it related to his descriptions of the roadside tests.
Result The State Dropped the DUI.

6/8/2011 Case #10-011356MM10A Judge Robinson

Facts The defendant was detained while driving through a DUI checkpoint. Upon making contact with the driver the officer observed an odor of alcohol, glassy/bloodshot eyes and slurred speech. A DUI officer was requested to complete the investigation. The defendant performed several field sobriety tests. On the one leg stand he placed his foot on the ground several times. On the walk and turn test he stumbled off the line. He was arrested for DUI. He subsequently blew a .147 in the breath machine.
Defense Parks & Braxton filed a motion to exclude the breath test from evidence based on coercion. While the officer never misstated the law, he failed to mention the possibility of obtaining a hardship permit if he refused to submit to the test. The defendant was led to believe that taking the breath test was a better option.
Result The motion was granted and the breath test was excluded from evidence. The State subsequently dropped the DUI.

6/7/2011 Case #11CT500687 Judge Mann

Facts The defendant was involved in a motorcycle crash. Based on the injuries sustained in the accident, the defendant was transported to a hospital. After making observations consistent with DUI including bloodshot eyes and an odor of alcohol, the defendant was charged with DUI. The defendant had a .124 blood alcohol level.
Defense Parks & Braxton filed a motion to prevent the prosecutor from using the .124 blood alcohol level because it violated the client's medical privacy rights. A hearing was held in front of Judge Mann who agreed with the defense. The State was prohibited from using the blood test.
Result The State dropped the DUI.

6/7/2011 Case #5032-XEP Judge NO JUDGE ASSIGNED

Facts The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and unsteadiness. She performed poorly on roadside tests and was arrested for DUI. She then blew a .180 and .169 in the breath machine.
Defense Parks & Braxton filed a notice of expiration for a speedy trial violation.
Result The DUI was Dismissed.

6/6/2011 Case #09-025745MM10A Judge Gottleib

Facts The defendant was involved in a crash. The accident investigator observed an odor of alcohol, bloodshot eyes and unsteadiness on her feet. He subsequently called for a DUI officer. The DUI officer made the same observations as well as slurred speech and a flushed face. He then asked her to perform field sobriety tests on video. The tests contradicted one another. On the walk and turn test she failed to touch heel to toe and stumbled off the line. In addition, she failed to maintain the instructional stance. On the one leg stand she performed well. She was arrested for DUI and refused a breath test.
Defense The defense announced ready for trial.
Result On the morning of trial the State dropped the DUI.

6/6/2011 Case #7204-XDL Judge Krieger-Martin

Facts The defendant was stopped at a roadblock checkpoint. The officers observed an odor of alcohol, glassy eyes, and fast speech. According to the officers, he failed the roadside tests and was arrested for DUI. He blew one breath result in the breath machine machine with a recording of a .102. This was the defendant's second DUI arrest.
Defense Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the written roadblock guidelines gave too much discretion to the the officers working the checkpoint in contradiction to Florida case law.
Result Prior to the motion, the State Dropped the DUI. This was the second DUI case we won for this client.

6/6/2011 Case #CT-000244-XEX Judge Jeske

Facts The defendant was stopped for having no running lights on the back of his car. The officer observed an odor of alcohol, bloodshot eyes, an admission of drinking, and swaying. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test.
Defense The video tape contradicted the officer's reports.
Result The State Dropped the DUI.

5/31/2011 Case #2010-CT-003782 Judge Clark

Facts The defendant was found by police in his car which was stuck on the side of the road up against a median. The officers observed an odor of alcohol, slurred speech, and swaying. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .150 and .136 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dismissed.

5/24/2011 Case #CT-009623-FXP Judge Jeske

Facts The defendant was stopped for failing to yield to a pedestrian in a cross walk. The defendant appeared sluggish, droopy eyelids, glassy eyes, and slurred speech. The officer thought she was impaired by a chemical and/or controlled substance. She performed very poorly on roadside tests and was arrested for DUI.
Defense The State could not prove by which chemical and/or controlled substance the defendant was impaired by pursuant to Florida Statutes.
Result The DUI was Dismissed.

5/13/2011 Case #10-015435MM10A Judge Murphy

Facts The defendant was involved in a crash. Both the crash investigator as well as the first officer on scene identified the defendant as the at-fault driver in the accident. The officers observed an odor of alcohol, bloodshot eyes as well as slurred speech. When asked for his license, he responded "I think I left it with my bar tab". An independent witness identified the defendant as the driver of the vehicle. Subsequently, a DUI officer was asked to conduct field sobriety tests. The defendant performed the one leg stand, walk and turn test, rhomberg balance as well as the finger to nose test. As a result of his poor performance on the roadside tests he was arrested for DUI. He subsequently blew a .220 in the breath machine.
Defense Parks & Braxton filed a motion to exclude all of the evidence based on no reasonable suspicion to detain the defendant. The arresting officer failed to speak directly with the independent witness, instead relying on the hearsay statements from the crash investigator.
Result On the morning of the motion to suppress the State dropped the DUI.

5/10/2011 Case #10-CT-00190801XXLD Judge Griffin

Facts The defendant was stopped for weaving a couple of times. The officer observed and odor of alcohol, bloodshot eyes, and she admitted to drinking Long Island Iced Teas. She performed poorly on the field sobriety tests. For example, on the walk and turn, she lost her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and then refused the breath test.
Defense Parks & Braxton took a pre-trial deposition of the officer who made the traffic stop. In that deposition, the defense established no other traffic was affected and the officer had no reason to believe the defendant was impaired.
Result Prior to filing a motion to suppress, the State Dropped the DUI.

5/9/2011 Case #3259-XED Judge Miranda

Facts The defendant was involved in a crash whereby he hit a concrete wall. The officers observed an odor of alcohol, thick tongued speech, and watery eyes. He failed all the roadside tests and was arrested for DUI. After his arrest for DUI, he blew a .195 and .199 in the breath machine.
Defense On the morning of trial, the State could not place the defendant in actual physical control of a motor vehicle.
Result The DUI was Dismissed.

5/9/2011 Case #3192-XEJ Judge Krieger-Martin

Facts The defendant was the at fault driver in a rear-end crash. The officers observed an odor of alcohol and bloodshot eyes. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. This was his Second DUI offense.
Defense Parks & Braxton filed a pre-trial motion to Dismiss. In our motion, we alleged that the police department in question had a mandatory policy to video tape all DUI investigations and in our case they did not tape the defendant violating their policy.
Result On the morning of trial, the State Dropped the DUI.

5/9/2011 Case #3834-XED Judge Krieger-Martin

Facts The defendant was stopped for running a red light. The officer observed an odor of alcohol, watery eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .099 and .097 in the breath machine.
Defense Parks and Braxton prepared the case for trial. The defense pointed out to the State that due to the .02 margin of error in the breath machine, the defendant could have been under the legal limit. Also, the officer did not write any specifics about the roadside tests in his reports.
Result The DUI was Dismissed.

5/5/2011 Case #10-016713MM10A Judge Brown

Facts The defendant was involved in a crash where it was determined that he was the "at fault" driver. After speaking with civilian witnesses the officers observed an odor of alcohol, flushed face as well as bloodshot eyes. The defendant was also staggering outside of the vehicle. The officers administered the walk and turn, one leg stand as well as the finger to nose test. The defendant was unable to perform the tests almost falling to the ground. He was arrested and blew a .175 in the breath machine.
Defense Parks & Braxton filed a motion to dismiss based on an unlawful arrest. Specifically, that the arresting officer failed to take part in the accident investigation in a meaningful way.
Result The Judge Granted the motion. The DUI was DISMISSED.

5/4/2011 Case #10-004349MM10A (JURY TRIAL) Judge Robinson

Facts The defendant was passed out in his vehicle with the keys in the ignition and the engine running. There was a bottle of crown royal whiskey in the passenger seat. The officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant was asked to perform a series of field sobriety tests. On video the defendant performed the one leg stand, walk and turn, HGN (eye test) as well as the finger to nose test. The defendant failed each test. The defendant was arrested for DUI and asked to provide a breath test. He responded by saying "F no, I'm gonna beat you in court".
Defense At trial, Parks & Braxton argued to the jury that the law requires that the defendant have the capability to operate the vehicle in order to be DUI. Therefore, since the defendant was sleeping, he lacked the necessary capability to operate the car.
Result The Jury found the defendant NOT GUILTY.

4/25/2011 Case #9627-XEX Judge Wolfson

Facts The defendant was stopped for speeding. The officer noticed an odor of alcohol, low speech, and bloodshot eyes. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .117 and .121 in the breath machine.
Defense Parks & Braxton prepared and were ready for trial.
Result The State Dropped the DUI.

4/25/2011 Case #8309-XEE Judge Wolfson

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The officer who made the traffic stop then called for a DUI officer. The defendant then performed the roadside tasks. He performed poorly and was arrested for DUI. He then refused the breath test.
Defense An investigation by Parks & Braxton revealed the officer who made the traffic stop was under a criminal investigation.
Result The State Dropped the DUI.

4/21/2011 Case #09-020805MM10A Judge Brown

Facts The defendant was observed by a deputy sheriff crashing her car into a concrete barrier. The deputy then called for a DUI officer to conduct the investigation. The DUI officer observed unsteadiness and bloodshot eyes. The defendant admitted to drinking and taking xanax. The defendant was placed on video at the breath alcohol testing facility and again admitted to taking xanax. She refused to submit to all testing.
Defense Parks & Braxton filed a motion to suppress for lack of probable cause to arrest for DUI. At the hearing, both officers testified. The first officer admitted that the crash could have occurred for reasons other than impairment. The DUI officer's testimony was inconsistent with the first officer on scene.
Result In the middle of the second officer's testimony the State agreed to drop the DUI.

4/20/2011 Case #2010-CM-019809 Judge McNeil

Facts The defendant was seen by the police officer parked on the side of the road. The officer went up to the car and observed an odor of alcohol, slurred speech, and red eyes. She was also very unsteady on her feet. She performed very poorly the roadside tests on video tape and was arrested for DUI. While in the back of the patrol car, she started kicking out the back window and was also charged with criminal mischief along with DUI. She then refused the breath test.
Defense Parks & Braxton raised an issue with the State that the officer had no right to order her to roll down her window or order her out of the car without probable cause or reasonable suspicion of crime.
Result The State Dropped the DUI and dismissed the criminal mischief.

4/20/2011 Case #CT-001506-FQE Judge McNeil

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. He performed three field sobriety tests. For example, on the walk and turn, he stepped off the line and did not touch heel to toe. On the one leg stand he swayed and put his foot down. The defendant was then arrested for DUI.
Defense Parks & Braxton pointed out to the State that on video the defendant's normal faculties were not impaired and we were ready for trial.
Result The DUI was Dismissed.

4/15/2011 Case #09-002439CTMA Judge Christine

Facts An anonymous call went out over dispatch that the defendant was driving all over the road. The officer spotted the defendant pulling into a rest stop. A traffic stop was conducted. The officer noticed an odor of alcohol, slurred/mumbled speech, and swaying once out of the car. He had to use the car for balance. He refused the field tests and was arrested for DUI.
Defense Under Florida and Federal case law, the officer must see some driving pattern consistent with the caller's description of the driving pattern due to the call being anonymous.
Result Since there was no corroboration of the driving pattern, the State Dropped the DUI.

4/14/2011 Case #10-007617 Judge Gottleib

Facts The defendant was stopped for speeding. The stopping officer observed a strong odor of alcohol, bloodshot watery eyes as well as slurred speech. Based on those observations he contacted another officer to conduct the DUI investigation. The DUI officer arrived and conducted several field sobriety tests. On the one leg stand the defendant hopped and dropped his foot 2 times. On the finger to nose test, he failed to touch his nose on every attempt. On the walk and turn test he failed to walk heel to toe and stepped off the line. He was arrested for DUI and refused to provide a breath test. The defendant had his son in the car and was charged with an enhanced DUI.
Defense Despite the allegations made by the officers, the video contradicted many of their observations. The defendant was advised by Parks & Braxton to go to trial.
Result The State dropped the DUI.

4/13/2011 Case #10-021829MM10A Judge Gottleib

Facts The defendant was the at fault driver in a traffic crash. The first officer made observations that were consistent with impairment from alcohol. A DUI task force deputy was called to the scene who observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, the defendant seemed lethargic on video. The defendant performed the HGN (eye test), Walk and turn, as well as the finger to nose test. On The walk and turn test the defendant missed heel to toe, started to soon and took too many steps in both directions. On the finger to nose test the defendant missed the tip of his nose on 5 of the 6 attempts. He was arrested for DUI and refused to submit to a breath test.
Defense Parks & Braxton provided a medical explanation with documentation for the DUI observations the officer made during the investigation.
Result In a meeting with the Prosecutor, the State agreed to drop the DUI.

4/7/2011 Case #10-015053MM10A Judge Solomon

Facts The defendant was stopped for driving without headlights. After observing a strong odor of alcohol, red bloodshot eyes and unclear speech, the initial officer called for a DUI task force deputy. The defendant performed several field sobriety tests. On the one leg stand he counted improperly on video. He was subsequently arrested for DUI and refused to submit to a breath test.
Defense After reviewing the reports and video, Parks & Braxton set up a meeting with the supervising prosecutor. During the meeting, all of the weaknesses of the case were brought to the attention of the State.
Result After the meeting, the State agreed to drop the DUI.

4/5/2011 Case #CT-0009454-XDY Judge Conrad

Facts The police came upon the defendant's car in a ditch running, the car was in park, and the defendant was sleeping. The officer observed the defendant to have an odor of alcohol, used the car for support, and red eyes. According on the officer, she performed poorly on the field sobriety tests which were taped. She was then arrested for DUI and refused the breath test.
Defense Parks & Braxton prepared and were ready for trial. The defendant had no capability to operate the car while she was sleeping. Also, the video contradicted the officer's reports.
Result The State Dropped the DUI.

4/5/2011 Case #CT-004219-XEV Judge Conrad

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having a few drinks. The defendant used the car for balance and according to the officer performed poorly on the field sobriety tests. After his arrest for DUI, he blew a .112 and .117 in the breath machine.
Defense Parks & Braxton pointed out to the State that on video tape none of the defendant's normal faculties were impaired. We also pointed out to the State that the control tests on the breath machine were reading high which could have made the breath results mistakenly higher.
Result The State Dropped the DUI.

4/4/2011 Case #CT-005917-XEC Judge Jeske

Facts The defendant was stopped for having no headlights on. The officers observed an odor of alcohol, glassy eyes, and thick tongued speech. According to the officers, he performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test.
Defense Parks & Braxton prepared and were ready for a trial.
Result The State Dropped the DUI.

4/4/2011 Case #3492-XEJ Judge Seraphin

Facts The defendant was found passed out in his car by police in a parking lot. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant was confused, disoriented, and unsteady. On video, he performed very poorly on the field sobriety tests. He was then arrested for DUI.
Defense Parks & Braxton pointed out to the State that the arresting officer misinformed the defendant about the consequences of refusing the roadside tests on tape.
Result The State Dropped the DUI.

3/30/2011 Case #2011-CT-000064 (JURY TRIAL) Judge Epperson

Facts The defendant was stopped for making a wide right turn, cutting across three lanes of traffic, and weaving for four to five miles. The officer who made the traffic stop observed an odor of alcohol, very slurred speech, and bloodshot eyes. He then called for a DUI Task Force Officer. That officer, who is also a Drug Recognition Expert, arrived and conducted a DUI investigation. He observed an odor of alcohol, swaying, and red/glossy eyes. The defendant performed roadsides which were video taped at the scene. According to the DUI Task Force Officer, he performed poorly and was arrested for DUI. After his arrest, he was on tape in the patrol car cursing and stating he wished the officers were dead. He then refused the breath test.
Defense At jury trial during cross examination, Parks & Braxton got the arresting officer to admit to lying at least seven separate times. In addition on cross examination, the stopping officer's testimony contradicted the arresting officer's testimony.
Result The Jury found the defendant Not Guilty in five minutes.

3/30/2011 Case #2010-CT-016854-A-0 Judge Brewer

Facts The defendant was stopped for weaving on the roadway in his ATV. The officer observed a flushed face, swaying, staggering, and watery eyes. The defendant was unable to stand so for safety reasons no roadsides were conducted. The officer arrested the defendant for DUI believing he was impaired by a chemical and/or controlled substance.
Defense The State could not prove by which chemical and/or controlled substance the defendant was impaired by pursuant to Florida Statutes.
Result The State Dismissed the DUI.

3/25/2011 Case #2010-CT-028545AXX Judge Damico

Facts The defendant was found by the police passed out in his car at a turn lane where the light was red. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had three to four beers. According to the officer's vague report, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Defense Parks & Braxton took a pre-trial deposition of the arresting officer. In the depo, the defense brought out all the good things the defendant did on the field sobriety tasks which contradicted the officers vague report.
Result The State Dropped the DUI.

3/24/2011 Case #10-000925MM10A Judge Fry

Facts The defendant was stopped for driving at night without headlights. In addition, the vehicle was smoking heavily. The officer made some observations that are consistent with DUI and subsequently called for a DUI task force deputy. The deputy observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The deputy than had the defendant perform several field sobriety tests on video. The defendant was arrested for DUI and blew a .112 in the breath machine.
Defense Parks and Braxton attempted to take an independent statement from the officer who stopped the defendant. After the officer failed to appear, Parks and Braxton filed a rule to show cause as to why the officer should not be held in contempt of court for failing to appear at the deposition. On the day of the hearing, the prosecutor agreed to drop the DUI if Parks and Braxton agreed not to pursue the rule to show cause.
Result The State dropped the DUI.

3/24/2011 Case #2010-MM-011073-A Judge Schott

Facts The defendant was found by police with his car pressed up against a stop sign. The officer noticed an odor of alcohol, red eyes, and slurred speech. There was also beer in the car. At the scene, he performed poorly on roadside tests and was arrested for DUI. Back at the station, and after his arrest, he performed the roadsides again on video tape.
Defense Parks & Braxton pointed out to the State that the roadside tests at the scene were completely contradicted by his video taped performance at the station.
Result The State Dropped the DUI.

3/18/2011 Case #07-028028MM10A Judge Ross

Facts The defendant was stopped for failing to yield while cutting off a police officer. The stopping officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The officer then called for a DUI task force deputy. After making the same observations the deputy had the defendant perform field sobriety tests. Subsequent to his performance, the defendant was arrested for DUI.
Defense Parks & Braxton filed a motion to exclude any mention of the field sobriety tests based on police coercion. The Judge agreed and excluded any mention of the sobriety tests. The State took the case up on appeal. Eventually, the appeal was dismissed.
Result The DUI was subsequently Dismissed.

3/9/2011 Case #09-014595MM10A Judge Lerner-Wren

Facts The police received an anonymous tip of a drunk driver. The officer made a contact with the defendant and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having "4 vodka drinks". The defendant performed field sobriety tests both at the scene as well as at the jail. The field sobriety tests at the jail were on video. The defendant's performance on the field sobriety tests clearly indicated that the defendant was in fact impaired. The defendant was arrested for DUI.
Defense Parks & Braxton presented a witness to the State Attorney's Office to testify that the defendant was not the true driver of the vehicle.
Result After the witness testified, the State DISMISSED the DUI.

3/9/2011 Case #08-0115364MM10A Judge Lerner-Wren

Facts The defendant was stopped by several officers for driving 80mph in a 45mph zone. Upon making contact with the defendant the deputy observed an odor of alcohol, bloodshot eyes and slurred speech. Upon questioning the defendant did not know which county he was in. The DUI task force officer was called to the scene who observed the defendant to be unsteady on his feet. The defendant performed several field sobriety tests and was arrested for DUI. The defendant blew a .174 in the breath machine.
Defense Parks & Braxton filed a motion to exclude the breath test from evidence based on a violation of substantial compliance with the regulations.
Result The motion was granted and the State dropped the DUI.

3/8/2011 Case #CT-008331-XEF Judge Conrad

Facts The defendant was stopped for weaving and speeding. The officer observed and odor of alcohol and watery/glassy eyes. According to the officer, she performed poorly on the field sobriety tests which were video taped. She was then arrested for DUI and then refused the breath test.
Defense Parks & Braxton pointed out to the State that the video contradicted the officer's reports and that the defendant's normal faculties were not impaired. The firm was prepared and ready for trial.
Result The State Dropped the DUI.

3/3/2011 Case #10-002891MM10A Judge Lerner-Wren

Facts The defendant was stopped for speeding (64mph in a 40mph zone). Contact was made with the defendant and the officer observed slurred speech, bloodshot eyes and a strong odor of alcohol. The defendant admitted to drinking 4 Heinekens. The defendant allegedly performed poorly on the walk and turn, one leg stand, as well as the finger to nose test. The defendant was subsequently arrested for DUI. This was the defendant's 2nd DUI.
Defense Parks and Braxton received information that the arresting officer was under investigation for theft. In addition, the evidence clearly did not support the officer's contention that the defendant failed the field sobriety tests.
Result The State dropped the DUI.

3/2/2011 Case #CT-000151-XEH Judge Dominguez

Facts The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine.
Defense Parks & Braxton prepared the case and were ready for a trial.
Result The State Dropped the DUI.

2/28/2011 Case #8184-XEE Judge Krieger-Martin

Facts The defendant was stopped for making an improper turn by driving over the median. Officers observed an odor of alcohol, bloodshot eyes, and low speech. The defendant performed the roadside tests at the request of the officer. For example, on the finger to nose, he did not remove his finger from his nose and missed the tip of his nose. On the walk and turn, he paused to regain his balance and raised his arms for balance. He was then arrested for DUI.
Defense On the morning of trial, the DUI officer could not remember any specifics about any of the roadside tests upon questioning by the defense.
Result The State Dropped the DUI.

2/24/2011 Case #2010-MM-011381A Judge Herr

Facts The defendant was found passed out in his car on the grass next to the roadway. The officer approached the car and ordered the defendant out of the car upon awaking him. The officer then noticed an odor of alcohol, thick tongued speech, a confused look, and he almost fell to the ground. The defendant could not perform the roadside tests due his intoxicated condition. He was arrested for DUI and then blew a .222 and .223 in the breath machine.
Defense Parks & Braxton filed a motion to suppress evidence. In our motion, we alleged that the the defendant was illegally ordered out the car.
Result The Judge Granted the motion and threw out all the evidence. The State then Dismissed the DUI.

2/24/2011 Case #10-CT-5376 Judge Epperson

Facts The defendant was stopped by police after his wife called police that he was drunk and they had a verbal argument. The officer noticed an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test.
Defense Parks & Braxton were prepared and ready for trial.
Result The DUI was Dismissed.

2/23/2011 Case #09-007940MM10A (JURY TRIAL) Judge Brown

Facts The defendant was stopped for driving at a high rate of speed and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the car, the defendant was uneasy on his feet, and used the car for support. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Defense At Jury Trial, Parks & Braxton argued there were conflicts in the evidence and we also argued the defendant's normal faculties were not impaired.
Result The Jury found the defendant Not Guilty.

2/23/2011 Case #2010-CT-019242AXXX (JURY TRIAL) Judge Bonavita

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant used the door for balance while exiting the car and was slow in his responses to the officer. He performed roadside tests at the request of the officer. For example, on the leg stand, he put his foot down and swayed. On the walk and turn, he missed heel to toe, stumbled on the turn, took an incorrect number of steps, and used his arms for balance. On the alphabet test, he mixed up all the letters after the letter "W". He was arrested for DUI and then refused the breath test.
Defense At trial, Parks & Braxton argued their were numerous conflicts in the evidence which led to a reasonable doubt. Also, the defendant testifed in his own defense.
Result The Jury found the Defendant Not Guilty.

2/22/2011 Case #08-025738MM10A Judge Brown

Facts The defendant was found passed out in his car by the police in a parking lot. The officers, upon waking up the defendant, noticed an odor of alcohol, watery eyes, and slow speech. The defendant stated he drank three mixed drinks. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .107 and .101 in the breath machine.
Defense Parks & Braxton took pre-trial depositions of the officers in question. Based on the depos, the State could not establish the defendant was in actual physical control of the vehicle since he had no "capability" of operating the vehicle while asleep. Furthermore, the officers had no right to order the defendant out of the car on the sole fact that he was sleeping.
Result The State Dropped the DUI.

2/11/2011 Case #2010-CT-032265AXXX Judge Castor

Facts The defendant was involved in crash whereby he hit the back of a police car which was on a traffic stop. The officer noticed an odor of alcohol, red/ glassy eyes, a bottle of tequila in the car, and balance problems. The defendant performed very poorly on roadside tests which were video taped. He was then arrested for DUI.
Defense Parks & Braxton prepared and filed a motion to suppress the roadside tests. In our motion, we alleged that the officer misinformed the defendant about the consequences of taking the roadside tests on tape.
Result Prior to the motion hearing, the State Dropped the DUI.

2/10/2011 Case #10-CM-015864 Judge Conrad

Facts The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia.
Defense Parks & Braxton prepared the case for trial.
Result The DUI was Dropped and the drug charges were Dismissed.

2/8/2011 Case #08-0027943MM10A (JURY TRIAL) Judge Cowart

Facts The defendant initially ran a red light cutting off a police officer. The officer followed the defendant and observed him tailgating several vehicles and failing to maintain a single lane. The officer stopped the defendant and further observed an odor of alcohol, red watery eyes and a flushed face. The defendant performed the walk and turn and finger to nose test on video and was subsequently arrested for DUI. The defendant blew a .085 in the intoxilyzer. This was the defendant's 2nd DUI.
Defense Parks & Braxton reviewed the case and announced ready for trial. Despite showing some unsteadiness on the walk and turn test, the video was positioned in such a way whereby it was impossible to see his feet. Furthermore, none of the driving pattern that the officer observed was captured on video.
Result After Jury Selection the State dropped the DUI.

2/3/2011 Case #2010-CT-103186 Judge Kelly

Facts The defendant was found by police passed out in his vehicle. The officer observed loud speech, bloodshot eyes, and an odor of alcohol. He was also leaning against the car for support and stated he had three beers. According to the officer, he performed poorly on the video taped roadside tests. He was then arrested for DUI.
Defense Parks & Braxton were ready for trial. We pointed out to the State that none of the defendant's "normal faculties were impaired."
Result The State Dropped the DUI.

1/31/2011 Case #48-2009-CT-001342 Judge Ansbro

Facts The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test.
Defense Parks & Braxton prepared the case for a trial.
Result The DUI was Dismissed.

1/24/2011 Case #573896-X (JURY TRIAL) Judge Gayles

Facts The defendant was stopped for driving with no headlights, speeding, and weaving two times. The officer who made the stop observed an odor of alcohol, slurred speech, red eyes, and a flushed face. He also observed the defendant to have very poor balance. In other words, according to the officer, the defendant could hardly stand up without the use of his van. He then called for a DUI officer who made somewhat similar observations. That officer conducted the HGN (eye test). It then started to rain heavily, so the the officers arrested the defendant for DUI. This was the defendant's FOURTH DUI.
Defense At jury trial, Parks & Braxton attacked the testimony of both officers by pointing out through cross examination numerous inconsistencies. For example, the DUI officer never observed the defendant to be off balance, unsteady, or unstable like the first officer.
Result The Jury found the defendant Not Guilty in less than ten minutes.

1/20/2011 Case #08-3403MM10A Judge Lerner-Wren

Facts The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI.
Defense Parks & Braxton filed a motion to exclude the breath test from evidence. The motion was granted and the breath test was excluded from evidence.
Result Subsequent to losing the breath test evidence the State dropped the DUI.

1/19/2011 Case #10-CT-500193 (JURY TRIAL) Judge Gonzalez

Facts The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests for the officer which were not video taped. For example, on the walk and turn, he fell backwards, did not touch heel to toe, and used his arms for balance. On the one leg stand, he put his foot down four times and swayed. The defendant was very argumentative with the arresting officer after his arrest for DUI. He then refused the breath test.
Defense Parks & Braxton attacked the credibility of the arresting officer at trial on every point of his testimony.
Result The Jury found the Defendant Not Guilty in less than fifteen minutes.

1/19/2011 Case #CT-10-5372ELASP Judge Carballo

Facts The defendant was stopped as he drove around a police car almost striking that patrol car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The officer noticed swaying and stumbling. The defendant stated he had three beers. According to the officer, he failed the roadside tests which were video taped. For example, on the walk an turn, he used his arms for balance, stepped off the line, and did not touch heel to toe. On the one leg stand, he used his arms for balance and put his foot down. After his arrest for DUI, he refused the breath test.
Defense Parks & Braxton prepared the case for jury trial.
Result The State Dropped the DUI.

1/13/2011 Case #2010-CT-010557AXXX (JURY TRIAL) Judge Eissey

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slow, mumbled, slurred speech. The defendant first stated she had nothing to drink and then said she had one drink. She appeared sleepy to the officer and had comprehension problems. She performed roadside tests at the request of the officer on video tape. For example, on the walk and turn, she took an incorrect number of steps, did not count out loud, did not walk heel to toe, and stumbled. On the alphabet test, she stated it wrong before saying it the right way. On the finger to nose, she failed to touch the tip of her nose and did not remove her finger from her nose. On the one leg stand, she swayed and bent her leg. She was arrested for DUI and later refused the breath test.
Defense At Jury Trial, Parks & Braxton, attacked the credibility of the officer. We pointed out to the jury that none of the defendant's "normal faculties" were impaired on video tape as the State is required to prove. Finally, the defendant stated on video, as well as on the witness stand, she had a brain tumor which affects her speech, balance, and comprehension. She told this to the officer on video tape, but he did not ask any follow up questions about it to her. He simply was interested in where she was coming from and what she had to drink.
Result The Jury found the defendant Not Guilty in less than fifteen minutes.

1/10/2011 Case #CT-000301-XEH Judge Lefler

Facts The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Defense Parks & Braxton were prepared for a trial.
Result Prior to trial, the State Dropped the DUI.

1/10/2011 Case #7815-XEJ Judge Gayles

Facts The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
Defense Parks & Braxton announced ready for trial.
Result On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.

1/10/2011 Case #3210-XEJ Judge Newman

Facts The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
Defense Prior to trial, the firm filed a motion to dismiss based on the destruction of the video tape as it never uploaded from the police car to the department computer server.
Result On the day of trial and prior to arguing the motion, the State Dropped the DUI.

1/10/2011 Case #8071-XEE Judge Schwartz

Facts The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
Defense Park & Braxton prepared the case for jury trial.
Result On the day of trial, the DUI was dismissed based on the Statute of Limitations.

1/7/2011 Case #2010-CT-006127AXX Judge Hanser

Facts The defendant was parked in a parking lot with flat tires and trying to start her car which would not turn over. An officer heard the noise and walked over to her. That initial officer was outside his jurisdiction upon making contact with the defendant. He smelled an odor of alcohol and slurred speech. He asked her to remove the keys and place them on the passenger seat. He then detained her until a DUI officer came from the sheriff's office. That officer made similar observations plus observed swaying. The defendant performed very poorly on roadside tests and after her arrest for DUI blew a .171 and .175 in the breath machine.
Defense Parks & Braxton filed and argued a motion to suppress all the evidence. We argued that the initial detention by the first officer, who was outside his jurisdiction, was unlawful due to the fact there was no breach of the peace. Thus, he had not right to ask her to remove her keys and subsequently detain her until the DUI sheriff's officer arrived.
Result The Judge agreed with our position, granted the motion, and threw out all the evidence. The State then Dismissed the DUI.

1/4/2011 Case #10-CT-504136 Judge Gagliardi

Facts The defendant was stopped for not having his license plate illuminated. The officer observed an odor of alcohol, slurred speech, and watery eyes. His movements were slow and he almost fell to the ground. According to the officer, he failed the roadside tests. For example, on the walk and turn, he missed heel to toe and stepped off the line. He was arrested for DUI and then blew .101 and .104 in the breath machine.
Defense Parks & Braxton prepared the case for trial.
Result Prior to trial, the State Dropped the DUI.

1/3/2011 Case #2010-MM-005497A Judge Woodard

Facts The defendant was stopped for speeding. The officers observed an odor of alcohol, bloodshot eyes, and unsteadiness. They also noticed thick tongued speech and swaying. The defendant refused to do the roadside tests. After his arrest for DUI, he refused the breath test.
Defense Parks & Braxton prepared the case for jury trial.
Result On the day of jury trial, the State Dropped he DUI.

12/20/2010 Case #48-09-CT-006660-O Judge Shoemaker

Facts The defendant was stopped for failure to maintain a single lane. The officer observed an odor of alcohol, slurred speech and swaying. He performed poorly on the roadside tests and was arrested for DUI. The defendant then blew a .174 and .161 in the breath machine.
Defense The officer only wrote he stopped the defendant for failure to maintain a single lane. He did not write one specific fact about the driving pattern.
Result The DUI was Dismissed.

12/20/2010 Case #48-2009-CT-012766-O Judge Jewitt

Facts The defendant was stopped for a violation of right of way. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer's vague report, he failed the roadside tests. After his arrest for DUI, he blew .080 in the breath macine.
Defense Parks & Braxton pointed out that due to the .005 built in margin of error in the breath machine, the defendant could have been under the legal limit.
Result The DUI was Dismissed.

12/17/2010 Case #05-2010-CT-006300AXXX Judge Atkin

Facts The defendant was the at fault driver in a traffic crash. The officer observed an odor of alcohol, slurred speech, and dilated pupils. The defendant was also observed swaying. No roadside tests were conducted due to the defendant being transported to the hospital. Later on, the defendant was arrested for DUI and he refused to give a blood, breath or urine test.
Defense Parks & Braxton prepared and were ready for trial.
Result Prior to trial, the State Dropped the DUI.

12/15/2010 Case #48-2009-CT-006604-O Judge Barlow Jr.

Facts The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, a tired look, glassy eyes, and staggering. He performed poorly on the roadside tests according to the officer which were not video taped. After his arrest for DUI, he then blew a .126, .126, then a .124 and .123 in the breath machine.
Defense After the first set of breath tests were completed, the machine detected radio frequency interference (ie. RFI) so the breath test operator conducted two more tests. Parks & Braxton contended the breath tests were unreliable. The defense prepared for a trial.
Result The DUI was Dismissed.

12/14/2010 Case #09-12881MM10A (JURY TRIAL) Judge Cowart

Facts The defendant was seen by an officer crashing his car into a fence on wet ground. The officer observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and be very unsteady. The defendant did not do any roadside tests on scene because it started to rain so the officer simply arrested the defendant for DUI. After his arrest, he performed the roadside tests on video at the breath alcohol testing facility (ie. the BAT). While there, he attempted to give a breath sample, but could not provide valid samples so the police called it a refusal.
Defense At trial, Parks & Braxton pointed out to the jury that the video tape at the station contradicted all the officer's observations at the scene. Also, the firm argued that there were other officers on scene to which the arresting officer did not get their names, any witness statements, nor see if they had cameras in their cars to video tape the defendant.
Result The Jury found the defendant Not Guilty.

12/9/2010 Case #2518-XDP (JURY TRIAL) Judge Krieger-Martin

Facts The defendant was stopped for making an illegal right on red. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests. For example, on the walk and turn, he stepped off the line, did not touch heel to toe, and paused to regain his balance. On the one leg stand, he put his foot down four times and raised his arms for balance. He was arrested for DUI and refused the breath test.
Defense Parks & Braxton prepared the case for trial and went to jury trial. At trial, the defense attacked the credibility of the arresting officer. The trial ended in a hung jury which resulted in a mistrial.
Result The State Dropped the DUI.

12/8/2010 Case #48-2010-CT-002118-0 Judge Allen

Facts The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139.
Defense Parks & Braxton prepared the case for jury trial. The State could not prove beyond a reasonable doubt who exactly was driving the car at the time of the crash as there were conflicting witness statements.
Result On the morning of jury trial, the State Dropped the DUI.

12/8/2010 Case #48-2010-CT-004936-0 Judge Shoemaker

Facts The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine.
Defense Prior to trial, Parks & Braxton excluded the breath test results from evidence.
Result The State Dropped the DUI.

12/7/2010 Case #09-013874MM10A Judge Cowart

Facts The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI.
Defense Parks & Braxton discovered in pre-trial testimony, that the officer misinformed the defendant about the consequences of refusing the field sobriety tests. Consequently, Parks & Braxton filed a motion to suppress all evidence of field sobriety testing.
Result The State dropped the DUI.

12/7/2010 Case #CT-008452-XCF Judge Conrad

Facts The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine.
Defense Parks & Braxton pointed out to the State that the arresting officer had little memory of the specifics of the case. Also, the firm pointed out to the State there were problems with maintenance on the specific breath machine during the time frame that the defendant gave the breath samples.
Result The State Dropped the DUI.

12/6/2010 Case #09-003338MM10A Judge Seidman

Facts The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI.
Defense Parks & Braxton prepared the case for trial. The firm explained to the defendant not to accept any plea deals related to DUI.
Result The State dropped the DUI on the morning of trial.

12/6/2010 Case #48-2009-CT-006663-O Judge Shoemaker

Facts The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test.
Defense Parks & Braxton were ready for trial.
Result On the morning of trial, the DUI was Dismissed.

12/6/2010 Case #48-2009-CT-000771-E Judge Allen

Facts The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine.
Defense Parks & Braxton were ready for trial.
Result On the morning of trial, the DUI was Dismissed.

12/1/2010 Case #CT-000211-XEX Judge Mcneil

Facts The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, watery eyes, and he admitting drinking beers. According to the officer, he performed poorly on roadside tests which were taped. He was then arrested for DUI. He subsequently refused the breath test.
Defense The defense pointed out to the State that none of the defendant's normal faculties were impaired and we were ready for a trial.
Result The State Dropped the DUI.

12/1/2010 Case #CT-002284-GKF Judge Dominguez

Facts The defendant was stopped for weaving and speeding which was captured on tape. The officer observed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. He then performed the field sobriety tests on video tape. For example, on the walk and turn, he failed to maintain his balance and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI.
Defense The firm pointed out to the State that there was a lack of probable cause to arrest the defendant.
Result The State Dismissed the DUI.

11/16/2010 Case #10-502946CT Judge Gagliardi

Facts The defendant was stopped for weaving and drifting. The officer observed an odor of alcohol, red eyes, and slurred speech. He performed roadside tests at the officer's request which were not video taped. For example, on the one leg stand, he put his foot down and counted the same number twice. On the walk and turn, he stepped off the line and did not touch heel to toe. He was arrested for DUI and then he refused the breath test.
Defense On the morning of trial, the firm convinced the State they had no likelihood of a conviction.
Result The State Dropped the DUI.

11/10/2010 Case #08-021994MM10A Judge Brown

Facts The defendant was stopped for weaving all over the road whereby other vehicles had to take evasive action to avoid being struck. Upon making contact with the defendant, the initial officer observed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The DUI task force was called to the scene. The task force officer stated that in addition to the first officer's observations, he observed a flushed face and eyelid tremors. He asked the defendant to perform several field sobriety tests. After the tests, the defendant was arrested for DUI. The defendant blew a .107 in the intoxilyzer.
Defense Parks & Braxton argued a motion to exclude the breath test based on misinformation of the law. The firm argued that when asking for a breath test the officer told the defendant that his license in Ohio would be suspended if he refused to provide a breath sample. The information provided by the officer exceeded the Florida implied consent. As a result, the defendant felt coerced to provide a breath test.
Result The Court agreed and excluded the breath test from evidence. The State subsequently dropped the DUI.

11/10/2010 Case #2010-CM-010198 Judge Mcneil

Facts The defendant was found by the police passed out in his car with the engine running in a parking lot. The officer observed an odor of alcohol, glassy eyes, and an inability to follow instructions. He also was cursing at the officer. He refused the roadside tests and was arrested for DUI. The defendant then refused the breath test.
Defense The defendant did not have the "capability" to operate the motor vehicle while sleeping in his car. Thus, the State could not prove he was in actual physical control.
Result The State Dropped the DUI.

11/10/2010 Case #CT-001819-XEJ Judge Mcneil

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking. Prior to offering the roadside tests, the defendant stated numerous times he had ankle injuries and could not do the walk and turn and one leg stand. The officer never offered non physical exercises like the alphabet or count backwards tests and just arrested the defendant for DUI.
Defense The State agreed that the officer should have offered other exercises.
Result The State Dropped the DUI.

11/9/2010 Case #2009-CT-002952 Judge Janecwicz

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he spoke slowly. According to the officer, he performed poorly on the roadside tests. He was arrested for DUI, and blew a .123 and .116 in the breath machine.
Defense The officer did not write one specific on any of the road sides in his reports. Thus, the firm was able to show his lack of memory of any specifics of the case prior to trial.
Result The DUI was Dismissed.

11/9/2010 Case #CT-OO9808-GKF Judge Jeske

Facts The defendant was stopped by the police based on a call about a reckless driver. Once stopped by police, the officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the roadside tests and was arrested for DUI.
Defense The police did not see any driving pattern prior to conducting the traffic stop. Under the law, they must see some type of similar erratic driving pattern when the call is an anonymous tip such as in this case.
Result The DUI was Dismissed.

11/8/2010 Case #08-027331MM10A Judge Lerner-Wren

Facts The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer.
Defense Parks & Braxton filed a motion to exclude the breath test based on a lack of substantial compliance with the regulations. In addition, the video was inconsistent with the impairment listed in the report.
Result The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI.

11/8/2010 Case #09-2083MM10A Judge Lerner-Wren

Facts The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer.
Defense Parks & Braxton filed a motion to suppress the breath test based on a failure to comply with the Florida Dept. of Law Enforcement breath testing guidelines. In addition, despite the officer's claim that the defendant understood the instructions on the sobriety tests, the video indicated that the defendant clearly did not understand english, thus calling into question the voluntariness of the tests.
Result The Judge granted the motion and threw out the breath test. The State dropped the DUI.

11/8/2010 Case #08-9249MM10A Judge Lerner-Wren

Facts The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer.
Defense Parks & Braxton filed a motion to suppress the results of the breath test as well as any statements made in violation of the defendant's Miranda rights.
Result The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI.

11/5/2010 Case #2010-CT-001793AXX Judge Moyle

Facts The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and glassy eyes. He admitted to drinking a long island iced tea. He performed poorly on roadside tests according to the officer. For example, on the walk and turn, he raised his arms, failed to touch heel to toe, and stepped off the line. On the one leg stand, he swayed and did not look at his foot. On the finger to nose, he did not touch the tip of nose several times. After his arrest for DUI, he blew a .139 and .135 in the breath machine.
Defense Neither the breath tech nor the arresting officer could remember who conducted the mandatory 20 minute observation period prior to the defendant taking the breath test. Thus, the breath test results would have been excluded from evidence.
Result The State Dropped the DUI.

10/29/2010 Case #10-504609CT Judge Adams

Facts The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, slurred speech, and a flushed face. According to the officer, he performed poorly on the roadside tests. He also vomited three times. He was arrested for DUI and blew a .105 and .095 in the breath machine.
Defense The defense was successful in arguing to the State that the initial stop was unlawful as no traffic was affected by the defendant's driving pattern as required by case law.
Result The State Dropped the DUI.

10/29/2010 Case #2010-CT-012438AMB Judge Moyle

Facts The defendant was stopped by police as he drove into a crash scene involving a fatality. The officers observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. A flask was spotted in the car along with a Jack Daniels glass bottle. After performing roadside tests not up to the standards of the officer, he was arrested for DUI. He later refused the breath test.
Defense The defense presented case law to the State that the initial contact or stop by police was unlawful and without probable cause and/or reasonable suspicion of a crime.
Result The State Dropped the DUI.

10/27/2010 Case #CT-008894-XEF Judge Courtney

Facts The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. On the walk and turn test, she did not touch heel to toe and stepped off the line. On the one leg stand tests, she swayed. She was then arrested for DUI and refused the breath test.
Defense The defense successfully pointed out to the State that there was no probable cause to believe the defendant was impaired.
Result The State Dropped the DUI.

10/27/2010 Case #CT-008736-XEF Judge Courtney

Facts The defendant was stopped for running a stop sign and weaving. The officer noticed an odor of alcohol, he admitted drinking wine, and watery eyes. The officer wrote in his report the defendant nearly fell, swayed as he stood, and stumbled. The defendant performed the roadside tests at the request of the officer on video tape. After doing them, he was arrested for DUI.
Defense The video contradicted the officer's reports as he never stumbled, fell, nor swayed on tape.
Result The State dropped the DUI.

10/27/2010 Case #CT-001467-XDY Judge Courtney

Facts The defendant was stopped for being passed out in the driver's seat at a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he leaned against his car for balance. He refused all roadside tests and was arrested for DUI. This was the defendant's second DUI arrest.
Defense Since it is legal to drink and then drive so long as a person is not impaired, the odor of alcohol does not affect the case. The officer acknowledged that bloodshot eyes can come from any number of reasons. The officer could not distinguish between leaning against a car for balance versus casually leaning against a car. Finally, since the officer had never met the defendant prior to the incident he could not testify whether the speech was the defendant's normal speech.
Result The State Dropped the DUI.

10/27/2010 Case #CT-OO9044-XEF Judge Courtney

Facts The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol and glassy eyes. The defendant performed the roadside tests at the request of the officer which were video taped by the officer's in car camera. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the walk and turn test, she did not touch heel to toe, stepped off the line, and took an incorrect number of steps. She was then arrested for DUI.
Defense Prior to trial the defense learned that evidence had been destroyed. Due to that fact, the defense prepared a amotion to dismiss for the destruction of evidence by the state. The officer also wrote a very vague DUI report due to the fact there was an alleged video.
Result Prior to any motion being argued, the State Dropped the DUI.

10/25/2010 Case #4627-XDY Judge Seff

Facts The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine.
Defense Due to the .005 margin of error in the machine and maintenance solutions, the defense was able to put the defendant under the legal limit.
Result The State Dropped the DUI.

10/25/2010 Case #8077-XEE Judge Krieger-Martin

Facts The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine.
Defense The defense argued that the state could not prove the lawfulness of the traffic stop on the morning of trial based on the testimony of the arresting officer.
Result The State Dropped the DUI.

10/20/2010 Case #2010-MM-00167-A-P Judge Ptomey

Facts The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused.
Defense The State could not prove by which specific chemical and/or controlled substance the defendant was impaired by as required by Florida law.
Result The State Dropped the DUI.

10/19/2010 Case #08-026650MM10A Judge Lerner-Wren

Facts The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Defense The defense took a pre-trial deposition of the officer. In deposition, the arresting officer stated no traffic was affected by the defendant's driving pattern. The defense then filed a motion to suppress the lawfulness of the initial stop the defendant's car.