| Sep 9, 2026 | Case: 26-CT-006009 | Judge Valkenburg |
| Facts: | The defendant was stopped for running over a curb while making a turn and stopping in the crosswalk of an intersection. Officers noticed an odor of alcohol, a sway to her stance, slurred speech, mood swings, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .143 and .136 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
ALSO SERVING VOLUSIA, Saint Lucie, Seminole, Orange and Osceola counties
Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Sep 8, 2026 | Case: 26-CM-001382 | Judge C. Brown |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-004180 | Judge Taylor |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, red/glossy eyes, and the defendant admitted to having consumed beer. The defendant refused to perform any field sobriety tests and was arrested for DUI. | |
| Defense: | In one report, the officer wrote that the defendant had refused to perform the roadside tests and in another report, he wrote the defendant performed poorly on the field sobriety tests. It was obvious that he was just cut and pasting sentences in his reports. His credibility was called into question. The DUI was Dismissed after we brought this to the attention for the prosecutor. | |
| Result: | The DUI was dismissed. | |
| Sep 8, 2026 | Case: 26-CT-020450 | Judge C. Brown |
| Facts: | The defendant was stopped for weaving and following too closely. Officers noticed an odor of alcohol, he seemed confused, fumbled with his documents, and had bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The firm announced ready for trial. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-005019 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .190 and .189 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-022551 | Judge Garagozlo |
| Facts: | The defendant was stopped for almost striking another car, swerving off the roadway and almost striking a sign. Officers noticed an odor of alcohol, unsteadiness, glassy eyes, and she admitted to having consumed wine. While attempting to administer the walk and turn, the defendant became argumentative and was placed under arrest for DUI. She later blew a .147 and .134. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-001415 | Judge C. Brown |
| Facts: | The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred speech, and watery eyes, The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, one officer can be heard asking the defendant if he identifies as Hispanic. The defendant responded to the officer that why didn't he ask if he identifies as a black woman (sarcastically). This was a very concerning remark. In discussions with the State, we brought this up to the State that he may have been arrested solely because of his ethnicity. The State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-005075 | Judge C. Brown |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, a red face, bloodshot eyes, slurred speech, and he appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, his speech was normal and not slurred and he was not off balance or unsteady. The firm announced ready for trial. Prior to trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2026 | Case: 26-CT-006903 | Judge C. Brown |
| Facts: | The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, she appeared unsteady, fumbled with her documents, exhibited a blank stare, and had thick tongued speech. She only performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2026 | Case: 25-CF-003379 | Judge Flowers |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred/thick tongued speech. He also appeared unsteady on his feet. The defendant only performed the HGN (eye test) and then refused to perform any more field sobriety tests. He later refused a breath test. This was his third DUI within ten years and he was charged with a Felony DUI. He was also charged with Felony Driving on a Suspended License as a Habitual Traffic Offender. | |
| Defense: | The firm took a pretrial deposition of the officer who stopped the defendant. At the deposition, we were able to establish that the defendant only weaved two times over a very short distance. After conversations with the State and providing them case law, the Felony DUI and Felony DWLS were Dismissed. | |
| Result: | The DUI was dismissed. | |
| Sep 3, 2026 | Case: AMGFTNE | Judge Szematowicz |
| Facts: | The defendant was stopped for speeding. Officers detected an odor of marijuana, bloodshot/watery eyes, and a sway to his stance. The defendant refused to perform any field sobriety tests, other than HGN (eye test), and he was subsequently arrested for DUI. He later provided a urine sample which came back from the lab positive for marijuana. This was his Second DUI arrest. | |
| Defense: | We pointed out to the State that upon review of the video tape, there was not one normal faculty impaired. There was no erratic driving pattern, his speech was normal, he had no sway on tape, walked normal, and looked and sounded fine. The State Dropped his Second DUI arrest and he received no probation at all. It should be noted that the firm represented this defendant on his last DUI and got that one Dropped as well. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: AL8GUME | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She had a sway to her stance and exhibited mood changes. According to the officer, she performed poorly on the field sobriety tests, which consisted of the HGN (eye test), finger to nose, estimation of 30 seconds, walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: AM07ESE | Judge Lawhorne |
| Facts: | Police found the defendant stopped on a bridge as his car was disabled. Officers did not notice an odor of alcohol, but did observe slurred speech, slow motor skills, and he stated that he had taken pain medications. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later provided a urine sample which revealed positive results for numerous controlled substances. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: 26-CT-003809 | Judge Smith |
| Facts: | The defendant was stopped for illegal tint, being stopped at an intersection without moving and then driving 2-3 miles per hour. Officers noticed an odor of alcohol, red/glossy eyes, and he appeared unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .129 and .131 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: 26-CT-001056 | Judge Gould |
| Facts: | The defendant was stopped for speeding, driving at inconsistent speeds, and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. Her balance was very poor and she stumbled. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .140 and .138 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 26-CT-024437 | Judge Garagozlo |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. His movements were slow and lethargic, and he had to lean against the car for balance. The defendant only performed the HGN (eye test) and he refused to perform any other roadside tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 25-CT-055958 | Judge Garagozlo |
| Facts: | The defendant was involved in a traffic crash. Officers noticed an odor of alcohol, he was belligerent and vulgar, he appeared clumsy, and had slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | In conversations with the prosecutor, we pointed out that the defendant was not the at fault driver. The other driver pulled out in him and failed to yield. In addition, it was discussed as to why the officer was asking for physical field sobriety tests such as the walk and turn and one leg stand when the defendant's air bags deployed and his neck was nearly broke. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 25-CT-036419 | Judge Garagozlo |
| Facts: | The defendant was found passed out in a Checkers drive thru. Upon awakening him, the officers noticed an odor of alcohol, glassy/watery eyes, mumbled speech, and he appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, his speech was not mumbled and did not appear unsteady. The video contradicted the police reports. After negotiations with the State regarding the defendant and the evidence, they Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 26-CT-021300 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slow speech, and red eyes. According to the officer, she performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 26-MM-015504 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding (81 mph in a 45 mph zone) and crossing over the double yellow line. Officers noticed an odor of alcohol, a 12 pack of beer on the floorboard, slightly slurred speech, and he admitted to having consumed two beers. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .090 and .087 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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