| Oct 22, 2026 | Case: 26-MM-00379 | Judge Justice |
| Facts: | The defendant was stopped for weaving, braking for no reason, and nearly striking another car. Officers noticed an odor of alcohol, glassy/watery eyes, and he kept repeating himself over and over. The defendant's minor child was also in the car. The defendant refused to perform any field sobriety tests and was arrested for enhanced DUI because of the minor in the car. 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. | |
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
| Oct 21, 2026 | Case: 26-CT-002972 | Judge C. Brown |
| Facts: | The defendant was stopped for speeding. Officers noticed door of alcohol, water eyes, slurred speech, and an unsteady balance. After performing the field sobriety tests such as HGN (eye test) and walk and turn, he was arrested for DUI. He later blew a .108 and .105 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. | |
| Oct 21, 2026 | Case: 26-CT-004651 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, an overwhelming odor of vomit, a dazed/sleepy appearance, and droopy eyelids. He also had slurred speech and appeared unsteady. After performing the field sobriety tests, such as HGN (eye test), walk and turn, and one leg stand, he 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. | |
| Oct 20, 2026 | Case: 26-CT-000285 | Judge Ward |
| Facts: | The defendant crashed his car into a ditch. He told police that he had fallen asleep at the wheel. Officers noticed an odor of alcohol, watery eyes, and dilated pupils. After performing the field sobriety tests such as HGN (eye test), walk and turn, estimation of 30 seconds, and one leg stand, he was arrested for DUI. He later blew a .102 and .099 in the breath machine. | |
| Defense: | The breath test was several hours after the initial crash. The Sate could not prove whether he was above or below. 08 hours at the time of driving as required by law. In addition, his performance on the field sobriety tests was much better on tape than as described in the reports. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 20, 2026 | Case: 26-CT-500331 | Judge Gagliardi |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, and he appeared uneasy on his feet. After performing the field sobriety tests, such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later refused a breath test. This was his Second DUI. | |
| Defense: | The firm announced ready for trial. After negotiations with the State regarding the evidence and the defendant, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 19, 2026 | Case: 26-CT-502503 | Judge Mirra |
| Facts: | The defendant was stopped for running a stop sign and straddling the center line. Officers observed an odor of alcohol, slurred speech, and she admitted to drinking alcohol. After performing the field sobriety tests, such as HGN (eye test), alphabet, and one leg stand, she was arrested for DUI. She later refused a breath test. | |
| Defense: | The officers had her do the field sobriety tests on a bridge with substantial winds. Also, on tape, her speech was normal and not slurred. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 19, 2026 | Case: 26-CT-007410 | Judge Scott |
| Facts: | The defendant was stopped for not having a valid license. Although there was no odor of alcohol, officers observed slurred speech, slow/lethargic movements, and unsteadiness. The defendant stated that he had taken Xanax. His eyes were glossy/watery and he had constricted pupils. Due to physical limitations and being on a cane, he only performed the HGN (eye test) and finger to nose exercises. He was arrested for DUI and later provided a urine sample which was sent to FDLE and tested positive for numerous controlled substances. This was the defendant's Third DUI. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2026 | Case: 26-CT-001243 | Judge Smith |
| Facts: | The defendant was stopped for speeding and swerving. Officers noticed and odor of alcohol, a sway while standing, and the defendant admitted to having drank alcohol. The defendant only performed the HGN (eye test) and then refused to perform any further field sobriety tests. He was then arrested for DUI and later refused 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. | |
| Oct 15, 2026 | Case: 26-CT-006702 | Judge Castor |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery eyes, and slurred speech. When asked how much she had to drink, she stated, "not much." After performing the field sobriety tests such as HGN (eye test), walk and turn, finger to nose, estimation of 30 seconds, and one leg stand, she was arrested for DUI. She later blew a .081 and .079 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. | |
| Oct 15, 2026 | Case: 26-CT-057590 | Judge Garagozlo |
| Facts: | The defendant crashed her car into a tree. Officers observed an odor of alcohol, glassy/watery eyes, slurred speech, and she appeared indifferent. Her movements were slow, she swayed, and also stumbled. After performing the field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, she was arrested for DUI. She later blew a .133 and a .134 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. | |
| Oct 15, 2026 | Case: 26-CT-030573 | Judge Garagozlo |
| Facts: | The defendant was stopped for running a stop sign and stopping in the middle of the crosswalk. Officers observed and odor of alcohol, he fumbled with his wallet, a sway, slurred speech, soiled clothing, and he stumbled. The defendant 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. | |
| Oct 14, 2026 | Case: 26-CT-002572 | Judge Uzabel |
| Facts: | Police were called to the scene after a caller stated that the defendant was sleeping in his Tesla in the middle of the road. Officers arrived and found the defendant in the driver's seat with EMS treating him. They observed an odor of alcohol, bloodshot eyes, a sway, and a slight slur to his speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The police never got the name or number of the initial caller so all her testimony was inadmissible hearsay. The defendant disputed ever sleeping and stated that the Tesla had stalled out and he was leaning over to see what was going on. Also, on tape, the arresting officer can be heard telling the defendant that "how is he supposed to determine if the defendant was impaired if he wasn't going to do any roadside tests?” Well, if that's is the case and he refuses, then why in the world was he being arrested if the officer felt he didn't have enough evidence without the field sobriety tests. The firm announced ready for trial. Prior to trial the State Dropped his DUI and he received no conviction and no penalties other than a fine and court costs. | |
| Result: | The State dropped the DUI. | |
| Oct 13, 2026 | Case: 26-CM-013006 | Judge Valkenburg |
| Facts: | The defendant was stopped for driving with an expired tag. Officers observed an odor of alcohol and red/watery eyes. The defendant didn’t get out of the car upon being asked so he was extracted. He was arrested for DUI and resisting without violence. He later refused a breath test. | |
| Defense: | When the defendant was asked to step out of the car, he simply asked why. Within seconds, two cops were yanking him out and cuffing him. The defendant asked what are you arresting me for? The officer said resisting and now you have a DUI. They never even asked him to perform field sobriety tests. The State dropped the DUI and he received no conviction and no penalties other than a fine. | |
| Result: | The State dropped the DUI. | |
| Oct 13, 2026 | Case: 26-CT-001787 | Judge Valkenburg |
| Facts: | Officers responded to a domestic violence call. When officers arrived, the defendant was behind the wheel. Officers observed an odor of alcohol, bloodshot/glossy eyes, slurred speech, he appeared disoriented, and unsteadiness. After performing the field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a. 144 and a .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. | |
| Oct 12, 2026 | Case: 26-CT-023408 | Judge Skinner |
| Facts: | The defendant was stopped for running a red light and driving recklessly on his motorcycle. Officers noticed an odor of alcohol, glossy eyes, and slow/slurred speech. The defendant almost fell while walking and had to use an officer's patrol car for balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | The police department never turned over the body worn cameras or supplements of the officers who stopped the defendant to the prosecutor. Thus, it was unclear if they were telling the truth about the reason for the stop and all their observations. Also, without the body worn cameras, it was unknown why the defendant was handcuffed prior to the DUI officer's arrival. After negotiations with the State regarding the missing evidence a week before trial, the State Dropped the Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 12, 2026 | Case: 26-CT-021023 | Judge Skinner |
| Facts: | The defendant was stopped for speeding and cutting off another car. Officers observed an odor of alcohol, slurred/mumbled speech, and a sway to her stance. She also appeared confused and exhibited poor motor skills. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was her Second DUI. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant a week before trial, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2026 | Case: 26-CT-005418 | Judge Smith |
| Facts: | The defendant was stopped for speeding and running a red light. Officers observed an odor of alcohol, slurred speech, unsteadiness, and watery eyes. He also admitted to consuming two shots. After performing very poorly on the HGN (eye test), one leg stand, and walk and turn exercises, he 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. | |
| Oct 7, 2026 | Case: 26-CT-007612 | Judge Scott |
| Facts: | The defendant was stopped for driving with no lights and almost crashing into a police car. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he admitted to having consumed anywhere from two to four beers. After performing the HGN (eye test), one leg stand, and walk and turn, he 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. | |
| Oct 7, 2026 | Case: 26-CT-005592 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, lethargic movements, unsteadiness, and slow/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 .123 and .115 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. | |
| Oct 6, 2026 | Case: 26-002176MM10A | Judge Brown |
| Facts: | The defendant was first observed driving at a high rate of speed. Next, the officer stated that the defendant passed a series of vehicles in the bike lane and made an illegal turn against a red light. The officer stated that the defendant had a strong odor of alcohol, red watery eyes and a very flushed face. The defendant performed the HGN (eye test), walk and turn test as well as the one leg stand. He was arrested for DUI and subsequently refused a breath test. He was also charged with refusal to submit to testing. | |
| Defense: | The driving pattern was not on video. The theory of defense was "trust your eyes not your ears." The video clearly impeached the credibility of the officer's testimony. In addition, although not provided by the prosecutor, we located a booking photo of the defendant which also showed that the defendant's face was not flushed and his eyes were not remarkably red. The State conceded the case on the morning of trial. | |
| Result: | The State dropped the DUI. | |
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