| Mar 26, 2015 | Case: 2014-CF-002722AX | Judge Economou |
| Facts: | The defendant was found by the police passed out in his car as it was parked in front of a convenience store. The defendant was slumped over the wheel, the engine was on, and the a/c was running. The officers finally awoke the defendant and noticed him to have an odor of alcohol, slurred speech, and there was a pool of vomit right outside his car. The defendant refused to perform any roadside tests and was arrested for DUI. While in the back seat of the patrol car, the defendant was cursing the entire car ride to the jail. At one point, he allegedly spit at the officer though the cage and that led to him being charged with an additional crime of Felony Battery on a Law Enforcement Officer. | |
| Defense: | Parks & Braxton had discussions with the prosecutor just prior to the taking of pretrial depositions on the case. After our talk, the State agreed to Drop the DUI and also Drop the Felony Battery on a Law Enforcement Officer down to a misdemeanor. On both charges. the defendant received NO criminal convictions on his record. | |
| 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
| Mar 24, 2015 | Case: 2014-CT-504094 | Judge Paluck |
| Facts: | The defendant was stopped for driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, incomprehensible speech, and glassy eyes. The defendant had to use the car for balance and also swayed while outside of the vehicle. According to the officer, the defendant appeared heavily intoxicated. He did not perform any roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant had told the police on scene he had bypass surgery and also was diabetic. EMS was called to check the defendant. We discussed with the State that any impairment observed could have been due from the defendant's diabetes and his past bypass surgery. | |
| Result: | The State dropped the DUI. | |
| Mar 23, 2015 | Case: 4209-XEX | Judge Seraphin |
| Facts: | The defendant was stopped for speeding and striking a curb two times. The officer noticed an odor of alcohol, slow speech, and red eyes. The defendant admitted to drinking three gin and tonics. He then performed the field sobriety exercises whereby the defendant displayed several signs of impairment. He was then arrested for DUI. After his arrest, he blew a .203 and .200 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial talks with the State. | |
| Result: | The State dropped the DUI. | |
| Mar 13, 2015 | Case: 14-CT-504722 | Judge Swett |
| Facts: | The defendant crashed his car into a palm tree causing extensive damage to his car. When the police officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, slow and lethargic movements, and disarranged clothing. The defendant failed the field sobriety exercises. For example, on the walk and turn test, he failed to touch heel to toe, stepped off the line, lost his balance, and did not count out loud. On the one leg stand exercise, he swayed, put his foot down, and used his arms for balance. He was then arrested for DUI. | |
| Defense: | Parks & Braxton had pretrial talks with the State. We pointed out first that there was no video tape at the scene and the roadsides were vaguely described. Also, more importantly, back at the breath facility, after his arrest, the defendant was offered a breath test. The defendant stated he would provide a breath sample. However, the police could not locate someone qualified to administer the test. It was unclear what efforts if any were taken by the police to locate a breath machine operator. Thus, the State had no refusal to argue consciousness of guilt or breath test results to rely upon. | |
| Result: | The State dropped the DUI. | |
| Mar 12, 2015 | Case: 2015-CT-000707AXXX | Judge Shepherd |
| Facts: | The defendant was stopped for swerving all over the road. The officer observed the defendant to have an odor of alcohol, glassy eyes, and slow reactions. The defendant had to lean against the car for balance and admitted to drinking beer. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .153 and .151 in the breath machine. | |
| Defense: | Parks & Braxton conducted pretrial talks with the prosecutor. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2015 | Case: 2014-CT-027517AXXX | Judge Johnson |
| Facts: | The defendant was stopped for swerving. The officer observed the defendant to have an odor of alcohol, slurred speech, and an "orbital" sway. The defendant stated she had been drinking beer and also kept fumbling around looking for her license, registration, and insurance while still seated in the car. She then performed the roadside tasks. According to the officer, the defendant failed the video taped field sobriety tests. For example, the defendant could not properly state the alphabet. On the one leg stand, she put her foot down and swayed. The defendant was then arrested for DUI. Subsequently, she refused the breath test. | |
| Defense: | Parks & Braxton conducted a pretrial negotiations with the State prior to trial. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2015 | Case: 14-CT-145522 | Judge Myers |
| Facts: | The defendant crashed his car into a concrete barrier wall. When the officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He was also very unsteady on his feet. The defendant admitted to consuming 2-3 beers. According to the Trooper, the defendant failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton had discussions with the State prior to trial. We pointed out that on the video tape, the officer did not properly angle the camera. Thus, no one could properly view the defendant's entire performance on the roadside tests. Also, the video tape contradicted the officer's reports as the defendant's speech appeared normal on tape and he was not unsteady. | |
| Result: | The State dropped the DUI. | |
| Mar 10, 2015 | Case: 14-009274MM10A | Judge Solomon |
| Facts: | The defendant was stopped for speeding. The defendant did not pull over immediately, even with the officer's lights flashing and sirens on. The officer observed the defendant to have an odor of alcohol, slurred speech, and a flushed face. The defendant admitted to consuming 3-4 beers. According to the officers, the defendant showed several signs of intoxication during the field sobriety tests. He was then arrested for DUI. | |
| Defense: | Parks & Braxton took a sworn pretrial deposition of the lead investigating officer involved in the case. The officer made several statements under oath in his deposition that contradicted both his police reports and the DUI video tape. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2015 | Case: 13-006125MM10A | Judge Evans |
| Facts: | The defendant was stopped after an officer observed him driving off the shoulder and almost hitting detour signs. The officer observed the defendant to have an odor of alcohol, glassy eyes, and slurred speech. The initial officer called for a DUI unit to conduct an investigation. The DUI task force officer conducted several roadside sobriety exercises and arrested the defendant for driving under the influence. | |
| Defense: | Parks & Braxton compared the officer's report with his in car video. Ultimately, there were several inconsistencies between the officer's report and the video. For example, the officer lied about the number of times the defendant dropped his foot on the one leg stand. In addition, the summary concerning the walk and turn test was exaggerated as well. Counsel told the defendant not to take a plea to DUI and proceed to trial. Prior to trial the State agreed to drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2015 | Case: 13-015733MM10A | Judge Brown |
| Facts: | The defendant was involved in a traffic accident. He was alleged to have cut in front of another driver in an intersection. He was found to be the at fault driver by the police. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and slurred speech. The defendant also had a flushed face. According to the officer, he failed all the roadside tests. For example, on the one leg stand, he swayed and put his foot down. On the walk and turn test, he stepped off the line and lost his balance. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton investigated the case and pointed out that the officer embellished the defendant's level of impairment in his reports. We pointed out to the State that the video tape contradicted the written reports. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2015 | Case: 2014-CT-010690 | Judge Adams |
| Facts: | Police were called after the defendant allegedly threw a beer can onto the victim's yard. The victim then followed the defendant in his car and and threw the beer can at the defendant's truck. When the police arrived, they found the defendant standing in his driveway. The officer noticed an odor of alcohol, a sway to his stance, and watery eyes. The defendant admitted to drinking beer. No roadside tests were conducted due to an injury the defendant previously sustained and also due to his level of intoxication. He was arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton pointed out to the State that no police officer observed the defendant driving or actual physical control as required by Florida Statutes when there is no traffic crash involved. Thus, the State could not prove the first element of the crime of DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 26, 2015 | Case: 2014-CT-027757AMB | Judge Shepherd |
| Facts: | The defendant was stopped for driving aggressively and almost colliding with other cars. Upon being stopped, the officer observed the defendant to have an odor of alcohol, glassy eyes, she seemed dazed and confused, and slurred speech. The defendant stated she had drank 2-3 glasses of wine. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .105 and .112 in the breath machine. | |
| Defense: | Parks & Braxton had pretrial negotiations with the State prior to trial. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2015 | Case: 2014-CT-142610 | Judge Myers |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking three scotches. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton had pretrial talks with the State a few days prior to the trial date. We pointed out that none of the defendant's "normal faculties" were impaired on video as it was alleged in the police reports. | |
| Result: | The State dropped the DUI. | |
| Feb 13, 2015 | Case: 2014-CT-001812-W | Judge McGinnis |
| Facts: | The defendant was stopped for an alleged violation of a traffic control device pursuant to Florida Statute 316.074. He was in a turning lane with a white arrow on the road indicating one should turn left. He decided to cut over a couple of lanes as were needed to go right instead of making a left. Once stopped, the officer noticed the defendant to have an odor of alcohol, extremely slurred speech, and red eyes. According to the officer, he performed very poorly on the roadside tests and was arrested for DUI. After his arrest, at the station and on video, the defendant stated he knew he would blow over a .08. The defendant then took a breath test and blew a .248 and .253 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the lawfulness of the initial traffic stop. In our motion, we alleged that there was no probable cause to stop the defendant as all he was doing was deciding to switch his direction of travel. Thus, no traffic infraction had been committed. The day prior to the motion hearing, the State stated they would drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 11, 2015 | Case: 15-CT-500436 | Judge Gonzalez |
| Facts: | The defendant was seen by the police standing on the side of the road with his hand up trying to flag someone down. The officer got out of his car and came in contact with the defendant. The officer observed the defendant to be bloody, have an odor of alcohol, and slurred speech. The defendant stated he had been drinking at a bar and his friend threw him out of the truck while it was moving. He then refused any medical treatment by fire rescue. The defendant refused to performed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the officer, nor anyone else, ever observed the defendant driving or in actual physical control of the truck. Thus, the first element of a DUI charge could not be proven. | |
| Result: | The DUI was dismissed. | |
| Feb 10, 2015 | Case: 2014-CT-003242 | Judge Provost |
| Facts: | The defendant was stopped for speeding. The trooper observed the defendant to have an odor of alcohol, bloodshot eyes, and she admitted having consumed two drinks and smoking some marijuana earlier in the day. After performing the roadside tests on video tape, she was arrested for DUI. After her arrest, and at the station, the trooper believed she was impaired by a chemical and/or controlled substance. He then called for another officer to conduct a DRE (drug recognition exam). That exam was conducted by a more experienced officer who had the defendant perform field sobriety tests again as part of the entire DRE exam. Once that exam was complete, she provided a urine sample to the police. | |
| Defense: | Parks & Braxton pointed out to the State very early on in the case, after reviewing the discovery, that the two officers were contradicting each other in both their observations, as well as conclusions. Furthermore, a pre-trial investigation by the firm of the arresting trooper revealed FHP had tried to fire him due to allegations of severe misconduct. | |
| Result: | The DUI was dismissed. | |
| Feb 10, 2015 | Case: 14-CT-505072 | Judge Mann |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed the defendant to have an odor of alcohol from his breath, slow/slurred speech, and bloodshot eyes. The defendant stated he had just come from a nightclub and had consumed a few drinks. He showed several signs of intoxication on the field sobriety tests and was arrested for DUI. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton had pretrial discussions with the State Attorney's Office prior to setting a trial date which led to them dropping the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 9, 2015 | Case: 2014-CF-013385000AHC | Judge Fernandez |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and she appeared unsteady on her feet. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI. After her arrest, she blew a .143 and .149 in the breath machine. The defendant was eventually charged by the State with a Third Degree Felony DUI due to the fact this was her Third DUI within ten years of her last DUI conviction. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that on the video tape at the breath testing facility, the arresting officer was giving legal advice to the defendant. Thus, he was misleading her, providing misinformation, and coercing her into taking a breath test. We also pointed out that the defendant's performance on the video taped field sobriety tests contradicted the police reports. Prior to trial and the motion ever being heard, the State Dropped the Felony DUI all the way down to a Misdemeanor Reckless Driving. | |
| Result: | The State dropped the DUI to a reckless driving. | |
| Feb 6, 2015 | Case: 2014-CT-022518 | Judge Atkin |
| Facts: | The defendant was stopped for weaving all over the road. The defendant stated he had spilled a beer in the car while driving which caused him to swerve. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He was also unsteady on his feet. According to the arresting officer, the defendant did not perform up to standards on the roadside tests and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that the officer had a working in car video camera on scene. However, the officer did not videotape the defendant performing the roadside tests as the camera was on, but facing in a different direction. Thus, no one could see how the defendant actually performed. | |
| Result: | The State dropped the DUI. | |
| Feb 6, 2015 | Case: 2014-CT-029576 | Judge Silverman |
| Facts: | The defendant was involved in a one car crash. His car ended up mounted upon a concrete wall in a construction area. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, bloodshot eyes, and a flushed face. The defendant also appeared very unsteady. The defendant explained to the officer how the crash had occurred, talked about his intoxicated state, and that he knew he was drunk. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a motion to suppress the defendant's alleged statements. In our motion, we alleged that the officer never read the defendant his Miranda rights. Thus, the accident report privilege was violated. We also filed a motion to suppress the defendant's refusal to give a breath test based the fact that the officer misstated the law. Finally, on the entire video tape at the scene, you never hear the defendant stating "he knew he was drunk" or anything about him talking about his level of intoxication as the officer wrote in his report. | |
| Result: | The State dropped the DUI. | |
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