| May 15, 2014 | Case: 12-004534MM10A | Judge Diaz |
| Facts: | The defendant was involved in a traffic crash. The defendant was identified as the driver by an independent witness who wrote a separate affidavit. The officer observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The officer stated the defendant was tripping over his feet. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. After allegedly performing poorly on the sobriety tests the defendant was arrested for DUI. | |
| Defense: | Parks and Braxton filed a motion to suppress the arrest based on a violation of 316.645. Specifically, when an individual is involved in a crash that results in a DUI investigation, there is a protocol that must be followed prior to making a lawful arrest. Based on the violation, the defense filed the motion to suppress. The State conceded the motion and dropped the DUI. | |
| 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
| May 13, 2014 | Case: 7151-XEM | Judge Altfield |
| Facts: | The defendant was stopped for driving to closely behind another car at a high rate of speed. The officer observed the defendant to have an odor of alcohol and watery/blood-shot eyes. A DUI enforcement officer was called to the scene and made similar observations as to that of the officer who made the traffic stop. According to the officer, he exhibited several signs of intoxication on the roadside tests and was arrested for DUI. After his arrest, the defendant blew a .206 and .209 in the breath machine. | |
| Defense: | Parks & Braxton conducted pre-trial negotiations with the State to have the DUI Dropped. | |
| Result: | The State dropped the DUI. | |
| May 9, 2014 | Case: 12-020074MM10A | Judge Gottlieb |
| Facts: | The defendant was the at fault driver in a crash. He was speeding down the road, almost hitting curbs, and finally hit the center median and blew out his tires. When the police arrived, they noticed the defendant to have an odor of alcohol , blood-shot eyes, and a flushed face. The defendant stated to the police that "he was very drunk", "should not have been driving", "he drank too much", and also stated he “consumed three vodka tonics." The defendant was very unsteady and stumbling around prior to being asked to perform the field sobriety tests. The defendant refused to perform the tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton took sworn pre-trial depositions of all the witnesses. The firm then filed a motion to suppress all of the defendant's statements to the police as listed above. In our motion, we alleged they were obtained by the police in violation of Florida's accident privilege. The Judge granted the motion and excluded all of the defendant's statements. | |
| Result: | The State dropped the DUI. | |
| May 9, 2014 | Case: 2013-CT-073003AXXX-XX | Judge Clarke |
| Facts: | The defendant was stopped for driving over a grass median. The officer noticed the defendant to have a strong odor of alcohol on his breath, watery eyes, and thick tongued speech. The defendant stated he had drank a "few" drinks. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer concluded the defendant was impaired by a chemical and/or controlled substance. | |
| Defense: | Parks & Braxton pointed out to the State that they could not prove by which "specific" chemical and/or controlled substance allegedly impaired the defendant as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| May 5, 2014 | Case: 5719-XEQ | Judge Seraphin |
| Facts: | The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant was unable to keep his balance once outside the car. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he blew a .288 in the breath machine and then failed to provide a second sample of his breath. The police then alleged he refused the breath test because he did not provide two valid samples of his breath. | |
| Defense: | Parks & Braxton had pre-trial discussions with the prosecutor prior to trial. | |
| Result: | The State dropped the DUI. | |
| May 2, 2014 | Case: 13-CT-505628 | Judge Swett |
| Facts: | The defendant was stopped for weaving based on a 911 call. The officer noticed an odor of alcohol, slightly slurred speech, and a flushed face. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial discussions with the State to get the DUI Dropped. | |
| Result: | The State dropped the DUI. | |
| May 1, 2014 | Case: 2014-CT-000299AXMX | Judge Skidmore |
| Facts: | The defendant was stopped by the police after someone called 911. The caller, who later gave a written statement, told police that the defendant was driving all over the road and crossing lane markers multiple times for several miles. Upon contact with the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, and mush mouthed speech. According to the officer, she was unsteady, acting clumsy, had slow reflexes, and exhibited mood changes. After performing the HGN (eye test), the defendant then failed the walk and turn and one leg stand tests according to the officer. There was no video tape of the incident. She was then arrested for DUI. After her arrest for DUI, she refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the prosecutor just prior to trial and the firm was able to convince the State to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 29, 2014 | Case: 12-005608MM10A | Judge Robinson |
| Facts: | The defendant was involved in a head on crash. The accident was observed by an independent witness. A deputy arrived on scene and observed the defendant attempting to exit the vehicle. The deputy observed a strong odor of alcohol, slurred speech, as well as bloodshot eyes. A DUI task force deputy arrived and continued with the investigation. After observing the same indicia of impairment, the defendant admitted to drinking three glasses of wine. The defendant was also observed to be unsteady on her feet. She was arrested for DUI and refused a blood test in the ambulance. | |
| Defense: | Parks & Braxton filed a motion to exclude all statements based on the accident report privilege. The Judge subsequently granted the motion and threw out the statements. Without the statements, the State would have difficulty proving that the defendant's impairment was from alcohol as opposed to the accident. The State then listed the fire rescue officers as witnesses. The goal was to prove that she was not injured and therefore the impairment was a result of the alcohol. However, Parks & Braxton took independent statements from each of the witnesses. Each statement revealed that the two deputies were not telling the truth with regards to how the defendant looked that evening. Specifically, the witnesses denied observing slurred speech, bloodshot eyes, or any lack of balance. Based on the lack of credibility of the police the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 29, 2014 | Case: 45-2013-CT-000582AXYX | Judge Williams |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and a flushed face. He was also unsteady outside his vehicle. According to the officer, he failed the video taped roadside tests and was arrested for DUI. The offcer alleged in his reports that the defendant stated he had drank "15" drinks. After his arrest, he blew a .105 and .105 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State Attorney's Office. We pointed out that there was no sound on the video. Thus, everything the defendant did and said could not be put into context. For example, the officer stated the defendant messed up the alphabet test, however, one could not hear it being recited. Furthermore, the officer did not have the camera in focus on the defendant the majority of the time so one could not truly see the defendant's full performance of the roadside tests. Also, we pointed out that if the defendant truly said he had fifteen (15) drinks, his breath alcohol level would have been much higher. That then called into question the officer's credibility. | |
| Result: | The State dropped the DUI. | |
| Apr 25, 2014 | Case: 2014-CT-003307AXXX | Judge Damico |
| Facts: | The defendant was stopped for weaving. That driving pattern was captured on video tape. The officer noticed the defendant to have an odor of alcohol, glassy eyes, dilated pupils, slurred speech, and the defendant stated he had two vodka drinks. According to the officer, he faiiled the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .101 and .099 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the prosecutor's office in order to discuss the facts of the case and dropping the DUI prior to setting a trial date. | |
| Result: | The State dropped the DUI. | |
| Apr 21, 2014 | Case: 11-CT-503758 | Judge Mann |
| Facts: | The police came in contact with the defendant after he allegedly backed into another car. According to the officer's report, he noticed the defendant to have an odor of alcohol, blood-shot eyes, and slow slightly slurred speech. According to the officer, the defendant failed the roadside tests and was arrested for DUI. After his arrest, he blew a .133 and .133 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, the firm alleged that there was no probable cause to arrest the defendant. At the motion hearing, the officer's testimony was contradicted (impeached) many times. Also, the officer stated that the defendant was not at fault in the crash. Finally, he could recall many important facts of the case during his testimony. The Judge Granted the motion determining a lack of credibility. | |
| Result: | The State dropped the DUI. | |
| Apr 10, 2014 | Case: 59193-JA | Judge Denaro |
| Facts: | A police officer noticed the defendant drinking in a bar while the the officer was having a meal. The officer noticed that the defendant appeared very intoxicated. He then saw the defendant leave, get in his car, and start the engine. Upon contact, the officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .237 and .237 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial discussions with the State in order to get the DUI Dropped prior to a trial date. | |
| Result: | The State dropped the DUI. | |
| Apr 10, 2014 | Case: CTC-98-399986VANC | Judge Horrox |
| Facts: | The defendant was involved in a single car crash as he hit a utility pole. When the officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and blood-shot eyes. When asked for his phone number, the defendant gave a "1-800 number" and stated that he forgot. The defendant was transported to the hospital due to his injuries. At the hospital, the police ordered that blood be drawn from the defendant. The results of the blood test showed the defendant had a blood alcohol content of a .292 and .290. This was the defendant's Fourth DUI. | |
| Defense: | Parks & Braxton conducted a pre-trial investigation after taking over the case from another law firm. Our firm found numerous problems with the toxicology lab, the VHS tape, and the witnesses. | |
| Result: | The DUI was dismissed. | |
| Apr 7, 2014 | Case: 13-CT-505875 | Judge Paluck |
| Facts: | The defendant was stopped for driving with an inoperable tag light. The officer noticed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. Once outside the car, the officer observed him swaying. On video tape, the defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the defendant's refusal to perform the roadside tests. In our motion, we alleged that the officer never advised the defendant of any "adverse consequences" for his refusal to perform the tests. Prior to the motion hearing date, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2014 | Case: 7996-HBI | Judge Greco |
| Facts: | The defendant was found by police passed out in his vehicle at an intersection. Once the police finally awoke the defendant, the officer observed the defendant to have an odor of alcohol, slurred speech, and blood-shot eyes. He also appeared unsteady outside the vehicle. According to the officer, he failed the field sobriety tests and was arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, the officer felt he was impaired by a chemical and / or controlled substance. | |
| Defense: | Parks & Braxton were ready for trial. The State would have been unable to prove by what "specific" chemical and / or controlled substance the officer thought was allegedly impairing the defendant as required by Florida Law. | |
| Result: | The State dropped the DUI. | |
| Mar 28, 2014 | Case: 6153-XDX | Judge Ortiz |
| Facts: | The defendant was the at fault driver in a crash which was witnessed by a police officer. When the officer came into contact with the defendant, the officer observed the defendant to have an odor of alcohol, watery eyes, slow speech, and a noticeable sway. The defendant admitted to consuming three whiskeys with sprite. He then failed the roadside tests according to the officer and was arrested for DUI. After his arrest, he blew a .114 and .115 in the breath machine. | |
| Defense: | Parks & Braxton had numerous discussions with the State prior to setting a trial date. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2014 | Case: 13-CT-504589 | Judge Gagliardi |
| Facts: | The defendant was stopped for driving without headlights.. The officer noticed the defendant to have an odor of alcohol, flushed face, watery eyes, and she admitted to consuming three beers. According the officer, she did not perform well on the field sobriety tests and was arrested for DUI. There was no video tape at the scene. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the prosecutor about the case prior to trial. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2014 | Case: 2013-CT-006384 | Judge Fegers |
| Facts: | The defendant was stopped on his motorcycle because the officer could not read his tag. The officer noticed an odor of alcohol, bloodshot eyes, flushed face, and also found a "mostly" empty bottle of vodka between the cables by the headlight and handle bar. The defendant stated he had drank a "few". The defendant refused to perform the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. This, however, was the first time the firm represented this client. | |
| Defense: | Parks & Braxton pointed out to the State in pre-trial discussions that there was a lack of evidence indicating that the defendant's "normal faculties were impaired." | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2014 | Case: 05-2013-CT-063862-AXXX-XX | Judge Babb |
| Facts: | The defendant was stopped for speeding. He was traveling 90 mph in a 45 mph zone. The officer noticed the defendant to have an odor of alcohol, extremely slurred speech, blood-shot eyes, and he admitted to drinking beer. The defendant also used the driver's door for balance while stepping out of the car. He then performed the field sobriety tests on videotape. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew a .152 and .165 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the breath test results. In our motion, we alleged, that on videotape at the breath alcohol testing facility, the officer misinformed the defendant as to the law in an attempt to get him to take a breath test. Thus, we argued that he was coerced into taking the test based on the misstatements by the officer. Prior to the motion being argued, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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