| Sep 25, 2013 | Case: CT-7078-XEP | Judge Myers |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, flushed face, bloodshot -eyes, and she admitted to having a couple of drinks. On video tape, the defendant performed the field sobriety tests. According to the officer, she failed them and was arrested for DUI. After her arrest, she blew a . 125 and .131 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant's video taped performance on the roadside tests contradicted her breath test results. That would have indicated that her breath alcohol level may have been lower than the legal limit at the "time of driving." | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Sep 25, 2013 | Case: CT-6234-XEP | Judge Myers |
| Facts: | The defendant was stopped for failing to maintain a single lane and driving over a stop bar at a red light. The officer observed the defendant to have an odor of alcohol, fumbling through her paperwork, and she also had a wrist band on from a bar or club. The defendant also admitted to drinking. According to the officer, she exhibited signs of impairment on the video taped field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that on the video tape, the officer had the defendant perform all the roadside tests on a very slanted road, a ramp. Also, the officer did not fully demonstrate the field sobriety tests as required. | |
| Result: | The State dropped the DUI. | |
| Sep 18, 2013 | Case: 2012-MM-09347-A | Judge Krause |
| Facts: | The police were called out to a residence regarding an alleged fight. Upon arrival, they saw the defendant pulling out of the driveway. Upon contact with the officers, they noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking two beers. The defendant refused to preform the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .150 and .167 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that there was an unlawful stop of the defendant's car. We discussed with the State that the officer's action of pulling behind the defendant's car and blocking him from moving constituted and unlawful seizure as the defendant's freedom was curtailed. The officer did not even know if the defendant was the one even involved in the alleged fight before blocking his car from moving any further. Furthermore, we pointed out the State that the defendant had a major problem understanding English in his contact with police due to his nationality. | |
| Result: | The State dropped the DUI. | |
| Sep 13, 2013 | Case: 2012-CT-01575-A-K | Judge Miller |
| Facts: | The defendant was stopped by the police for driving all over the road and almost hitting a sign. The officer observed an odor of alcohol, slurred speech, droopy eyes lids, and a sway. The defendant also stumbled and had to place his hand on his truck for balance. He 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. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Sep 12, 2013 | Case: 2013-CT-000482 | Judge Yerman |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, glossy eyes,and slow movements. The defendant was then asked to perform the roadside tests to which he refused. He was then arrested for DUI. After his arrest, he refused the breath test. It should be noted, this was the defendant's Third DUI. | |
| Defense: | Parks & Braxton were ready for trial. We pointed out to the State that the defendant was totally misinformed of the law as it related to taking or not taking the roadside tasks which was specifically written by the officer in his reports. | |
| Result: | The State dropped the DUI. | |
| Sep 12, 2013 | Case: 11-020335MM10A | Judge Diaz |
| Facts: | The defendant was stopped for allegedly leaving the scene of an accident. Once stopped, the officer observed an odor of alcohol, glassy eyes as well as mumbled speech. In addition, the officer stated that the defendant was unsteady on his feet and had mood swings. During a conversation with the officer, the defendant allegedly stated that he just had another DUI. The front tire was flat and the damage to the car was consistent with hitting another vehicle. Subsequently, a DUI task force officer arrived and conducted an investigation. After observing the same signs of impairment, the DUI officer had the defendant perform field sobriety tests. After performing the HGN (eye test), walk and turn, one leg stand as well as the finger to nose, the defendant was arrested for DUI. This was the defendant's 2nd DUI. He was also charged with driving while license suspended as a result of the previous DUI. | |
| Defense: | Parks & Braxton filed a pre-trial motion to exclude evidence. In addition, while the initial officer stated that he heard the accident, he never actually saw the crash. Interestingly, the witness list never included the driver of the other vehicle. It was ultimately clear that the other driver was at fault and subsequently left the scene. The motion to exclude evidence was granted. | |
| Result: | The DUI was dismissed. | |
| Sep 10, 2013 | Case: CT-6319-XEP | Judge Lefler |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol and blood-shot eyes. The defendant also admitted to having two drinks. According the officer, he exhibited clues of impairment on the roadside tasks and was arrested for DUI. After his arrest, he blew a .138 and .132 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State, that on the video tape, the officer misinformed the defendant of the consequences of taking versus not taking a breath test. Based on the conversation between the officer and the defendant on video, the defendant then felt coerced into taking a breath test. | |
| Result: | The State dropped the DUI. | |
| Sep 9, 2013 | Case: 4669-XEV | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol and blood-shot eyes. A bottle of Vodka was also found in the car. The defendant initially refused to perform the field sobriety tasks at the request of the officer. After a brief conversation with the officer, he then decided to do them. According to the officer, he failed them all and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged that the officer misstated the law and coerced the defendant into performing the tasks. The State conceded the motion after reading all the case law provided by the defense. | |
| Result: | The State dropped the DUI. | |
| Sep 4, 2013 | Case: 13-CT-017363AXXX | Judge Johnson |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbled speech, and red eyes. The defendant also stated she had drank two margaritas. The defendant was unsteady upon exiting the car and swayed while outside the car. According the officer, she failed the video taped roadside tests. After her arrest, she refused the breath test. | |
| Defense: | Parks and Braxton pointed out to the State that the entire video tape contradicted the officer's written allegations and observations. | |
| Result: | The State dropped the DUI. | |
| Sep 4, 2013 | Case: 13-CT-012818AXXX | Judge Johnson |
| Facts: | The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, red eyes, and "delayed" speech. The defendant admitted to drinking beer and having a shot of Jack Daniels. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We also pointed out to the State there was no sound on the video tape. Thus, nothing could be heard such as the defendant's speech, questions and answers by the officer to the defendant, the defendant's counting during the tasks, and the alphabet test. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2013 | Case: 9646-XEX | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, blood-shot eyes, and a flushed face. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton attempted to pick a jury on the case to fight the charges but the panel was eventually stricken prior to being sworn. Afterwards, the firm again pointed out to the State that the officer had not written any specifics of the defendant's performance on the roadside tests and his reports were very vague. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2013 | Case: 12-007125MM10A | Judge Solomon |
| Facts: | The defendant was stopped by the Florida Highway Patrol for weaving all over the roadway. This allegedly occurred numerous times over a few blocks. As the Trooper approached the car he observed an odor of alcohol, bloodshot eyes, a flushed face and slurred speech. The defendant subsequently admitted to drinking. The defendant was asked to exit the vehicle. The Trooper observed that he was unsteady on his feet and swayed while he walked. The defendant performed 4 field sobriety tests including the HGN (eye test), walk and turn (9 steps up and back on a line), one leg stand as well as the finger to nose test. The defendant allegedly performed poorly on the tests and was arrested for DUI. | |
| Defense: | Parks & Braxton had a prior case with this Trooper whereby he admitted to falsifying a police report. Therefore, his credibility was suspect from the beginning of the case. In addition, the video failed to support all of the observations made by the Trooper. | |
| Result: | The State dropped the DUI. | |
| Aug 22, 2013 | Case: CT-6454-XBO | Judge Conrad |
| Facts: | The defendant crashed into a guard rail. Once officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and he had a bar stamp on his hand. He was also unsteady and swaying. According to the officer, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We pointed out to the State that although there was an in car video tape, the officer did not place the defendant in front of the camera while he performed the tests. Thus, one could hardly see almost all of the defendant's performance even though the camera was running. | |
| Result: | The State dropped the DUI. | |
| Aug 22, 2013 | Case: CT-6316-XEP | Judge Conrad |
| 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, slurred speech, and blood-shot eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. We pointed out to the State that the officer had the defendant perform the roadside tests on a very slanted road which was clear on the tape. | |
| Result: | The State dropped the DUI. | |
| Aug 16, 2013 | Case: 6200-XEQ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for driving with inoperable brake lights. The officer noticed the defendant to have an odor of alcohol, slurred speech, flushed face, and blood-shot eyes. The defendant also admitted to drinking beer. She failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 15, 2013 | Case: 1568-XEU | Judge Denaro |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and he stumbled upon exiting the car. He also handed the officer a piece of tissue paper instead of his driver's license. The defendant failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2013 | Case: A0FPTWE | Judge McNeil |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officers observed the defendant to have an odor of alcohol. blood-shot eyes, and the defendant admitted to having anywhere from 3-6 beers. The defendant fumbled while looking for his license and stumbled while outside the car. According to the officers, he failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a.140 and .129 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 9, 2013 | Case: 2013-CT-057615AXXX | Judge McKibben |
| Facts: | The police were called to the scene by a McDonald's employee who believed the defendant and his passengers were drunk at the "drive thru." They were yelling curse words at the employees and passing around a beer bottle. Police arrived and stopped the car. The officer noticed the defendant, who was the driver, to have an odor of alcohol, slurred speech, and bloodshot eyes. He also fumbled with his wallet and admitted to drinking. The defendant refused to preform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Aug 2, 2013 | Case: 13-CT-501493 | Judge Mann |
| Facts: | The defendant was stopped for running a stop sign. The officer observed an odor of alcohol and bloodshot eyes. The officer handcuffed the defendant an put him in the backseat of his patrol car because of the defendant's alleged "aggressive" behavior." After about 30 minutes, the defendant performed the field sobriety tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress. In our motion, we alleged that the defendant was unlawfully detained (a de-facto arrest) by being handcuffed and placed in the back of a patrol car for 30 minutes without probable cause. | |
| Result: | The State dropped the DUI. | |
| Jul 30, 2013 | Case: CT-6538-XEP | Judge Jeske |
| Facts: | The defendant was stopped for allegedly cutting off an officer which caused him to brake. Once a traffic stop was conducted, the officer noticed the defendant to have an odor of alcohol and red eyes. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired. | |
| Result: | The State dropped the DUI. | |
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