| Sep 11, 2010 | Case: 2009-CT-002952 | Judge Janecwicz |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he spoke slowly. According to the officer, he performed poorly on the roadside tests. He was arrested for DUI, and blew a .123 and .116 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
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, 2010 | Case: CT-008942-XEF | Judge Lefler |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .145 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 30, 2010 | Case: 6640-XDX | Judge Miranda |
| Facts: | A call went out about a burglar alarm going off in a neighborhood. Police arrived and stopped the defendant who was driving slowly. They noticed an odor of alcohol, slurred speech, and bloodshot eyes. He had trouble maintaining his balance once outside the car. He performed poorly on the roadside tests and was arrested for DUI. He then blew a .136 and .128 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 27, 2010 | Case: 2010-CT-00494-A-K | Judge Miller |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He was also uneasy upon his feet and leaned on his car for balance. He then refused the roadside tests and the breath test. | |
| Result: | The State Dropped the DUI. | |
| Aug 26, 2010 | Case: CT-6685-XEL | Judge Thomas |
| Facts: | An unknown person had called from a blockbuster video that the defendant was honking his horn repeatedly. Police arrived and found the defendant driving through the parking lot and they initiated a traffic stop. The officers observed an odor of alcohol, slurred speech, and he was repeating things. They also observed swaying and he admitted drinking beer. He performed very poorly on the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .142 and .139 in the breath machine. | |
| Result: | The defense put forth that there was no legal basis for the traffic stop. The State Dropped the DUI. | |
| Aug 17, 2010 | Case: 08-007011MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, glassy eyes, flushed face, and slurred speech. The officer who made the traffic stop then called for a DUI officer. He made somewhat similar observations. The defendant stated to the DUI officer he drank a few pints of beer and was viewed as being unsteady on his feet. According to the DUI officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Aug 17, 2010 | Case: 2010-CT-005878AXXX | Judge Arias |
| Facts: | The defendant was seen speeding through a security gate by a civilian. The defendant then stopped, the police were called, and contact was made by the police who detained the defendant. The officer noticed an odor of alcohol, several beer cans in the car, and watery eyes. The defendant swayed as he stood and admitted to drinking 4-5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Aug 12, 2010 | Case: 48-2010-CT-004936-0 | Judge Shoemaker |
| Facts: | The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 12, 2010 | Case: 48-2010-CT-002118-0 | Judge Allen |
| Facts: | The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Aug 11, 2010 | Case: 08-9249MM10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer. | |
| Result: | The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI. | |
| Aug 11, 2010 | Case: 09-2083MM10A | Judge Lerner-Wren |
| Facts: | The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer. | |
| Result: | The Judge granted the motion and threw out the breath test. The State dropped the DUI. | |
| Aug 11, 2010 | Case: 08-027331MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer. | |
| Result: | The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI. | |
| Aug 10, 2010 | Case: 08-MM-2690-A-K | Judge Fowler |
| Facts: | The defendant was the at fault driver in a three car rear end accident. The officers noticed the defendant to have an odor of alcohol, slurred speech, and droopy eyes. The defendant was taken to the hospital where his blood was taken at the direction of the police due to his inability to take a breath test. The blood results were a .199 and .197. The defendant was charged with DUI Causing Property and/or Injury to Another. | |
| Result: | The State Dropped the DUI. | |
| Aug 9, 2010 | Case: 2010-CT-009161-AXXX | Judge Healey |
| Facts: | While the defendant was stopped at a red light, an unknown civilian told the police officer the defendant had just hit a curb. The officer then walked up to her car and tapped on the passenger side window and ordered her to roll the window down. He then observed an odor of alcohol, bloodshot eyes, and slurred/mumbled speech. The officer claimed she performed poorly on the field sobriety tests and arrested her for DUI. After her arrest, she refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Aug 7, 2010 | Case: 2010-CT-016928AXXX | Judge Johnson |
| Facts: | The defendant was found by the police passed out in a disabled car which had run out of gas. The keys were found under the driver's right leg. The defendant had an odor of alcohol and mumbled speech. The defendant performed poorly on roadside tests and was arrested for DUI. The officer believed he was impaired by a controlled substance due to the defendant's statements he had taken Xanax. He asked for a urine test but the defendant could not proved one during the requisite time period so they called it a refusal. | |
| Result: | The DUI was Dismissed. | |
| Aug 3, 2010 | Case: 376913-W | Judge Fernandez |
| Facts: | The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Aug 2, 2010 | Case: 8110-XEE | Judge Seff |
| Facts: | The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, slurred speech, and had poor balance exiting the car. All of the field sobriety exercises were discontinued due to the defendant being completely off balance. After her arrest for DUI, she blew a .181 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jul 30, 2010 | Case: 10-CT-501754 | Judge Hayward |
| Facts: | The defendant was involved in a traffic crash in which he side swiped another car. The officer who arrived on scene, noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he drank and had taken vicoden. The defendant failed the roadside tests. For example, on the walk and turn test, he stumbled and took an incorrect number of steps. On the one leg stand test, he swayed and was hopping. He was arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jul 27, 2010 | Case: 5878-XDY (JURY TRIAL) | Judge Newman |
| Facts: | The defendant was stopped for speeding.(85 mph in a 55 mph zone). The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer. he performed poorly on roadside tests. For example, on the one leg stand test, he put his foot down four times. On the finger to nose, he used the wrong hand and missed the tip of his nose. Furthermore, on the estimation of time test, he estimated 15 seconds for 30 seconds. He was then arrested for DUI. After his arrest, he blew a .095 and .094 in the breath machine. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Jul 26, 2010 | Case: 4092-XDK | Judge Schwartz |
| Facts: | The defendant was stopped for failing to maintain a single lane and striking a curb. The defendant had an odor of alcohol, slurred speech, and vomit all over herself. She almost fell while outside the car. No roadside tests were conducted due to safety concerns for the defendant. The defendant admitted to feeling the effects of the alcohol and being impaired. She was arrested for DUI and blew a .134 and .127. in the breath machine. | |
| Result: | The State Dropped the DUI on the morning of trial. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.