| May 17, 2005 | Case: 04-2232MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for drifting across the lane markers almost side swiping the police car. The deputy noticed an odor of alcohol and watery eyes. The defendant refused to speak and was arrested for DUI. The defendant blew a .207 in the breath machine. | |
| Result: | The State conceded the motion and 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 16, 2005 | Case: 04-017954TCAO8 (JURY TRIAL) | Judge Kolin |
| Facts: | The defendant was stopped at a roadblock checkpoint. When the officer told him to pull into the parking lot after observing a dazed look and odor of alcohol on his breath, he drove over the curb, on the grass, and into to the bushes according to the officer. The officer stated his speech was very slurred, he was very unsteady, and had bloodshot eyes. He refused to do roadside tests on video at the scene of the checkpoint and was arrested for DUI. At the breath testing facility, he stumbled while walking into the video room and refused the breath test. This was the defendant's second offense within five years. | |
| Result: | The jury found the defendant NOT GUILTY in nine minutes. | |
| May 7, 2005 | Case: 04-010024MM10A | Judge Diaz |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol, glassy eyes, and the defendant admitted to having three beers. He performed poorly on roadside tests according to the officer and blew a .164 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 25, 2005 | Case: 267188-X | Judge Tunis |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer noticed an odor of alcohol, slurred speech, and unsteadiness. The defendant performed poorly on roadside tests and blew a .133 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 18, 2005 | Case: 508541-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding and running a red light. Once stopped, the officers noticed slurred speech, an odor of alcohol, and unsteadiness. He performed poorly on roadside tests and blew a .225 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 5, 2005 | Case: 386283-W | Judge Gayles |
| Facts: | The defendant was stopped for speeding and swerving all over the road. The officer observed slurred speech, and the defendant performed poorly on roadside tests. The officer also suspected the defendant was under the influence of cocaine. The defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 4, 2005 | Case: 508256-X | Judge Tunis |
| Facts: | The defendant was involved in a rear end collision. The officers who arrived on scene observed an odor of alcohol, bloodshot eyes and slurred speech. He performed poorly on roadside tests and refused the breath test. The defendant was outside the car when the officers arrived on scene. | |
| Result: | The DUI was dismissed. | |
| Apr 3, 2005 | Case: 04-002860TCA08 | Judge Evans |
| Facts: | The defendant was found by police passed out behind the wheel of his vehicle at a red light. The officer noticed an odor of alcohol, slurred speech and blood shot eyes. He performed poorly on roadside tests according to the officer and blew a .102 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 29, 2005 | Case: 05-000259MMA | Judge Eriksson |
| Facts: | The defendant was involved in an accident in which he hit a utility pole. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on roadside tests. He tested positive in a urine test for amphetamines. | |
| Result: | The DUI was dismissed. | |
| Mar 28, 2005 | Case: 508309-X | Judge Tunis |
| Facts: | The defendant was stopped by police because she almost ran over a Public Service Aid who was setting up cones in the road. The officer who stopped her observed her speeding and failing to maintain a single lane. Once stopped, he observed an odor of alcohol, bloodshot eyes, and she refused roadside tests. She also refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2005 | Case: 03-029877MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was driving 80mph in a 65mph zone. The deputy stated that the defendant drove off the highway 15 different times. The trooper investigating the DUI came on scene. He noticed an odor of alcohol, flushed face and bloodshot eyes. He also noticed that the defendant was swaying and staggering all over the place. Because of a language barrier roadside tests were not conducted. | |
| Result: | After the Jury was selected the State dropped the DUI. | |
| Mar 21, 2005 | Case: 550457-X | Judge Ortiz |
| Facts: | The defendant was involved in a crash in which she struck a pole after driving at a high rate of speed and losing control of her car. When the officers arrived, she was off balance, had an odor of alcohol, and slurred speech. She performed poorly on roadside tests and she refused the breath test. The defendant had admitted to having "quite a few drinks." | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2005 | Case: 04-026272TCA04 (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was first seen exiting the porterhouse bar and grill. He entered his vehicle which was illegally parked in a handicap spot. The officer asked the defendant to exit the vehicle and issued him a citation for parking in a handicap spot. The defendant began to scream and at one point threw his shoe at the police. The officer smelled a strong odor of alcohol and noticed red glassy eyes. The defendant continued to scream at the police for the next 50 minutes stumbling throughout the parking lot. The officer told him to take a cab. The defendant responded "I'm not stupid, I know I'm too drunk to drive." Soon after, the defendant jumped in his vehicle and attempted to back out. The officers immediately pulled the defendant out of the vehicle and placed him under arrest for DUI. This was the defendant's second DUI. | |
| Result: | The Jury found the defendant NOT GUILTY in ten minutes. | |
| Mar 17, 2005 | Case: 04-23096MM10A | Judge Feiner |
| Facts: | The defendant was stopped while driving through a sobriety checkpoint. The deputy noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was unable to walk heel to toe on the first test. On the second test the defendant could not touch his finger to his nose. He was arrested for DUI and provided a urine test for the detection of drugs. | |
| Result: | The DUI was dismissed. | |
| Mar 15, 2005 | Case: 04-026989TCA04 | Judge Damico |
| Facts: | The defendant was stopped for cutting off traffic and repeatedly honking her horn. Once stopped, the officers observed an odor of alcohol, slurred speech and balance problems. She failed roadside tests and refused the breath test. She had been previously been told by another officer at the bar not to drive and take a cab home. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2005 | Case: 04-3732MM10A | Judge Lerner-Wren |
| Facts: | The defendant was sleeping behind the wheel of the vehicle with the engine running. The officer had to shake the defendant to wake him up. He noticed an odor of alcohol, bloodshot eyes and slurred speech. The defendant was described as a falling down drunk. He refused to complete any tests because he said "I would fail." He blew a .196 and a .200 in the breath machine. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Mar 14, 2005 | Case: CT-721754-X | Judge Dominguez |
| Facts: | The defendant was stopped for weaving all over the road. Once stopped, the officers observed an odor of alcohol, slurred speech, unsteadiness, and she fumbled for her wallet. She performed poorly on roadside tests and refused the breath test. This was the defendant's second offense. | |
| Result: | The State dropped the DUI. | |
| Mar 10, 2005 | Case: 05-3176MM10A | Judge Murphy |
| Facts: | The defendant was involved in a hit and run accident which was witnessed by two other individuals. He was subsequently stopped by a Florida highway patrolman. The Trooper noticed that the defendant was off balance, smelled like alcohol and had bloodshot eyes and slurred speech. The Trooper stated the defendant failed each field sobriety test and he was subsequently arrested for DUI and leaving the scene of an accident. During the investigation, the defendant admitted to being the driver involved in the crash. At the breath alcohol testing facility the defendant blew a .156 in the breath machine. | |
| Result: | At the conclusion of the motion to suppress, the State dropped the DUI. | |
| Mar 10, 2005 | Case: 501146-W | Judge Newman |
| Facts: | The defendant was stopped for following too closely and weaving through traffic. The officer noticed a strong odor of alcohol, bloodshot eyes and a flushed face. The defendant failed all field sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. This is the 2nd DUI that the firm won for this defendant. | |
| Mar 10, 2005 | Case: 508960-X | Judge Newman |
| Facts: | Police dispatch advised that the defendant was fighting with other occupants in a vehicle. One of the occupants allegedly pulled out a gun. The officer who stopped the defendant noticed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting, the officer stated that the defendant was extremely unsteady on his feet. The defendant failed roadside sobriety tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
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