| Sep 10, 2024 | Case: AITJR4E | Judge Komninos |
| Facts: | The defendant was stopped for driving with no lights after dark. Officers noticed an odor of alcohol, mumbled speech, and he appeared unsteady. The defendant performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .143 and .132 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Sep 10, 2024 | Case: AHFCCSE | Judge Lawhorne |
| Facts: | The defendant was observed by police swerving back and forth in his lane and speeding. His tires were touching both lane markers as he was drifting back and forth. Officers observed an odor of alcohol, red/watery eyes, and thick tongued speech. While outside the car, he had an orbital sway. After performing various field sobriety tests, he was arrested for DUI and later blew a .120 and .121 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 10, 2024 | Case: A77GIDE | Judge Komninos |
| Facts: | The defendant was stopped for weaving and speeding. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he swayed while he stood. The defendant stated he had drank 6 to 7 drinks. He then performed various field sobriety tests and was arrested for DUI. He later blew a .171 and .164 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 6, 2024 | Case: 23-01374MU10A | Judge Gottlieb |
| Facts: | The defendant was observed driving the wrong way on the highway exit ramp. A civilian witness subsequently observed the defendant passed out behind the wheel. 911 was called, and the defendant was pulled out of the vehicle by fire rescue and taken to the hospital. While receiving medical care a trooper arrived at the hospital to conduct an investigation. The trooper made contact with the defendant and observed an odor of alcohol, bloodshot eyes as well as dilated pupils. The trooper began a DUI investigation and requested the defendant perform field sobriety exercises in the parking lot of the hospital. After performing the HGN (eye test), walk and turn, as well as the one leg stand, the defendant was arrested for DUI. | |
| Defense: | Florida Statute 901.15 explains that in order to make a valid arrest for a DUI, all of the elements must be observed in the presence of the officer. This language requires the officer to personally witness the defendant operating the vehicle regardless of the fact that both civilian witnesses and paramedics saw the defendant driving and behind the wheel. The prosecutor offered to reduce the charges to a reckless driving. Counsel rejected the offer and continued to argue that the arrest was unlawful. Ultimately, the prosecutor agreed and the DUI was dismissed. | |
| Result: | The DUI was dismissed. | |
| Sep 5, 2024 | Case: 24-CT-007549 | Judge Damico |
| Facts: | The defendant was seen by police driving though a restricted area. Officers observed an odor of alcohol, slurred speech, and glassy/bloodshot eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, her speech was not slurred, she was not off balance or unsteady, and she appeared coherent. We put forth to the State that there was a lack of probable cause to arrest her. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 4, 2024 | Case: 24-MM-030258 | Judge T. Brown |
| Facts: | The defendant was stopped for weaving and having an inoperable tag light on this trailer. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. A large Grey Goose vodka bottle was observed at the defendant's feet and there were multiple kids in the car as well. The defendant agreed to perform various field sobriety tests and was subsequently arrested for DUI. He was also charged with threatening an officer. He stated, amongst many things to the officer, "I'll twist your neck off your pussy ass head." He later blew a .095 in the breath machine. He was charged with Enhanced DUI because of the kids in the car. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI and he received no penalties on the Threat to an Officer charge. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2024 | Case: 23-012959MU10A | Judge Fry |
| Facts: | The defendant was pulled over for drifting on the highway in between lanes. The officer placed his overhead lights on and stated that the defendant was slow to react. Upon making contact with the defendant the officer observed an odor of alcohol, bloodshot eyes, as well as slurred speech. The defendant informed the officer that he suffered from juvenile diabetes and subsequently tested his glucose level on scene. The officer's report was inconsistent with the glucose level that the defendant stated he had on scene. The officer administered a series of field sobriety tests on video. The defendant had a great deal of difficulty with the walk and turn test as well as the one leg stand. The defendant was arrested for DUI and refused a breath test. This was the defendant's 3rd arrest for DUI. | |
| Defense: | After being placed under arrest, the defendant was taken to the hospital for medical clearance. Counsel ordered a copy of the hospital records which clearly showed that the defendant's glucose levels were out of range. In addition, counsel secured a series of medical records which clearly indicated the volatile nature of the defendant's blood sugar levels. Both high and low blood sugar levels can mimic the effects of alcohol impairment. As a result, counsel announced ready for trial. After listing the medical records as evidence, the prosecutor agreed to drop the DUI. The defendant received no conviction for any charges. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2024 | Case: 24-CT-000594 | Judge Legler |
| Facts: | The defendant crashed her car into a tree and then it rolled over twice. Police observed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. She also appeared disoriented and she admitted to drinking alcohol. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, the defendant's speech was not slurred and she did not appear disoriented. In addition, under Florida case law, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI and the defendant received no criminal conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Aug 20, 2024 | Case: 24-CT-001994 | Judge Gutman |
| Facts: | The defendant was stopped for weaving and driving in the bicycle lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She also had a bar bracelet on her wrist. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 20, 2024 | Case: 23-016389MU10A | Judge Brown |
| Facts: | The defendant was observed on video weaving multiple times on the highway. After he was pulled over, the troopers observed a strong odor of alcohol, bloodshot eyes and unsteadiness. The defendant agreed to perform a series of field sobriety exercises. On the walk and turn test, the defendant was unable to walk on the line, and none of his steps were heel to toe. However, on the one leg stand, the defendant was able to keep his foot in the air for the entire exercise. The trooper administered a modified finger to nose test and then arrested the defendant for DUI. The defendant subsequently refused to submit to a breath test. This was the defendant's second DUI. | |
| Defense: | On video, the trooper can be seen having a conversation with another officer on scene. However, the trooper turned off the microphone, and therefore, the conversation was not audible. Parks & Braxton took a deposition of both officers. The officers denied having a conversation that was not captured on video. Based on the video, the troopers’ testimony was clearly untrue. In addition, the arresting trooper kept asking the defendant how much sleep he had the night before. It was clear that the arresting trooper entertained the possibility that the defendant was merely exhausted rather than impaired from alcohol. It wasn't until after the trooper had a private conversation with the second officer that the defendant was placed under arrest for DUI. Parks & Braxton announced ready for trial. The prosecutor dropped the DUI on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2024 | Case: AHPGBFE | Judge Todd for Vaccaro |
| Facts: | The defendant was found in a parking lot by police passed out in his running car with the driver's door open. He was slumped over the wheel and his body was partially hanging out. There was a large pile of vomit by the driver's door. Officers observed an odor of alcohol, a dead/blank expression, slurred speech, and bloodshot eyes. He had vomit on this shirt, shoes and mouth. He was unsteady, swayed, and stumbled. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .182 and .172 in the breath machine. This was the defendant's Second DUI arrest. | |
| Defense: | The defendant had parked his car a block away from the bar. He then walked from the bar to his car and passed out after vomiting. The State could not prove that he was in actual physical control because at the time of the incident he had no capability to operate the car while passed out. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2024 | Case: 24-CT-009191 | Judge Cohen |
| Facts: | The defendant was found passed out behind the wheel of his running car with a vape pen and drool dripping from his mouth. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he was nodding in an out. The defendant was fidgety, agitated, and changed his story multiple times. He performed poorly on various roadside tests and was arrested for DUI. He later blew a .122 and .121 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2024 | Case: 24-CF-014369 | Judge Steinbeck |
| Facts: | A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test. | |
| Defense: | Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well. | |
| Result: | The DUI was dismissed. | |
| Aug 13, 2024 | Case: 24-CT-016507 | Judge Rich |
| Facts: | The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2024 | Case: 24-CT-005178 | Judge Gutman |
| Facts: | The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2024 | Case: AJF46QE | Judge Lawhorne |
| Facts: | The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 9, 2024 | Case: 24-CT-000551 | Judge Doyle |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 and .130 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-000256 | Judge Farr |
| Facts: | The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine. | |
| Defense: | The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-008901 | Judge Taylor |
| Facts: | The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-002805 | Judge Farr |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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