| Jan 3, 2023 | Case: 22-CT-012997 | Judge Conrad |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank 2 or 3 beers. He then performed various field sobriety tests and was arrested for DUI. He subsequently blew a .126 and .134 in the breath machine. | |
| Defense: | Issues were raised by the firm as to the lawfulness of the traffic stop. The reports were vague as to the exact specifics of the driving pattern. | |
| 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
| Dec 13, 2022 | Case: AEBN62E | Judge Komninos |
| Facts: | Police were called to a residential complex in regards to a domestic dispute between the defendant and her boyfriend. He was the one who actually called the police on her stating that she was intoxicated and causing problems. When officers arrived, the defendant was asleep in her car in a parking space. The engine was off and the keys were in her purse. Upon awakening the defendant, they noticed very incoherent/slurred speech, an odor of alcohol, and she was off balance. The defendant was loud and repeated some statements numerous times. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI in less than a year. | |
| Defense: | The State could not prove that she was in actual physical control as she had no "capability" to operate the motor vehicle when she was sleeping, the keys were in her purse, and the car was off. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Dec 13, 2022 | Case: AEX931E | Judge Komninos |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, swaying/unsteadiness, and his eyes were red and watery. He performed poorly on roadside tests and was arrested for DUI. He later blew a .113 and .113 in the breath machine. | |
| Defense: | Due to conflicts in evidence between the reports and the videotape, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 13, 2022 | Case: AEBMUKE | Judge Komninos |
| Facts: | The defendant was stopped for weaving and crossing into the bike lane. The officer noticed an odor of alcohol, watery/dilated eyes, and the defendant was irate. She then performed various roadside tests such as the walk and turn and one leg stand. She was then arrested for DUI and later refused the breath test. | |
| Defense: | After several discussions with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 13, 2022 | Case: AG5POKE | Judge Komninos |
| Facts: | The defendant was stopped for driving a golf cart at night with no headlights. Officers observed an odor of alcohol, bloodshot/watery eyes, and slowed speech. He also exhibited eyelid and body tremors, could not focus, and also swayed. He performed poorly on roadside tests and was arrested for DUI. He later blew a .165 and .146 in the breath machine. | |
| Defense: | Under Florida law, prior to administering a breath test, a defendant must be watched for 20 minutes to assure no burping, regurgitating and nothing taken by mouth. Here, back at the station, and on the officer’s body worn camera, it showed on the timer only a 6 minute observation period. The officer had written that the defendant was observed for 20 minutes which was a lie. Knowing that the breath test would be excluded from evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 13, 2022 | Case: AG5PNTE | Judge Komninos |
| Facts: | Officers were dispatched to a disturbance call at a restaurant, caused by the defendant. When they arrived, they found the defendant attempting to leave the parking lot. They observed constricted pupils, glassy eyes and she swayed while she stood. She also had mumbled/slurred speech and appeared agitated. Officers did not smell any alcohol. After performing only the HGN (eye test), she was arrested for DUI. She later refused a breath and urine tests. | |
| Defense: | Under Florida law, for the State to prove a DUI, a person must be under the influence of alcohol and/or a specific chemical and/or controlled substance. Here, since there was no alcohol involved, they could not prove by which specific controlled or chemical substance allegedly impaired the defendant. The State Dropped the DUI to a Civil Careless Driving Infraction and she received no conviction or points. | |
| Result: | The DUI was Dropped to a Civil Infraction. | |
| Dec 9, 2022 | Case: 22-CT-2384 | Judge Epperson |
| Facts: | The defendant was stopped by police after she was observed swerving all over the road and then not stopping for over a mile. Officers observed an odor of alcohol red/glassy eyes, and slow/thick tongued/incoherent speech. She was unsteady, staggered, and weaving while she walked. Her attitude was aggressive and profane. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI and she was also charged with second refusal to provide a breath test. | |
| Defense: | The firm pointed out to the prosecutor that the videotape contradicted almost everything that the officer wrote and could be seen on tape. First, none of the driving pattern was on tape. Her speech was normal, she was not off balance or unsteady, and was not aggressive. The State Dropped the DUI and also Dismissed the Second refusal charge. | |
| Result: | The State dropped the DUI. | |
| Dec 6, 2022 | Case: AFLPEPE | Judge Croff |
| Facts: | The defendant was found sleeping in the driver's seat of her car while parked in a handicap parking spot. Upon awakening the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had a blank stare, staggered, stumbled, and appeared disoriented. She refused to perform any roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | The firm put forth that the defendant could not have had the capability to operate her car while sleeping. Thus, she couldn't have been in actual physical control. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-CT-020939 | Judge Jacobus |
| Facts: | The defendant was found by police passed out in his car in a Taco Bell parking lot. Officers noticed an odor of alcohol, mumbled speech, and he was disoriented. The defendant stated he had drank two IPA beers. While outside the car, he swayed while he stood. The defendant then performed various roadside tests and was arrested for DUI. He later refused the breath test. This was his Second DUI and he was also charged with Second Refusal for not taking the breath test. | |
| Defense: | Due to various contradictions in the police reports and the videotape evidence, the State Dropped the Defendant's Second DUI and also Dismissed the refusal charge. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-CT-023836 | Judge Silverman |
| Facts: | The defendant was stopped for driving with no taillights. The officer noted an odor of alcohol, mumbling/slurred speech, and he exited the vehicle slowly. He also had a sway to his stance and exhibited mood swings. The defendant stated he had drank 2 beers. He started to the do the roadside tests but never finished, so they alleged he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton had several discussions with the State regarding the evidence. On tape, the officer actually stated that the roadsides are "not normal" and that he "typically doesn't stand on one leg." We pointed this out to the State, and they Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-CT-039127 | Judge Jacobus |
| Facts: | A caller dialed 911 stating that the defendant was possibly a drunk driver. The officer got behind the defendant and observed her to driving into the bike lane and come to a stop. The officer then got behind the defendant and conducted a traffic stop. The officer noticed an odor of alcohol, bloodshot/watery eyes, and was slow stepping out of the car. She then performed the walk and turn, one leg stand, and HGN (eye test). She was arrested for DUI and later blew a .187 in the breath machine. | |
| Defense: | After several conversations with State about the case, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-CT-021924 | Judge Jacobus |
| Facts: | The defendant was stopped for having an expired tag. Officers observed the defendant to have an odor of alcohol, slow/slurred speech, and lethargic movements. He also had bloodshot eyes. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .196 and .190 in the breath machine. | |
| Defense: | After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-CT-034896 | Judge Jacobus |
| Facts: | Officers responded to a call that the defendant was unable to maintain a single lane and almost hit a semi-truck. Officers stopped the defendant and noticed an odor of alcohol, red/glassy eyes, and he was slow to exit his car. After performing various roadside tests, he was arrested for DUI. He later blew a .137 and .133 in the breath machine. | |
| Defense: | Issues were raised by the firm about the lawfulness of the traffic stop due to a lack of corroboration of the driving pattern by the police. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2022 | Case: 22-MM-017205 | Judge Jacobus |
| Facts: | Police were called out to a bar because the defendant was causing a disturbance. When police arrived, the defendant was attempting to drive away. Officers noticed an odor of alcohol, a drowsy/fatigued look, he stumbled, and appeared clumsy. His speech was slow and he was clumsy with his documents. The defendant refused to do roadside tests and was arrested for DUI. He later refused a breath test. He was also charged with resisting arrest for failing to abide by officer commands. He was tasered due to failing to comply. | |
| Defense: | The police reports exaggerated the defendant's level of impairment versus the videotape. The State Dropped the DUI and also Dismissed the resisting an officer charge. | |
| Result: | The State dropped the DUI. | |
| Nov 29, 2022 | Case: 22-CT-010239 | Judge Farr |
| Facts: | The defendant was stopped after an officer saw him enter a roadway without stopping, make an illegal U-turn at a red light, and drive at a high rate of speed. The officer noticed an odor of alcohol along with an odor of burnt marijuana, slow/slurred speech, and lethargic movements. After refusing to perform roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After several discussions with the prosecutor about the case, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2022 | Case: 22-CT-010001 | Judge Oster |
| Facts: | The defendant was stopped for driving without a driver's side headlight. The officer noticed an odor of alcohol, watery eyes, and fumbling fingers. She then performed various field sobriety tests and was arrested for DUI. She later blew a .135 and .133 in the breath machine. | |
| Defense: | After several discussions with the State regarding the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2022 | Case: 22-CT-008192 | Judge Oster |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant also admitted to having consumed alcohol. After performing roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no probable cause to arrest the defendant based on the video tape. The State agreed and Dropped the DUI. He not only received No Conviction on his record, but also received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Nov 17, 2022 | Case: 22-CT-012518 | Judge Booras |
| Facts: | The defendant found by police passed out behind the wheel of his car. Officers observed an odor of alcohol, slurred speech, and he appeared unsteady on his feet. The defendant refused to do any roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | There was a lack of probable cause to arrest the defendant based on a lack of evidence. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 15, 2022 | Case: 22-CF-008467 | Judge Twine-Thomas |
| Facts: | The defendant was stopped for making improper turns and weaving. The officer noticed an odor of marijuana, red/glassy eyes, and constricted pupils. The defendant stated he had smoked a joint a little while ago. The defendant only performed the HGN (eye test) and was arrested for DUI. He later refused a urine test. After his arrest, the police found cocaine and he was also charged with felony possession. | |
| Defense: | Prior to trial, after several negotiations with the State, the State Dropped the DUI and the defendant received No felony conviction for the possession charge. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2022 | Case: 22-CT-005858 | Judge Cohen for Silver |
| Facts: | The defendant was stopped for speeding. The defendant took over a minute to stop and passed over several areas where he could have stopped, even with lights and sirens behind him. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He appeared disoriented and had a flushed face. When asked how much he drank, he responded, "not much." The defendant performed the HGN (eye test) and began to do the walk and turn. He was very unsteady, refused to continue, and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | When the defendant was stopped, he was immediately placed in handcuffs and ordered out of the car at gunpoint. The firm put forth to the State that the initial handcuffing was an unlawful seizure. Since all of the DUI observations were made after the illegal seizure, (i.e.the handcuffing), they were obtained unlawfully. | |
| Result: | The State Dropped the defendant's Second DUI. | |
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