| Nov 8, 2022 | Case: 22-CT-011546 | Judge Damico |
| Facts: | Officers were called to a gas station about a possible impaired driver (i.e. the defendant). The defendant was seen exiting the gas station and an officer then observed him strike a curb. The defendant was very slow to stop even in lieu of police lights and sirens. The officer noticed the defendant to have an odor of alcohol, red/glassy eyes, and a blank stare. He stumbled getting out of the car, swayed while he stood, and had slurred speech. The defendant performed very poorly on roadside tests and was arrested for DUI. He later blew a .185 and .178 in the breath machine. | |
| Defense: | The lawfulness of the stop was called into question. The unknown caller gave no specifics facts other than a possible impaired driver. Hitting a curb one time is not probable cause to conduct a traffic stop. Anyone who takes their eyes off the road for a second can bump a curb just like the defendant did. | |
| 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
| Nov 7, 2022 | Case: 22-CT-012800 | Judge Conrad |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, unsteadiness on her feet, and bloodshot/watery eyes. She then performed the HGN (eye test), walk and turn, and one leg stand roadside tests. She was subsequently arrested for DUI and later refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's "normal faculties" were impaired as required by the Florida DUI statute 316.193. The firm had the State watch the video tape and they agreed. | |
| Result: | The State dropped the DUI. | |
| Nov 7, 2022 | Case: 22-CT-026689 | Judge Atkin |
| Facts: | The defendant was stopped after the officer observed her driving onto the median and off the right-hand side of the road into the grass three separate times. Officers observed an odor of alcohol, glassy eyes, and slurred speech. The defendant started to do the field sobriety tests but refused to continue during the walk and turn. She was arrested for DUI and later refused a breath test. | |
| Defense: | Under Florida law, a defendant cannot be requested to submit to a breath test until after being arrested for DUI. If an officer requests a breath test prior to the arrest, the refusal is excluded from evidence. Here, the officer asked the defendant for a breath test prior to her arrest for DUI. The State Dropped the DUI knowing they would not have the refusal to put into evidence. | |
| Result: | The State dropped the DUI. | |
| Nov 3, 2022 | Case: AEBN2WE | Judge Lawhorne |
| Facts: | The defendant was stopped for driving with no lights after dark. The officer noticed an odor of alcohol, slurred speech, and a flushed face. Her eyes were also bloodshot and watery. According to the officer, she failed the field sobriety tests and was arrested for DUI. This was the defendant's Second DUI. | |
| Defense: | After viewing the video tapes, the firm put forth to the State during negotiations that there was a lack of probable cause to arrest the defendant. We based our arguments on her performance on the roadside tests as well as all observations made by the officer prior to the tests. The State agreed and Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-035994 | Judge Peacock |
| Facts: | The defendant was stopped for not having his headlights on after dark. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused the breath test. | |
| Defense: | There was a lack of probable cause to arrest the defendant based on his performance on the roadside tests. Also, on tape, his speech was normal and not slurred. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-031152 | Judge Peacock |
| Facts: | The defendant was found unconscious in his running truck in a bar parking lot. Upon awakening him, the officer noticed an odor of alcohol, watery eyes, and he appeared unsteady. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The defendant had no capability to operate his truck while he was sleeping. Thus, he could not have been in actual physical control. Also, he was trying to the do the right thing by coming out the bar, sleeping it off, and not driving. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-009245 | Judge Jeske |
| Facts: | The defendant was stopped for speeding and driving in an erratic "jerky" manner. The officer noticed an odor of alcohol, slurred/erratic speech, and she appeared unsteady on her feet. After performing various field sobriety tests, she was arrested for DUI and later blew a .146 and .141 in the breath machine. | |
| Defense: | Many observations written in the police reports contradicted the video tape. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-006655 | Judge Jeske |
| Facts: | The defendant was stopped for driving southbound in the northbound lane. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to drinking, was unsteady, and had a bracelet on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew .199, .177, and .183 in the breath machine. | |
| Defense: | Under Florida law, two breath samples are required within a .02 margin of error of each other. Here, there were three because the first two were outside the margin of error. Due to discrepancies in the breath results, inconsistencies in the evidence, and several negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-004767 | Judge Jeske |
| Facts: | The defendant was found passed out in his truck by police. Upon awakening him, they noticed an odor of alcohol, slurred speech, and the defendant stated he had been partying. An open bottle of beer was also found in his truck. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .182 and .181 in the breath machine. | |
| Defense: | The legality of the initial seizure of the defendant by ordering him out of his truck was called into question. | |
| Result: | The State dropped the DUI. | |
| Nov 2, 2022 | Case: 22-CT-030015 | Judge Peacock |
| Facts: | The defendant was stopped after being observed by the police drifting within his lane. He was also crossing over lane markers and speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. He swayed, appeared clumsy, and admitted to having consumed two drinks. He then performed numerous roadside tests and was arrested for DUI. He later blew a .161 and .149 in the breath machine. | |
| Defense: | After several conversations with the State regarding the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 1, 2022 | Case: 21-CF-012805 | Judge Barbour |
| Facts: | The defendant was stopped by police at gunpoint after two civilians stated via 911 that the defendant was following them and pulled a gun on them. Within a minute of the 911 call, police located the defendant and stopped his car. After being ordered out, the police placed handcuffs on him and kept him detained. While cuffed, the officer noticed an odor alcohol, he admitted to having drank 3-4 beers, and he had red/glassy eyes. He was asked to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's 4th DUI and he was charged with Felony DUI. He was also charged with two counts of aggravated assault with a firearm. | |
| Defense: | Parks & Braxton took pretrial depositions of the witnesses. At depo, the civilian witnesses who stated that the defendant pulled a gun were impeached with their pretrial statements which contradicted the depo testimony. In addition, the police did not find any gun. The two aggravated assault charges were Dismissed. As to the Felony DUI, the defendant was unlawfully detained as the police kept him handcuffed after not finding any gun. All of the DUI observations were made after the illegal detention. In addition, the officer's testimony was also impeached at the depo. | |
| Result: | The State Dropped the defendant's 4th Felony DUI. | |
| Oct 31, 2022 | Case: 21-CT-020132 | Judge Bryson |
| Facts: | The defendant was stopped for weaving and speeding. The officer noticed an odor of alcohol, slurred speech, and he swayed while standing. The defendant, when asked if he had been drinking, admitted to having consumed 2, 3, or 4 beers. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .184 and .171 in the breath machine. | |
| Defense: | After a year of discussions and negotiations with the State about the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 31, 2022 | Case: 22-CT-008720 | Judge Panse |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer noticed an odor of alcohol, bloodshot eyes, and he used his vehicle for balance. He admitted to having drank a glass of vodka and almost fell over. He then performed various roadside tests. For example, on the walk and turn, he stepped off the line, took 19 steps (versus the required 9), and lost his balance. On the one leg stand, he fell over on the ground. He was then arrested for DUI and later refused a breath test. | |
| Defense: | We pointed out due the defendant's age being over 70 years old, and various medical conditions, the impairment observed on the roadsides could have as easily been due to those factors versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2022 | Case: 21-CT-009790 | Judge Jeske |
| Facts: | The defendant was stopped after striking a raised concrete median and almost running over an officer who was directing traffic. Officers noticed the defendant to have an odor of alcohol, glassy eyes, and he gave a credit card instead of his driver's license. He had difficulty opening the car door and appeared very unsteady. Due to safety concerns, roadsides were discontinued. He was then arrested for DUI and later blew a .166 and .163 into the breath machine. | |
| Defense: | After numerous negotiations over the past year with the State about the evidence and the defendant, they agreed to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2022 | Case: 22-CT-008195 | Judge Farr |
| Facts: | The defendant was stopped for weaving and almost running off the roadway. Officers noticed an odor of alcohol, slurred speech, and he appeared disoriented. He then performed various roadside tests and was arrested for DUI. He then blew a .112 and .117 in the breath machine. | |
| Defense: | Based on the videotape evidence, it was apparent that the defendant may have been below the legal limit at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2022 | Case: 22-CT-005153 | Judge Farr |
| Facts: | The defendant was stopped for making an illegal right turn on red. Officers observed an odor of alcohol, watery eyes, a drunk-like appearance, and very slurred speech. They also noticed the defendant to appear slow and sluggish. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The officer over exaggerated the level of impairment in his police reports as compared to the actual video tape. After discussions with the State about the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2022 | Case: 22-CT-008531 | Judge Farr |
| Facts: | The defendant was stopped for speeding and running a red light. Officers observed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to consuming one beer. After performing various field sobriety tests, he was arrested for DUI. He then blew a .150 and .146 in the breath machine. | |
| Defense: | Due to various discrepancies between the police reports and the videotape, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 26, 2022 | Case: 22-CT-002401 | Judge Dekleva |
| Facts: | The defendant was stopped for swerving and almost causing a collision. The officer observed an odor of alcohol, glassy eyes, and confusion while speaking. She stated she was drunk and knew she should not be driving. She performed very poorly on field sobriety tests and was arrested for DUI. She later blew a .167 and .164 in the breath machine. | |
| Defense: | After speaking to the prosecutor about the evidence and about the defendant herself, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 26, 2022 | Case: 22-CT-002072 | Judge Dekleva |
| Facts: | The defendant was stopped for crossing over the double yellow lane marker into opposing traffic. The officers noticed an odor of alcohol, a flushed face, and bloodshot eyes. He admitted to having drank 4 beers. After performing various roadside tests, he was arrested for DUI. He later blew a .128 and .121 in the breath machine. | |
| Defense: | Due to conflicts between the written reports and the videotape, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 26, 2022 | Case: 22-CT-000652 | Judge Roberts |
| Facts: | The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, watery eyes, and slurred speech. According to the officer, the defendant stumbled and lost his balance. He was asked to perform roadside tests to which he complied. He then performed the walk and turn, one leg stand, an HGN (eye test). He was subsequently arrested for DUI and later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The defendant was the victim in the crash and not the at fault driver. A car pulled out and smashed into him. Also, on the tape, his speech was not slurred. In addition, although the officer wrote the defendant stumbled, that was not on tape and we could see the defendant standing around for about 10-15 minutes without appearing off balance. | |
| Result: | The State Dropped the Defendant's Second DUI. | |
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