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Parks & Braxton, PA: Brevard DUI Lawyer

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ALSO SERVING VOLUSIA COUNTY (DAYTONA)
Local
321.593.0222
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Free Consultations
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OUR RECENT VICTORIES

Mar 4, 2026 Case: 25-CT-003479 Judge D. Steele
Facts: The defendant was the at fault driver in a rear end crash. Officers observed an odor, bloodshot eyes, and heavily slurred speech. He also leaned on his vehicle for support. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his second DUI arrest.
Defense: Parks & Braxton filed a motion to exclude the field sobriety tests as the defendant was not advised of any adverse consequences. When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences or the refusal will be excluded from evidence. The officer must state something like "your refusal can be used against you in court", or "I will have to make my decision to arrest based on what I've seen so far." Here, there were no adverse consequences. We also filed a motion to exclude all the defendant's statements as they were taken in violation of the accident report privilege. On the day of the motion hearing, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 4, 2026 Case: 25-CT-015088 Judge Taylor
Facts: The defendant was found passed out in her car with damage to her front bumper and the passenger side tires were damaged and flat. EMS was called as well. Officers noticed an odor of alcohol, she used the car for balance, and also had bloodshot eyes. There were small liquor bottles in her bra and she stated that she had drank gin. The defendant performed poorly on the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later blew a .198 and .192 in the breath machine.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 4, 2026 Case: 25-CT-015522 Judge Taylor
Facts: The defendant was stopped after a BOLO went out about a reckless driver. Officers made contact with the defendant and observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later blew a .159 and .158 in the breath machine.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
Facts: The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.
Feb 26, 2025 Case: 23-007747MU10A Judge Francois
Facts: The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
Defense: The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
Result: The State dropped the DUI to a reckless driving.
Feb 25, 2025 Case: 24-CT-016598 Judge Rich
Facts: The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 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.
Feb 24, 2025 Case: 24-011987MU10A Judge Evans
Facts: The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.
Defense: Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
Result: The DUI was dismissed.
Feb 20, 2025 Case: 24-CT-019480 Judge Damico
Facts: The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 in the breath machine.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-045334 Judge Ingram
Facts: The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-041250 Judge Ingram
Facts: The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI .
Result: The State dropped the DUI.
Feb 19, 2025 Case: 24-CT-051274 Judge Ingram
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 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.
Feb 13, 2025 Case: 24-CM-009995 Judge Scott
Facts: The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
Result: The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-012747 Judge Scott
Facts: The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
Result: The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-014431 Judge Scott
Facts: The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 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.
Feb 12, 2025 Case: A77GXKE Judge Vaccaro
Facts: Police got a call about a suspicious vehicle on the side of the highway. When the trooper arrived, he saw the defendant's vehicle on the side of the highway. At the same time, the defendant was inside an ambulance being evaluated by paramedics. The road ranger told the trooper that the defendant was sitting the driver's seat when he arrived. Officers made contact with the defendant and noticed an odor of alcohol, lack of balance, and thick tongued speech. He also had red/bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .243 and .235 in the breath machine.
Defense: Parks & Braxton filed a pretrial motion to suppress the lawfulness of the arrest. In our motion, we alleged that under Florida Statute 901.15, when there is no crash, an officer must observe every element of a misdemeanor crime "in their presence." Here, the officer did not observe the defendant driving or in actual physical control when he arrived (i.e., the first element of a DUI). A civilian road ranger is not an officer so the fellow officer rule does not apply. After conversations with the State about the legal issue, the DUI was Dismissed.
Result: The DUI was dismissed.
Feb 11, 2025 Case: 24-CT-011598 Judge Valkenburg
Facts: The defendant was stopped for failing to maintain a single lane (i.e. weaving). Officers noticed an odor of alcohol, slurred speech and bloodshot eyes. He also had fumbling fingers and exaggerated movements. Alcohol was found all over the car. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .088 and .088 in the breath machine.
Defense: Due to the .02 margin of error in the breath machine, we were able to place both breath results below the legal limit. After several negotiations regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502312 Judge Gonzalez
Facts: The defendant was stopped for weaving, running a red light, and having a defective headlight. Officers noticed an odor of alcohol, a disheveled look, she appeared confused, and had bloodshot eyes. Alcohol was found all over the car. The defendant performed very poorly on the field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502019 Judge Gill
Facts: Police responded to a call regarding a drunk pedestrian (i.e. the defendant) that was stumbling around the restaurant parking lot trying to find his car and opening random car doors. Officers arrived and parked behind the defendant who was now in the driver's seat of his car. Officers knocked on the window and he rolled it down in response to their command. They noticed an odor of alcohol, slurred speech, and he appeared unsteady. The defendant stated he had drank two glasses of wine. He performed very poorly on field sobriety tests such as the HGN (eye test), walk and turn, finger to nose, and one leg stand. The walk and turn was actually terminated due to safety concerns as the defendant almost fell over. He was arrested for DUI and later blew a .170 and .164 in the breath machine. This was the defendant's Third DUI.
Defense: Since the caller was anonymous, the officers needed to have some type of corroboration of the defendant's intoxication in order to lawfully seize him. Here, the unlawful seizure, without corroboration, was blocking his car in and ordering him to roll down his window. Officers observed nothing prior to their actions. After conversations with the State regarding the actions by police, they Dropped his Third DUI.
Result: The State dropped the DUI.
Feb 10, 2025 Case: 24-CT-502844 Judge Gonzalez
Facts: The defendant crashed his car into a concrete light pole. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. He also appeared unsteady, had bloodshot eyes, and dilated pupils. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense: EMS was on scene and told the officers that the defendant appeared alert, oriented, answered all questions appropriately, and had a steady gait. This was all in contradiction to the officers' observations. In addition, the arresting officer stated that he conducted a DUI investigation, yet he never asked the defendant questions such as where he was coming from, where heading too, or if he even had a drink. He did not ask one question. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 5, 2025 Case: 24-CT-012794 Judge Taylor
Facts: The defendant was stopped for weaving and nearly striking a vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had consumed several drinks prior to driving. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense: Many observations before and during the field sobriety tests written by the officer were contradicted by the video tape. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.

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