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Parks & Braxton, PA: Brevard DUI Lawyer

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ALSO SERVING VOLUSIA COUNTY (DAYTONA)
Local
321.593.0222
Call 24/7 Nights, Weekends & Holidays
Free Consultations
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OUR RECENT VICTORIES

Feb 5, 2025 Case: 24-CT-503201 Judge Paluck
Facts: The defendant was stopped for having tinted windows too dark under Florida Law. Officers did not smell any alcohol, but noticed bloodshot eyes, an odor of burnt marijuana coming from the truck, bloodshot/watery eyes, and white foam on his lips. Believing that he was impaired by drugs, he was requested to perform field sobriety tests. He then performed the HGN (eye test), estimation of 30 seconds, finger to nose, walk and turn, and one leg stand exercises. According to the officer, he performed poorly and was arrested for DUI. He later provided a urine sample which revealed positive results from FDLE for marijuana and cocaine. This was the defendant's Second DUI.
Defense: Even though he tested positive for nonprescribed illegal drugs, the State still must prove that he was impaired. On tape, none of the defendant's normal faculties were impaired. In fact, the arresting officer can be heard on tape stating that he needed a DRE (drug recognition expert) to be sure that the defendant was impaired by the drugs. Well, no DRE was ever called. So, if the cop is not sure, then how can a jury convict? After conversations with the State, they Dismissed the Defendant's Second DUI.
Result: The DUI was dismissed.
Feb 5, 2025 Case: 24-CT-018325 Judge Gutman
Facts: The defendant was the at fault driver in a rear end traffic crash. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also appeared confused, had a blank/dazed stare, exhibited poor balance, and had a lethargic appearance. He admitted to consuming a couple of beers. He refused to perform field sobriety tests and was arrested for DUI. He 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 4, 2025 Case: 24-CT-502497 Judge Swett
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
Defense: The firm announced ready for trial. After negotiations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 4, 2025 Case: 24-CT-013096 Judge Scott
Facts: The defendant was stopped for swerving, making a wide turn into oncoming traffic, and running a stop sign. Officers observed an odor of alcohol, slurred speech, and red/glassy eyes. After allegedly performing poorly on field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn, he was arrested for DUI. He 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 4, 2025 Case: 24-CT-002631CTAXMX Judge Hitzemann
Facts: The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that she had consumed five drinks while working in the yard earlier in the day. The defendant refused to perform roadside tests and was arrested for DUI. She later refused a breath test. This was her Second DUI.
Defense: On tape, the defendant's speech sounded normal and not slurred. She had no balance issues and was very responsive and coherent. After negotiations with the prosecutor, the State Dropped her Second DUI.
Result: The State dropped the DUI.
Jan 30, 2025 Case: 24-CT-019490 Judge Bonavita
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol and he stated he had consumed two vodkas. He had bloodshot eyes and slurred speech. He performed poorly on the 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 .207 and .194 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.
Jan 30, 2025 Case: 23-CT-021608 Judge Bonavita
Facts: Police dispatch was notified regarding a sick person passed out in a lane of travel. EMS found the defendant passed out in the car with it still in drive. Upon trying to awake the defendant, he tried to drive off with an EMS worker hanging on for almost 300 feet. Police arrived and noticed an odor of alcohol, glassy eyes, and slurred speech. He refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: When the DUI officer arrived, the defendant was already detained in handcuffs. The firm took a pretrial deposition of the first officer on scene. He stated that he was not the one who cuffed the defendant and did not know the officer's name who did. The firm then raised an issue with the State that the defendant was unlawfully detained and cuffed for no reason as no-one could explain why he was in handcuffs prior the DUI officer's arrival.
Result: The State dropped the DUI.
Jan 29, 2025 Case: 24-CT-018256 Judge Griner
Facts: A named citizen called police and stated that the defendant was swerving all over the road and cut him off. Officers conducted a traffic stop and observed an odor of alcohol, bloodshot eyes, and slurred speech. After performing various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew .189 and .182 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Jan 28, 2025 Case: 24-CT-002821 Judge K. Roberts
Facts: The defendant crashed his car into the center median and then a fence. There was heavy front-end damage to his car. Officers noticed an odor of alcohol and watery/glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense: Prior to trial, the firm pointed out to the State that on tape, his speech was normal, he was responsive and coherent, polite, and he had no balance issues. In addition, his field sobriety tests were much better on tape than as described in the police reports.
Result: The State dropped the DUI.
Jan 23, 2025 Case: 24-CT-001584CTAXWS Judge Swett
Facts: Police were called to a McDonalds regarding drunk patron (i.e., the defendant). When police arrived, they came into contact with the defendant and smelled alcohol, observed slurred speech, and had an inability to walk without swaying. No one could find the keys to the car as the defendant had discarded them before the cops arrived. In a jail call later to his mother, he stated that he hid them. Officers went into McDonalds and saw the video of him behind the wheel. He refused to do roadside tests and was arrested for DUI. He later refused a breath test.
Defense: 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). Watching him on a McDonalds video is not in his presence. Thus, he did not observe the first element of DUI so the arrest was unlawful. After conversations with the State about the legal issue, the DUI was Dropped.
Result: The State dropped the DUI.
Jan 23, 2025 Case: 24-CT-002005CTAXWS Judge Grey
Facts: The defendant was stopped for swerving, drifting in his lane, rapidly accelerating, following too closely, and almost striking another car. Officers observed an odor of alcohol and he admitted to consuming four beers. He also had slurred speech, dry mouth, watery eyes, and he made unusual/inconsistent statements. He was also unsteady and swayed while he stood. After performing HGN (eye test), the walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense: After conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2025 Case: 24-MM-002668MMAXWS Judge Grey
Facts: The defendant was stopped for swerving and failing to maintain her lane. Officers noticed an odor of alcohol, slurred speech, and she was unsteady. She admitted to having drank alcohol and also stumbled. She refused to perform field sobriety tests and was arrested for DUI. She refused to get into the patrol car and was also charged with resisting an officer without violence. She later refused a breath test.
Defense: 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 she received no conviction on the resisting charge.
Result: The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-011540 Judge Bagge-Hernandez
Facts: The defendant was the at fault driver in a rear end traffic crash. Witnesses stated that she was driving at a high rate of speed and cutting across lanes of traffic prior to the accident. Officers noticed an odor of alcohol, slurred speech, and watery eyes. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she 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.
Jan 22, 2025 Case: 24-CT-013463 Judge Taylor
Facts: The defendant drove up to officers as they were on an unrelated traffic stop/crash scene. Officers approached him and noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also urinated on himself and had an unsteady stance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: After conversations with the State regarding the defendant and the evidence, they Dropped his Second DUI.
Result: The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-013268 Judge Taylor
Facts: The defendant was stopped for speeding and also nearly striking a police car. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He exhibited unsteady balance and admitted to having drank alcohol. He performed poorly on the roadside tests such as the walk and turn and one leg stand. He was arrested for DUI and later blew a .182 and .175 in the breath machine.
Defense: After negotiations regarding the defendant and evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 22, 2025 Case: 24-CT-013306 Judge Taylor
Facts: The defendant was stopped for running a stop sign and weaving. Officers noticed an odor of alcohol, slurred speech, confusion, and watery eyes. He admitted to drinking alcohol and had a wristband on from a bar. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense: The defendant's field sobriety tests on tape were much better than as described in the police reports. Also, his speech was not slurred on tape and he did not appear confused. After conversations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-045137 Judge Skinner
Facts: Police were called to a hospital parking lot due to a male being passed out in his car with the engine running. The officer arrived and noticed the defendant slumped over the wheel. The officer got the defendant out of the car to check on his well-being. He noticed an odor of alcohol, glassy eyes, and pinpoint pupils. He was unsure, confused, and was very unsteady. He almost fell over and officers had to grab him to keep him from falling. The defendant stated he "was drunk as fuck." No roadside tests were conducted and he was arrested for DUI. He later blew a .313 and .310 in the breath machine (almost 4 times the legal limit).
Defense: The firm provided mitigation evidence to the State regarding the defendant. After reviewing the mitigation documents and many conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-047530 Judge Skinner
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He appeared clumsy, swayed while he stood, and his movements were slow. The defendant stated that he had consumed multiple shots of vodka and drank beers. He performed very poorly roadside tests and was arrested for DUI. He later blew a .204 and .200 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.
Jan 21, 2025 Case: 24-CT-400419 Judge D. Johnson
Facts: The defendant was pulling out of a parking lot. Before pulling out, he reversed and backed up into a police car. Once out the car, the officer had him kneel on the ground. Due the defendant's "erratic behavior," the officer called for other officers and handcuffed him. Once other officers arrived, he was then placed in the back of patrol car while still cuffed. He was in the back seat cuffed for well over 30 minutes until a DUI officer arrived. Officers noticed an odor alcohol, he admitted to having drank two beers and taking illegal drugs, and he was argumentative. His speech was confused and rapid. He performed poorly on all the field sobriety tests and was arrested for DUI. He later blew a .137 and .136 in the breath machine.
Defense: The firm filed a pretrial motion to suppress all the evidence. In our motion, we alleged that the defendant was illegally being seized by being cuffed not only from the beginning, but also while cuffed in the back of a patrol car for over 30 minutes without probable cause to believe that he was DUI. On video, the DUI officer arrived and even asked why was he in the back of the patrol car cuffed. The Judge agreed that he was unlawfully seized, granted the motion, and threw out all the evidence. The State then Dropped the DUI to a civil infraction of careless driving. No points, no conviction, and all the defendant had to do was pay a fine.
Result: The State dropped the DUI.
Jan 21, 2025 Case: 24-CT-011420 Judge Gutman
Facts: The defendant was stopped for crossing over the double yellow lane divider. When running her tag, she had a suspended driver's license. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. During field sobriety tests, she was acting in a bizarre fashion by doing dance moves and air squats. She performed poorly and was arrested for DUI. She later refused a breath test.
Defense: After conversations about the case just prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.

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