| Sep 23, 2020 | Case: 20-CT-002962 | Judge Gutman |
| Facts: | The defendant was stopped for failing to maintain a single lane. She had an odor of alcohol, slurred speech, and watery/red eyes. She also had fumbling fingers and there was some vomit in the car. She refused to do the roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | The lawfulness of the traffic stop was called into question by the firm due to the fact that no other traffic was affected by her driving. The State Dropped the DUI. | |
| 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
| Sep 22, 2020 | Case: 20-CT-018465 | Judge Babb |
| Facts: | The defendant was stopped for driving south bound in the north bound lane and speeding. The officer observed an odor of alcohol, slurred speech, and he swayed while he stood. The defendant refused to do the field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | When a defendant refuses to perform roadside tests, the officer must advise the person of adverse consequences for refusing. If they do not, the refusal gets excluded from evidence. Here, the officer did not advise the defendant of any adverse consequences when he refused. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 15, 2020 | Case: 19-CT-051810 | Judge T. Brown |
| Facts: | The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and slurred speech. He admitted to consuming two drinks and his movements were slow and unsure. After performing field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused the breath test. | |
| Defense: | The description of the defendant's performance on the roadside tests was vaguely written with hardly any specifics. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 10, 2020 | Case: 19-CT-002407 | Judge Militello |
| Facts: | The defendant was stopped when officers observed her driving at a slow rate of speed and weaving. They observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. She was unsteady, swayed, and appeared confused. After performing several field sobriety tests, she was arrested for DUI. She later refused the breath test. | |
| Defense: | Due to some conflicts between the reports and the video tape, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 9, 2020 | Case: 19-CT-019691 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank alcohol. He then performed numerous field sobriety tests and was arrested for DUI. He later blew a .093 and a .091 in the breath machine. | |
| Defense: | With the .02 margin of error in the breath machine, the firm was able to place the defendant's breath alcohol results under the legal limit. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 9, 2020 | Case: 20-CT-013607 | Judge Jacobus |
| Facts: | The defendant was stopped coming out of a bar parking lot. According to the officer, his car lost traction and accelerated heavily. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having drank IPA beers. He then performed roadside tests and was arrested for DUI. He later blew a .08 and a .08 in the breath machine. | |
| Defense: | In order to lawfully stop an individual, there must be probable cause to conduct the traffic stop. Here, since no traffic or pedestrians were affected by the defendant's actions of peeling out, the stop was unlawful. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2020 | Case: 20-CT-000066 | Judge Farr |
| Facts: | The defendant was stopped for weaving. He was straddling the lane markers and drifting from side to side. The officer noticed an odor of alcohol and bloodshot eyes. He then performed field sobriety tests and the defendant was arrested for DUI. He later blew a .153 and a .139 in the breath machine. | |
| Defense: | No traffic was affected by the defendant's driving and he was stopped very quickly. This called into question the lawfulness of the traffic stop. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 2, 2020 | Case: AALGLIE | Judge Bedinghaus |
| Facts: | The defendant was stopped for driving erratically. He was driving slow, then fast, and also weaving. The officer observed an odor of alcohol, slurred speech, and he had trouble finding his drivers license. He stated he had drank tequila and beer. After performing the walk and turn and one leg stand tests, he was arrested for DUI. | |
| Defense: | The police reports over exaggerated the defendant's level of impairment as compared to the police car dash cam video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 2, 2020 | Case: 2018-MM-001126 | Judge Hamilton |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and she admitted to drinking alcohol. According to the officer she performed poorly on roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Before requesting field sobriety tests, an officer must have reasonable suspicion to believe that the defendant was impaired. There was only evidence the defendant had consumed alcohol. Here there was no erratic driving pattern nor any actual indicators of impairment. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2020 | Case: 20-CT-001399 | Judge Conrad |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed an odor of alcohol, thick tongued speech, and watery eyes. He also had to lean on the vehicle for balance. After performing roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | On video, the firm pointed out to the State that the officer had the defendant do the walk and turn and one leg stand tests on the highway with cars speeding by and also the roadway had a very large slope. Under the NHTSA guidelines, roadside tests should be conducted on level surface. Thus, any impairment could have been equally attributed to the conditions on the road versus alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2020 | Case: 20-CT-001820 | Judge Conrad |
| Facts: | The defendant was stopped after almost striking an officer with his car. The officers observed an odor of alcohol, lethargic movements, and slurred speech. The defendant admitted to having drank alcohol. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The video tape contradicted many of the officer’s written reports. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 1, 2020 | Case: 20-CT-003251 | Judge Conrad |
| Facts: | The defendant was stopped for violating the move over law. Officers observed an odor of alcohol, slurred speech, and lethargic movements. He had glassy eyes and admitting to having drank whiskey. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The lawfulness of the traffic stop was called into question and the defendant could not get over because there were other cars blocking him from doing so. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-057710 | Judge Peacock |
| Facts: | The defendant was passed out behind the wheel. When police awoke him, they observed an odor of alcohol, bloodshot eyes, and slurred speech. He swayed while he stood and his dexterity was clumsy. He was arrested for DUI after performing several field sobriety tests. He later blew a .119 and a .108 in the breath machine. | |
| Defense: | The defendant could not have been in actual physical control because one cannot have the capability of operating the motor vehicle while sleeping. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-022104 | Judge Damico |
| Facts: | The defendant was stopped by police as she was stuck on the railroad tracks trying to move her vehicle. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She stumbled and needed help balancing herself. She also stated she had consumed several drinks. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew. a .181 and a .178 in the breath machine. | |
| Defense: | There were issues as to whether the defendant was coerced into doing roadside tests at the scene. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2020 | Case: 19-CT-016761 | Judge Jeske |
| Facts: | The defendant was found by police parked in a parking lot after hours. The area had experienced many thefts. The officer then approached the defendant. He was asleep at the wheel. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, bloodshot eyes, he swayed, and was very off balance. The defendant refused roadside tests and was arrested for DUI. He later refused the breath test after vomiting. | |
| Defense: | A high crime area alone doesn't give an officer "reasonable suspicion" of a crime to order a person to get out of their car. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 26, 2020 | Case: 19-CM-013013 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank beers. The defendant then performed field sobriety tests and was subsequently arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant had a pelvic hernia which was supported by medical documentation. Yet, the officer still had him do the one leg stand and walk and turn exercises. There was doubt whether any impairment was due to his injury versus alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 26, 2020 | Case: A6WGTQE | Judge Dittmer |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers didn't smell an odor of alcohol, however, they noticed the defendant seems very confused, he staggered, and swayed while he stood. Believing he was impaired by drugs, he was asked to perform field sobriety tests. He exhibited numerous cues of impairment and was arrested for DUI. He later submitted to a Urine test. The FDLE report later revealed two different controlled substances. | |
| Defense: | Prior to trial, the firm submitted numerous medical documents to the State showing that the defendant had numerous injuries from a prior accident which severely affected his balance. In addition, we provided proof that he had been prescribed the two drugs to which he tested positive. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 19-CT-011321MU10A | Judge Diaz |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and an odor of burnt marijuana coming from the vehicle. The defendant's eyes were red, his face was flushed, and he stated that he had drank beer. In addition, the officer noticed slurred speech and he appeared unsteady. According to the officer, he failed the roadsides and was arrested for DUI. He later refused the breath and urine tests. | |
| Defense: | Parks & Braxton took a pretrial deposition of the officer. In deposition, upon detailed questioning, the firm was able to establish numerous inconsistencies between his police reports and deposition sworn testimony. As the officer's credibility was now called into question, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 20-CT-019479 | Judge Friedland |
| Facts: | The defendant was stopped after a caller notified police about a driver, the defendant, driving southbound in the north bound lane with no bumper. Upon contact with the defendant, the officer noticed an odor of alcohol and watery/bloodshot eyes. Her face was flushed and she swayed while she stood. After performing numerous field sobriety tests, she was arrested for DUI. She later blew. a .141 and a .141 in the breath machine. | |
| Defense: | There needs to be corroboration of the driving pattern when an anonymous caller dials 911. Here, the stop was unlawful because there was no corroboration of any erratic driving pattern. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2020 | Case: 19-CT-016737 | Judge Jeske |
| Facts: | The defendant was stopped for driving with a defective tag light. The defendant had an odor of alcohol, slurred speech, and bloodshot eyes. He had difficulty opening the car door, difficulty understanding instructions, and his dexterity was poor. He refused to do roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Almost every observation that the officer wrote in his reports was contradicted by the video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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