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Parks & Braxton, PA: Brevard DUI Lawyer

ALSO SERVING VOLUSIA COUNTY (DAYTONA)
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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

Jan 22, 2026 Case: 25-CT-001949 Judge Justice
Facts: The defendant was stopped for being stopped and passed out in his car in the middle of the road. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and 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.
Jan 21, 2026 Case: 25-CT-005440 Judge Legler
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and he appeared nervous. He stated that he had consumed a couple of drinks at the club. The defendant performed the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense: After conservations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 21, 2026 Case: 25-CT-047475 Judge Jacobus
Facts: The defendant was stopped for having a defective rear taillight. Officers noticed an odor of alcohol, a flushed face, he was argumentative, and had bloodshot eyes. His speech was also slurred and thick tongued. Due to physical injuries, he performed the non-physical roadside tests such as HGN (eye test), estimation of 30 seconds and the finger to nose. He was arrested for DUI and 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.
Jan 15, 2026 Case: 25-CT-008063 Judge Hankin
Facts: The defendant was found passed out in his car after it crashed into a bunch of bushes. Officers noticed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant admitted to having drank one to four beers. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .204 and .196 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.
Jan 14, 2026 Case: 25-CT-011331 Judge Valkenburg
Facts: The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy eyes, slurred speech, fumbling fingers, and delayed verbal communications. She performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later blew a .198 and .199 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.
Jan 13, 2026 Case: AL8GLLE Judge Mckyton
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, red eyes, and slurred speech. He also had a sway to his stance. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense: The walk and turn exercise is not a "normal" way to walk. The cop can actually be heard on tape stating, "it seems like it may be difficult." The cop also was talking so fast that it was hard to follow his instructions. After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 13, 2026 Case: AKWRIBE Judge Lawhorne
Facts: The defendant was stopped for speeding and swerving (crossing over the dotted lines). Officers noticed an odor of alcohol, a dazed/blank stare, unsteadiness, and watery eyes. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. After being arrested for DUI, he blew a .131 and .128 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.
Jan 13, 2026 Case: ALE87ME Judge Croff
Facts: The defendant was found passed out in her car in a parking lot of a restaurant/bar around 6 a.m.. Upon awakening the defendant, they noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. She performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later blew a .137 and .130 in the breath machine.
Defense: When officers approached her car, the driver's seat was reclined. The defendant also told the officers that she was trying to sleep it off after drinking in the bar of the exact parking lot she was parked in. In other words, doing the right thing by not driving. Since it was 6 a.m., she had obviously been sleeping there all night. After conversations with the State about the facts, and that the defendant was doing the morally right thing, they Dropped the DUI.
Result: The State dropped the DUI.
Jan 13, 2026 Case: ALE871E Judge Croff
Facts: The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, mumbling/slurred speech, and watery eyes. He was unsteady, swayed, and staggered. Numerous alcoholic beverage containers were found in his vehicle. He refused to perform and field sobriety tests 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.
Jan 12, 2026 Case: 25-CT-002288 Judge Gould
Facts: The defendant was stopped for weaving and driving with no headlights on after dark. Officers observed an odor of alcohol, a flushed face, watery eyes, and mumbling/slurred/thick-tongued speech. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense: The defendant's performance on the field sobriety tests were much better than as described in the highly exaggerated police reports. Also, his speech was normal and there was no weaving at all on the officer's dash camera. After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 12, 2026 Case: 25-CT-002676 Judge Gould
Facts: The defendant had been doing donuts (burnouts) in a parking lot and ended up crashing into a pond. When officers arrived, they observed the defendant to be soaking wet. He had an odor of alcohol, red eyes, and the defendant denied drinking alcohol. He refused to perform any field sobriety tests 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.
Jan 12, 2026 Case: 25-CT-001823 Judge Gould
Facts: The defendant was stopped in the middle of the roadway and his passenger was dancing in the middle of the road. Officers saw this and made contact with the defendant (driver). They observed an odor of alcohol and he stated that he had drank four beers. He had bloodshot eyes and slurred speech. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .171 and .163 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.
Jan 12, 2026 Case: 25-CT-011484 Judge Allen
Facts: The defendant was stopped for driving with an inoperable headlight. Officers noticed an odor of alcohol and bloodshot/glassy eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Prior to trial, we told the prosecutor that there is literally no impairment, and as such, no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs.
Result: The State dropped the DUI.
Jan 12, 2026 Case: 25-CT-049646 Judge Skinner
Facts: The defendant was stopped for an inoperable taillight. Officers noticed an odor of alcohol, a flushed face, glossy eyes, and slurred speech. Her movements were slow and she appeared unsure. The defendant denied drinking any alcohol. She performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and 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.
Jan 12, 2026 Case: 25-CT-001478 Judge L. Sweet
Facts: The defendant was stopped for weaving and scraping against the curb. Officers observed an odor of alcohol, glassy/watery eyes, and slurred speech. His movements were slow, coordination was poor, and he appeared very unsteady on his feet. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a.253 and .253 in the breath machine.
Defense: As of October 1, 2025, a first refusal to submit to a breath test is now an additional crime. This defendant was arrested in August, two months before the law came into effect. When the defendant was asked for a breath test, he stated no. The officer then advised him of the implied consent law. However, she then went beyond the realm of the implied consent law and "told him that he would be committing a crime if he refused because the law changed." Well, she was obviously wrong and two months shy of the law changing. This misinformation and coercion caused the defendant to agree to the breath test. The firm filed a motion to suppress the .253/.253 breath test results based on misinformation of the law. The State agreed with our motion and Dropped the DUI prior to any hearing.
Result: The State dropped the DUI.
Jan 12, 2026 Case: 25-CT-044858 Judge Koenig
Facts: The defendant was stopped for weaving all over the road. Officers observed an odor of alcohol, bloodshot eyes, slurred speech, and he stated that he had consumed two drinks. The defendant also stumbled and swayed. The defendant performed the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .128 and .114 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.
Jan 7, 2026 Case: 25-CT-502820 Judge Mirra
Facts: The defendant was stopped for honking his horn multiple times without any apparent reason and making an illegal U-turn. Officers noticed an odor of alcohol, open containers of alcohol in the center console, bloodshot eyes, and he was very insulting and combative. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI.
Defense: On tape, he was only being combative because he felt that he was not impaired and/or intoxicated. His speech was normal and he was not off balance at all. He performed very well on the roadside tests compared to what was written in the reports. Just prior to trial, the State Dropped the DUI and he received no conviction and no penalties other than a fine and court costs.
Result: The State dropped the DUI.
Jan 7, 2026 Case: 25-CT-502866 Judge Mirra
Facts: The defendant was found by police sitting in a lane of traffic. Officers noticed an odor of alcohol, watery eyes, and slurred speech. The defendant refused to perform and field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Second DUI.
Defense: The defendant explained to police that he was looking for his dog and that why he had stopped in the road. In addition, the firm filed a motion to exclude his refusal to perform field sobriety tests. 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 he received no penalties other than court costs and a fine.
Result: The State dropped the DUI.
Jan 7, 2026 Case: 25-CT-008579 Judge Taylor
Facts: The defendant was stopped for sitting at a green light, stopping without cause in a traffic lane, and driving well under the speed limit. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. The defendant stated she had drank two to three cups of whisky. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later blew a .177 and .165 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.
Jan 7, 2026 Case: 25-CT-046461 Judge Ingram
Facts: The defendant was stopped for weaving all over the road and speeding. Officers observed an odor of alcohol, unsteadiness, clumsiness, and slurred/slow speech. The defendant stated that he had drank a couple of beers. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and 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.

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