| Jul 3, 2019 | Case: 18-CT-019685 | Judge Myers |
| Facts: | The defendant was stopped for speeding. The officer noticed the defendant to have an odor alcohol, slurred speech, and bloodshot eyes. He also fumbled around with his documents. According to the officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The firm announced ready to set the case for trial. Prior to trial, the firm pointed out numerous inconsistencies in the officer's reports and also contradictions as compared to the videotape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Jul 2, 2019 | Case: 2019-CT-000881 | Judge Farr |
| Facts: | The defendant was stopped for weaving, swerving, and sitting through traffic light cycles. The officer observed her to have an odor of alcohol, bloodshot eyes, and she gave inconsistent statements. She performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .130 and a .119 in the breath machine. | |
| Defense: | The video contradicted the officer's report as to many aspects of the alleged impairment. The State Dropped the DUI and she received no conviction. | |
| Result: | The State dropped the DUI. | |
| Jun 26, 2019 | Case: 19-CT-005000 | Judge Castor |
| Facts: | The defendant was stopped for speeding. The defendant had an odor of alcohol, bloodshot eyes, and he admitted to having drank beer. He was unsteady on his feet and also swayed. He then performed numerous field sobriety tests and was arrested for DUI. After his arrest he blew. a .204 and a .197 in the breath machine. | |
| Defense: | When the officer turned on his police lights to initiate the traffic stop, the defendant did not stop immediately. He kept driving a bit until he reached his house. The officer ordered him out of the vehicle at gunpoint. There was no legal basis to justify the officer's initial detention by gunpoint as the defendant only drove a short distance, did not speed up upon seeing the police lights, and there was no evidence he was trying to flee. | |
| Result: | The State dropped the DUI. | |
| Jun 25, 2019 | Case: 18-028803MU10A | Judge Pole |
| Facts: | Police stopped the defendant after an anonymous caller stated that the defendant had struck a guardrail and was driving recklessly. Prior to the stop, the officers also spotted the defendant driving into oncoming traffic. The defendant had glassy eyes, constricted pupils, and rambled when he spoke. Believing he was impaired by drugs, as there was no odor of alcohol, he was asked to perform roadside tasks. He performed very poorly and was arrested for DUI. He later refused a breath and urine test. | |
| Defense: | Prior to trial, the firm filed a motion for statement of particulars. Were were requesting that the prosecutor advise us by what chemical and/or controlled substance was allegedly impairing the defendant. Under Florida law, to convict one of DUI drugs, the State must specify by which "specific" chemical and/or controlled substance the defendant is impaired by. Here, they could not and the State Dropped the DUI and the defendant recieved no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 21, 2019 | Case: 19-0020060MMM10A | Judge Levy |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant refused to perform roadsides and was arrested for DUI. She later refused the breath test. She also cursed and used derogatory slurs to the officers throughout the investigation. | |
| Defense: | Parks and Braxton filed a pretrial motion to suppress the refusal to provide a breath sample. Under Florida law, a breath sample cannot be requested by the police until after a person has been arrested for DUI. Here, the officer requested a breath test and read implied consent prior to arresting her. The State conceded the motion and Dropped the DUI. She received no conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Jun 20, 2019 | Case: 2019-CT-019301 | Judge Atkin |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and difficulty finding her items. They also noticed droopy eyelids, a flushed face, and low speech. The defendant stated she had drank two shots of tequila and two beers. She only performed the HGN (eye test) and then refused further testing. She was arrested for DUI and later refused the breath test. | |
| Defense: | On video, the defense pointed out that the officer had not properly placed his camera to capture the full DUI investigation. Thus, it was not only hard to see the defendant’s actions, but also hard to hear her speech. | |
| Result: | The State dropped the DUI. | |
| Jun 20, 2019 | Case: 2019-CT-002170 | Judge Bigney |
| Facts: | The defendant was involved in a sideswipe crash. When officers arrived, he was observed to have an odor of alcohol, red eyes, and slurred speech. He then performed very poorly on the roadside tests. For example, on the walk and turn, he stepped of the line numerous times, used his arms for balance, and swayed the entire time. On the one leg stand, he put his foot down numerous times and stumbled. He was then arrested for DUI and later blew a .187 and a .181 in the breath machine. This was the defendant's Third DUI. | |
| Defense: | Prior to trial, the firm pointed out to the State that the defendant was not the at fault driver. Also, the video contradicted the reports. For example, his speech was not slurred on tape. Thus, there was doubt as to whether the officer had enough reasonable suspicion of crime to even conduct a DUI investigation. The State Dropped the DUI and he received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2019 | Case: 2019-CT-000871 | Judge Hitzemann |
| Facts: | The defendant was stopped for weaving all over the road. This driving pattern was captured on video tape. Upon being stopped, the officer observed the defendant to be lethargic, he had trouble focusing, fumbled with his documents and appeared to be falling asleep. He had bloodshot eyes, slurred speech, and trouble sitting upright. The officer did not smell any alcohol, but believing he was impaired by drugs, asked him to perform roadsides. The defendant performed poorly and was arrested for DUI. He later refused both a breath and urine test. | |
| Defense: | Under Florida law, to convict one of DUI involving drugs, the State must prove under 316.193 (Fla. Statutes) that a defendant was impaired by a "specific" chemical and/or controlled substance. Here, the firm pointed out to the State that they could not. The Sate Dropped the DUI and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2019 | Case: 2019-CT-002522 | Judge Booras |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and his movements were slow and lethargic. He admitted to having consumed 4 Grey Goose vodkas. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .202, a .188, and a .199 in the breath machine. | |
| Defense: | Parks & Braxton was able to show that the machine was having issues as there were three results, and not the required two samples. | |
| Result: | The State dropped the DUI. | |
| Jun 12, 2019 | Case: 2019-CT-001496 | Judge Mcginnis |
| Facts: | The defendant was accused of being the at fault driver in a side swipe crash. When officers arrived, they smelled an odor of alcohol, noticed bloodshot eyes, and and his lips were dry. He staggered as he walked and appeared slow and unsteady. He performed very poorly on the the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .134 and a .132 in the breath machine. | |
| Defense: | The firm announced ready for trial. Although there was a witness who stated that the defendant was the driver, the firm provided physical proof to the State that the female in the defendant's car was actually the driver. On video, the defendant adamantly denied being the driver and the female stated she was the driver. We provided pictures to the State that showed the injuries to the defendant's neck and body were consistent with seat belt marks proving he was in the passenger seat as the marks on his body were from right to left. A week prior the trial date, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Jun 12, 2019 | Case: 18-024685MU10A | Judge M. Brown |
| Facts: | The defendant was stopped for failure to maintain a single lane. Specifically, he would drift out of his lane and into the bicycle lane. He was also slow to go through a green light. The officer observed the defendant to have an odor of alcohol, slow/slurred speech, and he admitted to having consumed three drinks. He also stated he had taken Xanax. The defendant performed poorly on the roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Parks & Braxton filed a motion to suppress the lawfulness of the traffic stop. While cross examining the officer who conducted the stop, his credibility was called into question. He was impeached numerous times with his reports and body worn camera. The Judge granted the motion and threw out all of the evidence. The State dismissed the DUI. It should be noted that the firm also beat the defendant's first DUI. | |
| Result: | The DUI was dismissed. | |
| Jun 10, 2019 | Case: 2019-CT-017422 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot/glassy eyes. She also had difficulty finding her documents. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She later blew a .185 and a .178 in the breath machine. | |
| Defense: | The defense pointed out issues surrounding whether or not the defendant had been improperly coerced into taking a breath test. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2019 | Case: 2019-MM-01266AP | Judge Hamilton |
| Facts: | The defendant was stopped for driving with no taillights activated. The officer observed an odor of alcohol, bloodshot eyes, a flushed face, and he admitted to having two beers. According to the officer, he failed the roadside tests and was arrested for DUI. He subsequently refused the breath test. | |
| Defense: | The video tape contradicted the officers reports as to the level to the defendant's alleged impairment. The firm was ready for trial. The State then Dropped DUI and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Jun 6, 2019 | Case: 18-CT-021492 | Judge Senior for Lefler |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and fumbling fingers. He had watery eyes and was unsteady. According to the officer, he failed the field sobriety tests and was arrested for DUI. | |
| Defense: | Due to a language barrier, it was unclear if the defendant understood all the instructions on the roadside tests. Thus, there was doubt if the alleged impairment was due to alcohol or simply not understanding the instructions due to language difficulties. | |
| Result: | The State dropped the DUI. | |
| Jun 5, 2019 | Case: 2018-CT-001197 | Judge Jeske |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having two drinks. After performing the HGN (eye test), he refused to perform all further roadsides. He was then arrested for DUI and later refused the breath test. | |
| Defense: | The firm discovered through discovery that the HGN (eye test) had been done by another cop, not on video, and not documented. As the results could have been exculpatory (i.e. favorable to the defendant), the two police officer's credibility were called into question. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2019 | Case: 2019-CT-002622 | Judge Palomino for Lefler |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He then agreed to perform field sobriety tests. He was subsequently arrested for DUI. After his arrest, he blew a .090 and a .090 in the breath machine. | |
| Defense: | There is a .02 margin of error in breath testing. Thus, the firm was able to show the state that the defendant's breath results could have been under the legal limit. The State then Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2019 | Case: 2019-CT-001531 | Judge Conrad |
| Facts: | The defendant was stopped after a call went out about a reckless driver. When officers made contact, they observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed poorly on the field sobriety tests. She was then arrested for DUI. After her arrest, she blew a .157 and a .150 in the breath machine. | |
| Defense: | There was no corroboration of the the alleged "reckless driving" pattern. Without any corroboration, the lawfulness of the traffic stop was called into question. | |
| Result: | The State dropped the DUI. | |
| May 21, 2019 | Case: 2019-CT-015964 | Judge T. Brown |
| Facts: | The defendant was stopped for weaving and almost causing a crash. The defendant had an odor of alcohol, slurred speech, and bloodshot/watery eyes. She exited the vehicle slow, staggered as she walked, and also swayed. After performing field sobriety tests, she was arrested for DUI. After her arrest, she blew a .134 and a .130 in the breath machine. | |
| Defense: | The legality of the traffic stop was called into question as the alleged driving pattern was only vaguely described. | |
| Result: | The State dropped the DUI. | |
| May 20, 2019 | Case: 2018-CT-007009-O | Judge Caraballo |
| Facts: | The defendant was stopped for driving at a high rate of speed, stopping abruptly, and nearly causing a crash. The officer noticed an odor of alcohol, glassy eyes, and poor dexterity. She admitted to having consumed vodka/cranberry cocktails. She performed poorly on the field sobriety tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the defendant had two herniated discs and a shoulder injury from a prior traffic crash whereby she had been hit by a Ram 2500 pickup truck. Yet, the officer still had her do the walk and turn and one leg stand exercises. He didn't conduct any non-physical exercises such as the finger to nose or alphabet. Thus, any impairment could have equally been attributable to the injuries versus alcohol. The State Dropped the DUI and the defendant received no conviction. | |
| Result: | The State dropped the DUI. | |
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