| Jan 25, 2019 | Case: 2018-CT-017337 | Judge Harper |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and glassy eyes. The defendant admitted to having consumed 2 vodkas. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she blew a .143 and a .139 in the breath machine. | |
| Defense: | It was apparent on video that the defendant was lower than .08 at the time of driving as her video contradicted her breath test results. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Jan 18, 2019 | Case: CT-18000370 | Judge Tinlin |
| Facts: | The defendant was stopped for weaving within her lane. The officer observed her to have an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant admitted to having drank one 16 ounce beer and she was also unsteady on her feet. She performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | On video tape, the driving pattern was not as egregious as described the reports. Thus, the lawfulness of the traffic stop was called in question. The State Dropped the DUI and the defendant received No conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Jan 15, 2019 | Case: 17-028484MU10A | Judge Brown |
| Facts: | The defendant was found by the police, while he was passed out in his car, in a right turn lane. Upon awakening the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 3 or 4 drinks and appeared confused. He refused roadside tests and was arrested for DUI. This was the defendant's Third DUI. | |
| Defense: | Prior to trial, the firm filed a pretrial motion to exclude the defendant's refusal to perform roadside tests. In our motion, we alleged that the defendant was never advised of any adverse consequences of his refusal. The Judge granted the motion and the State appealed. The firm defended the Judge’s ruling and appellate court ruled in the defense's favor. The State then Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 11, 2019 | Case: 2018-CT-014927 | Judge Harper |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and she was crying and aggressive. The defendant initially refused roadside tests and then after further conversation with the officer she agreed. She performed very poorly on video and was arrested for DUI. She later refused the breath test. | |
| Defense: | There were misstatements made by officer to coerce the the defendant to perform the otherwise voluntary roadside tests. Thus, at the risk of the field sobriety tests being excluded, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 9, 2019 | Case: 2017-MM-001480 | Judge Hamilton |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, watery eyes, and he was unsteady on his feet. He then performed poorly on the roadside tests. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | The dash cam video contradicted the officer's reports as to his performance on the roadside tests and alleged level of impairment. | |
| Result: | The State dropped the DUI. | |
| Jan 8, 2019 | Case: 18-CT-503449 | Judge Gagliardi |
| Facts: | The defendant was stopped for having a broken taillight, speeding, and driving on the wrong side of the road. The officer observed the defendant to have an odor of alcohol, bloodshot/watery eyes, and he admitted to having drank 6 beers. After performing the field sobriety tests, he was arrested for DUI. After his arrest, he blew a .11 and a .10 in the breath machine. | |
| Defense: | After reviewing the officer's body camera, the defense observed that the officer misstated the law and coerced the defendant into performing the breath test. He advised him that he would be un-arrested and released if he blew under the legal limit. None of that had been written in his police report. This was brought to the attention of the prosecutor who agreed. Thus, with the possibility of the breath test being excluded by a defense pretrial motion, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 8, 2019 | Case: 2018-CT-013429 | Judge Conrad |
| Facts: | The defendant was stopped for swerving. The officer observed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant had a hard time finding his registration and he admitted to having to drank beers. He performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .155 and a .151 in the breath machine. | |
| Defense: | The firm pointed out to the State that the stop may be unlawful. There was no traffic that was affected by his driving and the officer did not write any specifics. | |
| Result: | The State dropped the DUI. | |
| Dec 18, 2018 | Case: 2018-CT-010701 | Judge Farr |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, glazed eyes, and lethargic movements. He also swayed while he stood. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .174 and a .172 in the breath machine. | |
| Defense: | The specifics of the weaving were not detailed. Since no one knew the distance traveled, how many times he weaved, or the time frame, the lawfulness of the stop was called into question. | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2018 | Case: 2018-CT-001775 | Judge Mcgarity |
| Facts: | The police were called after a homeowner heard noises coming from her bushes. Police responded and noticed the defendant driving a golf cart in the immediate vicinity. Upon contact, the officer noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. He then performed the roadside tasks. He performed very poorly according to the officer's reports and he was arrested for DUI. This was the defendant's Third DUI arrest. | |
| Defense: | Roadside tests are supposed to be conducted in a well lit area per the NHTSA regulations. Here, on video, they were conducted in a pitch black area. No one could even see how the defendant actually performed. The DUI was dismissed. | |
| Result: | The DUI was dismissed. | |
| Dec 12, 2018 | Case: A96L8TE | Judge Riba |
| Facts: | An anonymous caller dialed 911 stating that he heard a female yelling at her male passenger to get out of her car. Police responded and made contact with the defendant who was in the driver's seat. They observed her to have an odor of alcohol, slurred speech, and she had a blank/dazed stare. She also had bloodshot eyes and swayed while she stood. She failed all the field sobriety tests and was arrested for DUI. After her arrest, she blew a .143 and a .144 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress. In our motion, we alleged that there was no lawful basis to initially seize and stop the defendant. Here the officer ordered the defendant to unlawfully roll down her windows and then turn off the car without any reasonable suspicion of a crime. Prior to the motion hearing, the State agreed with our legal position and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 10, 2018 | Case: AAB71JE | Judge Bedinghaus |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of marijuana coming from the car and his breath, bloodshot eyes, eyelid tremors and dilated pupils. He had slow reactions, laughing at times, and an inability to focus. He then performed field sobriety tests on tape and was arrested for DUI. | |
| Defense: | The defendant's video contradicted all the observations that the officer had written about in regards to his level of impairment. Further, the State could not prove that the defendant had consumed the marijuana the day in question, as it stays in your system for up to thirty days. | |
| Result: | The DUI was dismissed. | |
| Dec 7, 2018 | Case: 2018-CT-010831 | Judge Panse |
| Facts: | The defendant was stopped for weaving. The officer observed the defendant to have an odor of alcohol, slurred/slow speech, and he swayed as he stood. He performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .177 and a .176 in the breath machine. | |
| Defense: | For some unexplained reason, the defendant's roadside tests were not captured on tape even though the driving pattern was recorded. Prior to any motion to dismiss for destruction of evidence being filed by the firm, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2018 | Case: 2018-CT-011734 | Judge Harper |
| Facts: | The defendant was stopped for stopping over the stop bar at a red light. The officer observed an odor of alcohol, slow speech, and he admitted to having drank beers. He stumbled and staggered while outside the vehicle. He did not perform to standards on the roadside tests and was arrested for DUI. He later blew a .194 and a .184 in the breath machine. | |
| Defense: | The firm was able to point out many characteristics that would have caused the defendant to have messed up the field sobriety tests, such as his age and numerous injuries. | |
| Result: | The State dropped the DUI. | |
| Dec 7, 2018 | Case: 2018-CT-012349 | Judge Shepherd |
| Facts: | The defendant was stopped for swerving. The officer noticed the defendant to have an odor of alcohol, red bloodshot eyes, and there were partially consumed beers in the vehicle. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm pointed out to the State that any mishaps on the field sobriety tests were due to a language barrier between the defendant and the officer. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2018 | Case: 18-CT-009730 | Judge Myers |
| Facts: | The defendant was stopped because her passenger was hanging out of the window sitting on the door frame. The defendant was slow to stop her car, had an odor of alcohol, slurred speech, and red eyes. The defendant stated she had drank "a little bit." According to the officer, she failed the field sobriety tests and was arrested for DUI. | |
| Defense: | On video, it was clear that the officer had the defendant doing to roadside tests on a slope. Per NHTSA requirements, the tests are supposed to be conducted on a level area. Here, the officer administered them in violation of the NHTSA requirements. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2018 | Case: 17-CT-017803 | Judge Shepherd |
| Facts: | The defendant was stopped for passing two cars and crossing over the double yellow lane markers into oncoming traffic. The officer observed the defendant to have an odor of alcohol, rapid/stuttered speech, and red/glassy eyes. He admitted to having consumed two beers and had an orbital sway. He then performed the field sobriety tests. For example, he mixed up the letters while stating the alphabet. On the walk and turn, he stepped off the line, took an incorrect number of steps and walked normal instead of heel to toe as instructed. On the one leg stand, he put his foot down and swayed. He was arrested for DUI and later refused the breath test. | |
| Defense: | At trial, during cross examination, the firm was able to get the officer to state that he had no independent recollection of any specific facts without referring to his reports. The firm also got the officer to admit on the stand that he didn't even know the actual DUI law, that one's normal faculties have to be impaired. The officer testified that the law as he understood it was that it is illegal to simply drink and drive. Also, on cross examination, firm got the officer to admit that he incorrectly instructed the defendant on the walk and turn. In the middle of cross examination, as the officer's credibility was being called into question and a recess was taken. The State then Dropped the DUI in the middle of trial and the defendant received no conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Dec 3, 2018 | Case: 18-CT-001418 | Judge Caraballo |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, the defendant had already been transported to the hospital. There, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She also appeared confused and admitted to having drank vodka. The police asked for a blood sample and she refused. She was then charged with DUI. | |
| Defense: | In order to ask for blood, one exception is that the breath test must be impracticable and/or impossible. Here, there was no showing as to any time frame as to how long the defendant was going to be released to get her to the station or jail for a breath test. Thus, the police had no lawful right to request a blood test and the defendant's refusal would have been inadmissible. | |
| Result: | The State dropped the DUI. | |
| Nov 30, 2018 | Case: 2018-CT-009117 | Judge Eissey |
| Facts: | Police were notified after a Duffy's employee notified them that there was an intoxicated male leaving the establishment who had just fallen and hit his head. Police located the defendant who was the person in question and stopped his vehicle. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank wine. He performed very poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | In order to stop a vehicle based on a tip such as the one in question, there must be other specific facts from the caller other than a simple conclusory statement such as an "intoxicated male." Thus, the lawfulness of the stop was called into question. | |
| Result: | The State dropped the DUI. | |
| Nov 29, 2018 | Case: 2018-CT-028475 | Judge Babb |
| Facts: | The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, red eyes, and the defendant admitted to having drank two beers. The defendant then performed the field sobriety tests which were not videotaped. According to the officer, he performed poorly and was arrested for DUI. He later refused the breath test. | |
| Defense: | Just prior to trial, the defense presented evidence to the State about the defendant's prior injuries to his knees. He had surgeries and had titanium in one leg. This evidence showed that any balance issues that the defendant had on the field sobriety tests could have been as easily due to his injuries versus alcohol. | |
| Result: | The State dropped the DUI. | |
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