| Dec 4, 2014 | Case: 2014-CT-022175AXXX | Judge Shepherd |
| Facts: | The defendant was stopped based on an anonymous tip that he was driving all over the road and almost striking other cars. The officers spotted the defendant's car which matched the description and conducted a traffic stop. The officers on scene noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. The defendant seemed confused, was swaying, and admitted to drinking. According to the officers, he failed the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the traffic stop may have been unlawful as there appeared to be no "corroboration" of the alleged driving pattern as required by law when a driver is stopped based on an anonymous tip. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Dec 1, 2014 | Case: 14-CT-080009 | Judge Lefler |
| Facts: | The defendant was stopped for making an illegal left turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He admitting to drinking Heineken beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .127 and .133 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State. We pointed out to the State that the defendant's roadside task performance on the video tape contradicted the breath test results. | |
| Result: | The State dropped the DUI. | |
| Nov 26, 2014 | Case: 2014-CT-022565 | Judge Overton |
| Facts: | The defendant was stopped by the police and given a citation for careless driving. According to the officer's report, he allegedly almost struck another car while negotiating an improper turn. This alleged driving pattern was captured on video tape. Once stopped, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had consumed two vodka drinks. The defendant was ask to perform the roadside tests and he complied. On video tape, the defendant exhibited several clues of intoxication. He was then arrested for DUI. After his arrest, he blew a .136 and .138 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-pretrial motion to suppress all of the evidence based on unlawful traffic stop by the officer. In our motion, we alleged, that on video tape, one could clearly see that the defendant never cut anyone off. In fact, the defendant was stuck in a no left turn lane and had no choice but to actually let traffic pass in order to move over into the appropriate right lane of travel. The Judge watched the video and listened to the arguments of the attorneys. He then Granted the motion and threw out all of the evidence in the case. | |
| Result: | The DUI was dismissed. | |
| Nov 21, 2014 | Case: 13-000709MM10A | Judge Brown |
| Facts: | The defendant's vehicle was originally seen by an officer sitting in the middle of the roadway at a flashing yellow light. The officer drove by the intersection and saw the same car parked in the middle of the roadway. The officer approached the car and noticed an individual sleeping inside. After banging on the window for approximately a minute the defendant woke up. The officer asked several questions and stated that the defendant was lethargic and slow to respond. Additionally, he stated that he observed bloodshot eyes. He subsequently called for a DUI officer to conduct an investigation. The DUI officer arrived minutes later and observed slurred speech, an odor of alcohol, bloodshot eyes and extreme unsteadiness as he stood up. After performing the HGN (eye test), the defendant refused to perform any additional tests. The defendant was subsequently arrested for DUI. This was the defendant's second DUI arrest within a few months. | |
| Defense: | Parks & Braxton filed a motion based on a lack of reasonable suspicion to detain the defendant for the purpose of conducting a DUI investigation. During the motion, the defense impeached the credibility of the officer. Before the Judge issued her ruling, the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2014 | Case: 12-019040MM10A | Judge Gottleib |
| Facts: | The defendant was stopped for excessive speed. As the officer approached the vehicle he smelled a strong odor of alcohol. Upon reaching for his license and registration, the defendant appeared dazed and had slow reactions. The officer next observed bloodshot eyes. The defendant admitted to consuming alcohol at the American Legion. The defendant performed the HGN (eye test), rhomberg balance test as well as the finger to nose. He was asked to perform the walk and turn as well as one leg stand but the defendant stated he was overweight and could not perform them. Upon arrest the officers discovered marijuana as well as a pipe in the vehicle. | |
| Defense: | First, Parks & Braxton filed a motion to dismiss the charging document because it alleged that the defendant was under the influence of both marijuana and alcohol. The marijuana was fresh and as a result, there was no evidence that he was under the influence of it. Next, the defense presented a video that contradicted many of the officer's observations. | |
| Result: | The State dropped the DUI. | |
| Nov 19, 2014 | Case: 2014-CT-019263AXXX | Judge Johnson |
| Facts: | The defendant was stopped for speeding and weaving. Once stopped by the police, the officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. Once out of the car, the defendant was off balance. On the video tape, the defendant showed several clues of impairment on the field sobriety tests. For example, on the walk and turn test, the defendant stepped off the line several times and raised his arms for balance. On the one leg stand, he put his foot down numerous times and counted improperly. He was then arrested for DUI. After his arrest, he blew a .134 and .129 in the breath machine. | |
| Defense: | Parks & Braxton spoke to the State on several occasions to try to get the DUI dropped prior to a trial. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2014 | Case: 12-010483MM10A (JURY TRIAL) | Judge Brown |
| Facts: | The defendant was involved in a collision on the highway. Upon arrival, the trooper observed that the defendant was unsteady while exiting the vehicle as well as while standing. Upon face to face contact, he observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was cooperative and agreed to perform field sobriety tests. In his report, the Trooper indicated that the defendant failed all three roadside sobriety exercises. The defendant was arrested and subsequently provided a breath sample of .094. | |
| Defense: | After taking the arresting officer's deposition, Parks & Braxton announced ready for trial. During trial the State presented expert testimony to support their position that the defendant was above the legal limit while driving. The expert witness attempted to use a formula called retrograde extrapolation. On cross examination, Parks & Braxton presented the expert with a transcript from 2011 whereby she disagreed with the formula and the concept of retrograde extrapolation. Specifically, Parks & Braxton presented in front of the jury, prior testimony where the State's expert referred to the formula as "bad science". In addition, a Trooper took the stand. He attempted to talk about a bottle of alcohol that was supposedly found in the car but never written down in any report. The Trooper admitted in front of the jury that he changed his story several times. After two days of trial the State dropped the DUI. | |
| Result: | The State dropped the DUI | |
| Nov 18, 2014 | Case: A0Z0NP6 | Judge Altfield |
| Facts: | The defendant was found passed out in his car in a turning lane by police. Officers observed the defendant to have an odor of alcohol, watery eyes, and the defendant appeared very sleepy. According to the arresting officer, he failed the roadside tasks and was arrested for DUI. After his arrest, he blew a .133 and .129 in the breath machine. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State. | |
| Result: | The State dropped the DUI. | |
| Nov 12, 2014 | Case: 2014-CT-021603-AXXX-XX | Judge Baker |
| Facts: | The defendant drove up along the side the officer's patrol car in his truck as that officer was conducting a traffic stop on his friend. The defendant was inquiring as to what was happening. When the officer went up to the defendant's truck, he noticed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had 2 beers, then 4 beers, then 5 beers. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State, that on video, none of the defendant's "normal faculties" were impaired as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| Nov 12, 2014 | Case: 14-CT-098783 | Judge Conrad |
| Facts: | The defendant was found passed out in his car underneath an overpass. When the officers awoke the defendant, they smelled an odor of alcohol, observed watery eyes, his fingers were fumbling around, and was sweating. According to the officer, he failed the roadside tests. For example, on the one leg stand, he put his foot down several times and swayed. The defendant was arrested for DUI and then blew a.109 and .109 in the breath machine. This was the defendant's Second DUI arrest. | |
| Defense: | Parks & Braxton had pre-trial talks with the State. We pointed out that the defendant defendant had no "capability" of operating the car while he was sleeping. Therefore, he was not in "actual physical" control. | |
| Result: | The State dropped the DUI. | |
| Nov 10, 2014 | Case: 2014-CT-020192AXXX | Judge Weiss |
| Facts: | The defendant was stopped after he was seen by police driving on the rims of his tires with four flat tires. Officers noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. The defendant stated he drank two beers. According to the officer, the defendant showed several signs of intoxication on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State prior to trial. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2014 | Case: 14-CT-113454 | Judge Conrad |
| Facts: | The defendant was stopped for making an unlawful turn. The officer noticed the defendant to have an odor of alcohol, slurred speech, and the defendant seemed confused. The defendant appeared to be lethargic and sleepy. The officer asked the defendant to perform roadside tests and he refused. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton had pre-trial discussions with the State prior to trial. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2014 | Case: 13-022525MM10A | Judge Pole |
| Facts: | The defendant was initially seen driving in a heavily populated pedestrian neighborhood. An off duty police officer observed the defendant run a red light and almost make contact with several individuals crossing the street. Upon stopping the defendant, the officer made observations consistent with intoxication and called for a DUI task force officer. The DUI officer smelled an odor of an alcoholic beverage and noticed a flushed face with watery eyes. The officer asked the defendant if she takes any medication or drugs and the defendant explained that she takes anti-anxiety medication. The defendant refused to perform any field sobriety tests after being explained the adverse consequences of refusing. She was then arrested for DUI. | |
| Defense: | Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial, the State Dropped the DUI. | |
| Result: | Parks & Braxton reviewed the video tape and discussed the inconsistencies of the case with the defendant. The firm announced ready for jury trial. On the morning of trial , the State Dropped the DUI. | |
| Oct 30, 2014 | Case: 2014-CT-017324AMB | Judge Shepherd |
| Facts: | The defendant crashed her car into a ditch after crossing lanes of traffic and hitting a chain link fence. The car ended up upside down. A civilian witness saw the accident and identified the defendant as the driver. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. She was then taken to the hospital because of her injuries. At the hospital, she consented to a blood draw to test her for alcohol. The results of the her blood test were a .178, over two times the legal limit. She was subsequently charged with DUI. | |
| Defense: | Parks & Braxton had several discussions with the prosecutor to get the DUI dropped. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2014 | Case: 2014-MM-004062-A | Judge Woodard |
| Facts: | The defendant was found by the police after he crashed into a control box at the gate of a subdivision. A few people had called 911 to alert the police to the crash. When officers arrived, they observed the defendant to have an odor of alcohol, red eyes, and balance issues. The defendant was immediately read his Miranda rights and he stated he did not want to make any statements without an attorney. He then refused to perform any field sobriety tests. The defendant was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State a couple of weeks before the trial date. We pointed out that on video tape, after his arrest and at the station, the defendant's speech was normal, he was responsive and coherent, and was not swaying. This was contradicted by the written observations by the police at the scene. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2014 | Case: CTC14-8147XBCANC | Judge Pierce |
| Facts: | The defendant was rear ended by another car. When officers arrived, they noticed the defendant to have an odor of alcohol on his breath, bloodshot eyes, and fair balance. The defendant admitted to drinking a few beers and a shot of whiskey. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the prosecutor pointing out that the defendant's "normal faculties" were not impaired on the video tape. | |
| Result: | The State dropped the DUI. | |
| Oct 22, 2014 | Case: 14-CT-066145 | Judge Greco |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed the defendant to have an odor of alcohol and bloodshot/watery eyes. After the officer conducted the HGN (eye test) on the defendant, she refused to perform any further roadside tasks. She was then arrested for DUI. After her arrest, she refused the breath test. This was the defendant's second DUI arrest. | |
| Defense: | Parks & Braxton pointed out to the State, that on video tape, the defendant's "normal faculties" were not impaired as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| Oct 20, 2014 | Case: 13-010986MM10A | Judge Solomon |
| Facts: | An officer observed the defendant to be passed out in his car in the middle of an intersection. Upon awakening the defendant, the officer observed the defendant to have an odor of alcohol, glassy eyes, and he admitted to drinking three beers. When the defendant was asked for his drivers license, he passed over it three times. A DUI unit was then called to the scene. That officer made similar observations. He was then placed on video tape to perform the field sobriety tasks. For example, on the walk and turn test, he lost his balance during the instructions, stepped off the line, and missed heel to toe. On the finger to nose test, he did not keep his eyes closed, did not use the tip of his finger, and failed to remove his hand from his nose. The defendant was then arrested for DUI. After his arrest, he blew a .161 and .152 in the breath machine | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the field sobriety tests. In our motion, we alleged that on video tape, the defendant was "coerced" into performing the tests by the officer. The Judge agreed, granted the motion, and excluded the roadside tests from evidence. The State then Dropped the DUI as they were now missing a crucial piece of evidence. | |
| Result: | The State dropped the DUI. | |
| Oct 17, 2014 | Case: 2014-CT-006105AXXX | Judge Hanser |
| Facts: | Police dispatch received a call about a truck that had hit a barrier wall on the highway and lost a tire. The officer spotted the truck and saw the defendant driving on a blown out tire. The officer conducted a traffic stop and noticed the defendant to have an odor of alcohol, mumbled speech, and a flushed face. The defendant admitted to drinking some wine. According to the officer, she failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton had several discussions with the State prior to setting a trial date. | |
| Result: | The State dropped the DUI. | |
| Oct 17, 2014 | Case: 2014-CT-013054AXXX | Judge Damico |
| Facts: | The defendant was involved in a one car crash in which he hit a utility pole. When the officer arrived, he noticed the defendant to have an odor of alcohol, slurred speech, and glossy eyes. The defendant appeared unstable and off balance. The defendant refused to perform the roadside tests and was arrested for DUI. After his arrest, the officer found a little bottle of rum in the defendant's pant's pocket. Later at the station, he refused the breath test. | |
| Defense: | Parks & Braxton had pre-trial negotiations with the State prior to trial. | |
| Result: | The State dropped the DUI. | |
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