| May 6, 2013 | Case: 2012-CT-013107-AXXX | Judge Cofer |
| Facts: | The defendant's friend was stopped by police for speeding and running a stop sign while driving the defendant's van. The defendant's friend stopped the van, and the officer observed her jump into the back seat. As the officer approached, our client then moved over to the driver's seat in order to provide the officer with the vehicle documentation since it was her van. The officer was aware that the original driver who was now in the back of the van was the original driver and our client was the original passenger. Upon making contact with our client, the officer noticed the keys were in the ignition and engine was running. He observed our client to have an odor of alcohol, slurred speech, blood-shot eyes, and trouble maintaining her balance. The defendant admitted to drinking and feeling buzzed. She performed very poorly on the field sobriety tests and was arrested for DUI, as was her friend who was highly intoxicated (the original driver) who jumped into the back seat. After our client's arrest for DUI, she blew a .163 and .159 in the breath machine. | |
| Defense: | Parks & Braxton announced ready for trial. On the morning of trial, as well as before hand, the firm pointed out to the state that our client could not be in actual physical control of a motor vehicle while she was being detained by law enforcement. Also, the in dash police car video tape had been destroyed which would have captured the entire traffic stop. | |
| 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
| May 2, 2013 | Case: 4880-XEM | Judge Newman |
| Facts: | The defendant was stopped for obstructing traffic. The officer observed an odor of alcohol, bloodshot-eyes, and slurred speech. According to the officer, she failed the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that the roadside report describing the defendant's alleged performance was very vague with hardly any details. The firm was ready for trial. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2013 | Case: 2013-CT-002166--A-O-X | Judge Barlow |
| Facts: | The defendant was stopped for speeding and weaving. Officers observed an odor of alcohol, red eyes, and the defendant admitted drinking two beers. According to the officers, he failed the roadside tests and was arrested for DUI. Although he tested positive for alcohol on the breath machine, the officers concluded he was impaired by a chemical and/or controlled substance versus alcohol after completing their entire investigation. | |
| Defense: | Parks & Braxton pointed out to the State that they could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida law. | |
| Result: | The State dropped the DUI. | |
| Apr 30, 2013 | Case: 2012-CT-011431AXXX | Judge Bryson |
| Facts: | The defendant was seen by an officer pulling into a parking space in a shopping center. The officer observed him pulling in very crooked into the parking space. He watched the defendant stumble out of the car and then saw him lose his balance and sway while walking towards the store. When the defendant came out, the officer went up to him and asked "if he was ok" and noticed the defendant to have an odor of alcohol on his breath, slurred speech, a flushed face, and glassy eyes. He then called for a DUI unit. The DUI officer arrived with an in car camera and asked the defendant to perform field sobriety tests to which the defendant refused. The defendant also admitted to having five drinks. He was then arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | Parks & Braxton took pre-trial sworn depositions of the two officers involved in the case. At the depositions, the two officers contradicted each other on what they observed. For example, one stated the defendant was totally off balance versus the other who said he never observed anything like that. All there depositions, reports, along with the video tape were conflicting. | |
| Result: | The State dropped the DUI. | |
| Apr 29, 2013 | Case: 4967-XEM | Judge Seraphin |
| Facts: | The defendant was found passed out behind the wheel of his car by police in the middle of the roadway. The defendant's car engine was running. Officers observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He was unsteady once outside the car and he seemed confused. The defendant refused to perform the roadside tasks and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Apr 26, 2013 | Case: 11-015665MM10A | Judge Gottlieb |
| Facts: | The defendant was stopped for driving 93MPH in a 40MPH zone while almost colliding into other vehicles. The initial officer observed a strong odor of alcohol, flushed face as well as slurred speech. He then requested another officer to conduct the DUI investigation. Upon arrival, the DUI officer made the same observations as the initial officer. The officer asked the defendant to perform field sobriety exercises. The defendant replied "I'm not giving you the rope to hang me". During the conversation, the defendant was swaying and extremely unsteady on his feet. The report indicated that the defendant was placed in handcuffs and arrested for DUI refusal. This was the defendant's 3rd DUI. | |
| Defense: | Despite the fact that this was the defendant's 3rd DUI, he had never refused a breath test in the past. As a result, the DUI refusal statute did not apply to the defendant. In deposition, the officer admitted to requesting a breath test prior to the arrest. As a result, Parks & Braxton filed a motion to suppress based on an improper request for a breath test. The State stipulated to the motion. | |
| Result: | The State dropped the DUI. | |
| Apr 26, 2013 | Case: 9237-FXC | Judge Wolfson |
| Facts: | The defendant was stopped for speeding in a school zone. The officer observed the defendant's car to have an odor of marijuana coming from the interior and the defendant's eyes were red and droopy. According to the officer, she failed the roadside tests and was arrested for DUI (impairment by a controlled substance). A urine test was requested and the defendant tested positive for marijuana at the toxicology lab. | |
| Defense: | Parks & Braxton pointed out to the State that there was no odor of marijuana coming from the defendant's breath and they could not prove how long the marijuana had been in her body based on just the lab report. | |
| Result: | The State dropped the DUI. | |
| Apr 24, 2013 | Case: 12-259MM10A | Judge Solomon |
| Facts: | The defendant was stopped for weaving over the lane markers, driving past the stop bar, almost striking the median and careless driving. The Sgt. smelled a strong odor of alcohol, and admitted coming from a bar. The officer then observed a flushed face and bloodshot eyes. The defendant ultimately stated that he had 5-6 Heinekens. The defendant was asked to perform several field sobriety exercises. He replied "C'mon man, we all make mistakes". Can't you cut me a break"? He then stated "If I do these tests, you're gonna see that I'm over the limit". The defendant was arrested for DUI and refused a breath test. Because the defendant had a prior refusal to submit to a breath test, he was also charged with refusal to submit. This was the defendant's 3rd DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress based on the officer's failure to properly advise our client during the DUI investigation. The motion was granted and the evidence was excluded. | |
| Result: | The State dropped the DUI. | |
| Apr 24, 2013 | Case: CT-001950-XES | Judge Courtney |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, he appeared sleepy, belching, and a flushed face. His movements were slow and clumsy at the car in addition to not making eye contact with the officer. Upon exiting the car, the defendant staggered and was unsteady. He also swayed while standing outside the car. 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 arrest. | |
| Defense: | Parks & Braxton pointed out to the State that even though the arresting officer had a working video camera in his car at the scene the entire time, the officer never placed the defendant in front of the camera until the defendant was placed under arrest. Thus, none of the DUI observations he allegedly observed off camera could be seen by anyone and were only written in the reports. | |
| Result: | The State dropped the DUI. | |
| Apr 22, 2013 | Case: 2012-CT-005443-A-O | Judge Barlow |
| Facts: | The defendant was stopped for driving on the rim of his tires and weaving. The officer noticed the defendant to have an odor of alcohol, red eyes, slurred speech, and he stated he had consumed 2-3 drinks. He also used the sidewalk rail for balance when outside his car. On video tape, the defendant performed very poorly on the roadside tests where he displayed numerous signs of impairment. He was then arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the field sobriety tests. In our motion, we alleged the defendant was "coerced" into performing the tests based on statements made by the officer to the defendant on video tape. The Judge Granted the motion and threw out all of the roadside tests. | |
| Result: | The State dropped the DUI. | |
| Apr 19, 2013 | Case: 2012-CT-031364AXXX | Judge Hanser |
| Facts: | The defendant was stopped by the police at a roadblock checkpoint. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer. According to the officers, 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 the mandatory written set of roadblock guidelines created by the police in this case violated the Florida Supreme Court requirements. Also, the firm pointed out to the State that none of the defendant's normal faculties were impaired on video tape as originally written by the officer. | |
| Result: | The DUI was dismissed. | |
| Apr 17, 2013 | Case: CT-008098-XCM | Judge Myers |
| Facts: | The defendant was found by the police passed out at a green light with his foot on the break, snoring, and his car in the drive position. Upon waking the defendant, the officer noticed an odor of alcohol, thick tongued speech, and glassy eyes. The defendant was very unsteady once outside the car. According to the officer, he performed poorly on the 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 almost the entire police car video tape of the defendant at the scene had been destroyed, corrupted, and/or deleted. | |
| Result: | The State dropped the DUI. | |
| Apr 17, 2013 | Case: CT-005720-XGA | Judge McNeil |
| Facts: | The defendant was the at-fault driver in a rear-end crash. The officer who arrived on the scene noticed the defendant to have an odor of alcohol, slurred speech, watery eyes, and appeared to be unsteady. The defendant also admitted to drinking beer. The defendant refused to perform 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 even though the police had a video camera at the scene, they never video taped the defendant. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2013 | Case: 9377-XEQ | Judge Newman |
| Facts: | The defendant was found by police when his car was stuck in the gravel surrounding the railroad tracks. The officer observed the defendant to have an odor of alcohol, mumbled speech, a flushed face, and blood-shot eyes. He admitted to drinking 3-4 16 ounce beers and also admitted to being buzzed. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest for DUI, he refused the breath test. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2013 | Case: CT-004792-XGA | Judge McNeil |
| Facts: | The defendant was stopped by the police after almost crashing into the back of police car which was on another traffic stop. Officers noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The defendant admitted to drinking beer that night. According to the officer, he failed the video taped 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 defendant had a prosthesis on his left arm, which was noted in the reports, and that his balance was affected because of the weight difference on each side of his body due to the prosthesis. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2013 | Case: CT-006333-XEP | Judge Jeske |
| Facts: | The defendant was involved in a side-swipe traffic crash. The officer who came on scene noticed the defendant to have an odor of alcohol, glassy eyes, and unsteadiness. According to the officer, she failed the video taped roadside tests. She was then arrested for DUI and after her arrest she refused the breath test. | |
| Defense: | Parks & Braxton pointed out to the State that none of the defendant's normal faculties were impaired on video versus the written police reports. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2013 | Case: 11-027515MM10A | Judge Gottlieb |
| Facts: | The defendant was stopped for driving without her headlights. In the Trooper's report, he indicates that she had an odor of alcohol, bloodshot eyes as well as slurred speech. It was clear from the video, the defendant did not have slurred speech. The Trooper's report indicates that the defendant was slow in providing her documents. Again, the video contradicts the Trooper's report. The video did indicate problems with regards to the walk and turn test as well as the one leg stand. However, in a previous case, Parks & Braxton got the Trooper to admit that he fabricated a police report. | |
| Defense: | As a result of the above information, Parks & Braxton announced ready for trial. | |
| Result: | The State dropped the DUI. | |
| Apr 1, 2013 | Case: 2012-CT-009930000AOX | Judge Miller |
| Facts: | The defendant was found passed out behind the wheel of his vehicle on an entry ramp to a highway. Paramedics arrived at the scene first and found the defendant asleep at the wheel, foot on the break, and the car in drive. He was unconscious and unresponsive to painful attempts to awaken him. He was removed from the vehicle by the paramedics and detained at the scene prior to the arrival of law enforcement. When the officer arrived, he observed the defendant to have an odor of alcohol, bloodshot eyes, swaying, and wearing wrist bands from bars. He was then asked to perform roadside tasks and he performed very poorly which resulted in him being arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The State Dropped the DUI on the day of the motion hearing. | |
| Apr 1, 2013 | Case: 12-000059MM10A | Judge Solomon |
| Facts: | The defendant was initially seen making a left turn from the far right lane. Shortly after, the defendant was driving down the center of both southbound lanes. The officer stopped the defendant and observed a very strong odor of alcohol, bloodshot watery eyes, and very slurred speech. The officer then called for a DUI investigator. The DUI officer made the same observations as well as a flushed face. Upon exiting the car the officer observed the defendant to be unsteady on his feet and that he fell backwards while standing. The officer also observed a cup with liquid in the passenger seat. The defendant refused all testing and was arrested for DUI. | |
| Result: | Upon being made aware of the officer's testimony, the State dropped the DUI. | |
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