| Apr 1, 2013 | Case: 10-021727CF10A | Judge McCarthy |
| Facts: | The defendant was stopped for running a red light. The officer noticed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After her arrest, she refused the breath test. This was the defendant's Fourth DUI and it was treated as a Felony DUI punishable by up to five years in State prison and a permanent drivers license suspension. | |
| Defense: | Parks & Braxton presented medical evidence to the State that the defendant's alleged signs of impairment during the roadside exercises were due to prior injuries from being hit while riding a bike and not alcohol. The firm also pointed out to the State numerous conflicts between the two officers that were on scene based on their pre-trial depositions. | |
| 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
| Mar 22, 2013 | Case: 7132-XEX | Judge Ortiz |
| Facts: | The defendant was initially seen by the police as he was illegally parked in a handicapped parking space. He then drove off, ran a stop sign, and almost caused a crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and slurred speech. The defendant admitted to having a shot of tequila and some beers. He refused the roadside tests stating he "would not pass" 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. | |
| Mar 18, 2013 | Case: 2011-MM-004869A | Judge Woodard |
| Facts: | The defendant was stopped for speeding and making unusual u-turns. The officer observed the defendant to have an odor of alcohol, blood-shot eyes, and slurred speech. The officer also observed a wrist band from a bar on the defendant's wrist. The defendant admitted to having three drinks at a bar. According to the officer, the defendant failed the video taped roadside tests and was arrested for DUI. After his arrest, he blew a .166 and a .156 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre-trial motion to exclude the breath test results which the Judge granted and excluded the breath results. In our motion, we alleged that the State failed to disclose certain documentation about the breath machine in question. The firm then announced ready for jury trial. | |
| Result: | On the morning of jury selection, the State Dropped the DUI. | |
| Mar 18, 2013 | Case: 9988-XEQ | Judge Krieger-Martin |
| Facts: | The defendant was the at fault driver in a traffic crash. He backed into another car in a parking garage. Officers noticed the defendant to have an odor of alcohol, slurred speech, and a flushed face. He swayed while standing and fumbled with his items. After officers performed the eyes test (HGN) on him, he started cursing at them and then refused to do the rest of the field sobriety tests. He was arrested for DUI and after his arrest he refused the breath test. | |
| Defense: | On the morning of jury trial, Parks & Braxton announced ready for trial. The State could not place the defendant in actual physical control of the motor vehicle. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2013 | Case: 2012-MM-001882-A | Judge Woodard |
| Facts: | The defendant was found by police illegally parked and passed out. He was slumped over the wheel. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and slow movements. He stumbled getting out of the car and almost fell over. The defendant performed very poorly on the roadside tests which were video taped and he was then arrested for DUI. After his arrest, he tested positive for alcohol on the breath machine. However, officers felt he was actually impaired by controlled substances and requested a urine test. His lab results came back positive for three separate controlled substances from the toxicology lab. | |
| Defense: | Parks & Braxton filed a motion to suppress the urine results. In our motion, we alleged that there was no legal justification under Florida statutes for the police to request a urine test from the defendant. | |
| Result: | The State dropped the DUI. | |
| Mar 14, 2013 | Case: 2012-CT-001618-A-A | Judge Craner |
| Facts: | The defendant was the at fault driver in a traffic crash whereby he failed to yield. He actually hit a retired police officer. Officers on scene observed the defendant to have an odor of alcohol, watery eyes, slurred speech, and he appeared disoriented. The defendant admitted to drinking beer prior to the crash. The defendant was then taken to the hospital for evaluation. Subsequently, he was arrested for DUI and then refused to give a breath test. This was the defendant's Second DUI within a five year period. | |
| Defense: | Parks & Braxton provided evidence to the State that the defendant was not impaired by alcohol but rather suffered major head injuries. The firm provided pictures of the defendant's head injuries. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2013 | Case: 2011-CT-010919-A-O | Judge Bell |
| Facts: | The defendant was stopped for weaving several times. The officer noticed an odor of alcohol, bloodshot-eyes, and mumbled speech. The defendant also admitted to drinking champagne. According to the officer, she failed the roadside tests and was arrested for DUI. After her arrest, she blew a .148 and .140 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that the video tape of the defendant at the station contradicted the officer's observations of her at the scene. The firm also pointed out to the State that there was also radio frequency interference (RFI) detected just prior her blowing into the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 7, 2013 | Case: 9440-XEQ | Judge Newman |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. He used the car for support upon exiting. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .146 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2013 | Case: 9395-XEQ | Judge Altfield |
| Facts: | The defendant was stopped at a roadblock checkpoint. Officers observed an odor of alcohol, a flushed face, mumbled speech, and blood-shot eyes. 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 written roadblock guidelines failed to comply with Florida case law which sets out specific items that must be included in the documents. Parks & Braxton were ready for trial. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2013 | Case: 10-004104MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to drinking whiskey. The defendant also appeared unstable while standing. 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 video tape of the defendant contradicted the officer's reports and we announced ready for jury trial. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2013 | Case: 5807-XEM | Judge Hague |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, watery eyes, and slow movements. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .103 and .102 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Mar 1, 2013 | Case: 8287-XEX | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted to drinking two beers. He failed the field sobriety tests according to the officer 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. | |
| Feb 27, 2013 | Case: 1241-XEU | Judge Wolfson |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, he failed the roadside tests which were not video taped and he was arrested for DUI. After his arrest, he blew a .086 and .080 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial and pointed out to the State the various margins of error in the breath machine which would could have put the defendant under the legal limit. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2013 | Case: 2011-CT-009831-A-O | Judge Adams |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant was unstable and had trouble walking. The defendant failed the roadside tests according to the officer and was arrested for DUI. After her arrest for DUI, she blew a .194 and .185 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2013 | Case: 2012-CT-010826 | Judge Fegers |
| Facts: | The defendant was stopped for weaving all over the road. He did not pull over right away for the police. Once he stopped the car, the officer then approached and noticed an odor of alcohol, slurred speech, droopy eyes, and he was fumbling around. The defendant was also unsteady on his feet once outside the car. He admitted to drinking beer and taking Percocet (a pain killer). He performed very poorly on the roadside tests and was arrested for DUI. He was also falling asleep at the breath testing facility. The defendant submitted to a breath test and a urine test based on his statements about taking pain killers. | |
| Defense: | Parks & Braxton discovered evidence during a pre-trial investigation that the urine results were improperly destroyed. | |
| Result: | The State dropped the DUI. | |
| Feb 21, 2013 | Case: 5354-XEM | Judge Hague |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having four drinks. The defendant appeared to be confused and was off balance. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .155 and .139 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
| Feb 20, 2013 | Case: 2012-CT-001174-A-A | Judge Blechman |
| Facts: | The defendant was involved in a single vehicle accident (motorcycle). The defendant was thrown several feet from the motorcycle and suffered severe injuries. No witnesses saw the crash or the defendant driving the motorcycle. The defendant was transported to the hospital where he was admitted to have major surgery on his left arm. Police later arrived at the hospital and requested a blood sample from the defendant. The officers made no observations consistent with any alcohol impairment before requesting the blood sample. Blood was then drawn from the defendant which later resulted in a blood alcohol reading of .135 from the police toxicology lab. The defendant admitted several weeks later to the police in an interview to driving the motorcycle at the time of the crash and also drinking at a bar prior to the accident. The defendant was subsequently charged with DUI by the State. | |
| Defense: | Parks & Braxton filed several pre-trial motions to suppress the blood sample and the defendant's statements to police during his interview. | |
| Result: | On the day of the motion hearing, Parks & Braxton announced ready to proceed on the motions and the State Dismissed the DUI. | |
| Feb 14, 2013 | Case: 7248-XEX | Judge Denaro |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, glassy eyes, a flushed face, and slurred speech. According to the officer, the defendant failed the roadside tests which were not video taped. He was then arrested for DUI. After his arrest, hr blew a .146 and .154 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The state dropped the DUI. | |
| Feb 14, 2013 | Case: 2012-CT-031866AXXX | Judge Hanser |
| Facts: | The defendant was stopped for swerving. The officer noticed an odor of alcohol, slightly slurred speech, and red eyes. The defendant admitted to drinking two beers. According to the officer, the defendant 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 pre-trial that none of the defendant's normal faculties were impaired. | |
| Result: | The DUI was Dismissed. | |
| Feb 12, 2013 | Case: 3643-XED | Judge Altfield |
| Facts: | The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, red eyes, and a raspy voice. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .180 and .184 in the breath machine. | |
| Defense: | Parks & Braxton were ready for trial. | |
| Result: | The State Dropped the DUI. | |
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