| Oct 1, 2011 | Case: 8071-XEE | Judge Schwartz |
| Facts: | The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI. | |
| Result: | On the day of trial, the DUI was dismissed based on the Statute of Limitations. | |
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
| Oct 1, 2011 | Case: 3210-XEJ | Judge Newman |
| Facts: | The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | On the day of trial and prior to arguing the motion, the State Dropped the DUI. | |
| Oct 1, 2011 | Case: 7815-XEJ | Judge Gayles |
| Facts: | The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana. | |
| Result: | On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations. | |
| Oct 1, 2011 | Case: CT-000301-XEH | Judge Lefler |
| Facts: | The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI. | |
| Result: | Prior to trial, the State Dropped the DUI. | |
| Sep 28, 2011 | Case: CT-004244-XEP | Judge Dominguez |
| Facts: | The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162. | |
| Result: | The State Dropped the DUI. | |
| Sep 19, 2011 | Case: 4522-XDY | Judge Seraphin |
| Facts: | The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test. | |
| Result: | Just before jury selection, the State Dropped the DUI. | |
| Sep 19, 2011 | Case: 2011-CT-019871AXXX | Judge Evans |
| Facts: | The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Sep 15, 2011 | Case: CT-005157-XEP | Judge Greco |
| Facts: | The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 14, 2011 | Case: CT-002590-XEJ | Judge Mcneil |
| Facts: | The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 12, 2011 | Case: 09-025733MM10A | Judge Murphy |
| Facts: | The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI. | |
| Result: | The Court Granted the Motion to Dismiss. | |
| Sep 11, 2011 | Case: CT-005975-XBN | Judge Mcneil |
| Facts: | The defendant was stopped for weaving, driving to slow, and braking for no reason. The trooper observed an odor of alcohol, unsteadiness, and watery eyes. He performed poorly on the roadside tests according the trooper and was arrested for DUI. After his arrest, he blew a .145 and .142 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Sep 11, 2011 | Case: CT-008938-SVI | Judge Lefler |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol and glassy eyes. The defendant had difficulty exiting the vehicle and used the car for support. He admitted to drinking two beers and one glass of wine. He refused the roadside tests and was arrested for DUI. He then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Sep 9, 2011 | Case: 11-012849MM10A | Judge NO JUDGE ASSIGNED |
| Facts: | The defendant was stopped for speeding and drifting. The Trooper observed an odor of alcohol, bloodshot eyes, and a flushed face. The defendant admitted to drinking beer. He refused the roadside tests and the breath test. This was the defendant's Second DUI. | |
| Result: | The DUI was Dismissed pursuant to the rules of speedy trial. | |
| Sep 5, 2011 | Case: 3834-XED | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, watery eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .099 and .097 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Sep 5, 2011 | Case: 3192-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was the at fault driver in a rear-end crash. The officers observed an odor of alcohol and bloodshot eyes. He performed poorly on the roadside tests and was arrested for DUI. He then refused the breath test. This was his Second DUI offense. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
| Sep 5, 2011 | Case: 3259-XED | Judge Miranda |
| Facts: | The defendant was involved in a crash whereby he hit a concrete wall. The officers observed an odor of alcohol, thick tongued speech, and watery eyes. He failed all the roadside tests and was arrested for DUI. After his arrest for DUI, he blew a .195 and .199 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Sep 3, 2011 | Case: 08-0115364MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped by several officers for driving 80mph in a 45mph zone. Upon making contact with the defendant the deputy observed an odor of alcohol, bloodshot eyes and slurred speech. Upon questioning the defendant did not know which county he was in. The DUI task force officer was called to the scene who observed the defendant to be unsteady on his feet. The defendant performed several field sobriety tests and was arrested for DUI. The defendant blew a .174 in the breath machine. | |
| Result: | The motion was granted and the State dropped the DUI. | |
| Sep 3, 2011 | Case: 09-014595MM10A | Judge Lerner-Wren |
| Facts: | The police received an anonymous tip of a drunk driver. The officer made a contact with the defendant and observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The defendant admitted to having "4 vodka drinks". The defendant performed field sobriety tests both at the scene as well as at the jail. The field sobriety tests at the jail were on video. The defendant's performance on the field sobriety tests clearly indicated that the defendant was in fact impaired. The defendant was arrested for DUI. | |
| Result: | After the witness testified, the State DISMISSED the DUI. | |
| Aug 31, 2011 | Case: CT-008134-XEF | Judge Lefler |
| Facts: | The defendant was stopped for making a wide turn and not stopping for a green light. The officer observed an odor of alcohol, thick tongued speech, and bloodshot eyes. According to the officer, he failed the field soberiety tests and was arrested for DUI. After his arrest, he blew a .187 and .190 in the breath testing machine. | |
| Result: | The Judge Granted the motion and threw out the breath tests results. The State then Dropped the DUI. | |
| Aug 31, 2011 | Case: 2011-CT-024827 | Judge Baker |
| Facts: | The defendant was stopped for having no tag lights. The officer observed an odor of alcohol, slurred speech, and he was unable to keep his balance. He refused to do the roadside tests and was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI. | |
| Result: | On the morning of trial, the State Dropped the DUI. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.