| Mar 22, 2010 | Case: 1927-XED | Judge Ortiz |
| Facts: | The defendant crashed his car into a fence after driving at a high rate of speed. The officer observed an odor of alcohol, slurred speech, a flushed face, and he had trouble maintaining his balance. The officers suspected he was impaired by a chemical and/or controlled substance, not alcohol. This was after their investigation was complete. The conclusion was based on the eye test (ie. HGN). He was requested to give urine after his arrest for DUI and he refused. | |
| Result: | The DUI was Dismissed. | |
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
| Mar 19, 2010 | Case: 08-CT-0011633 | Judge Brewer |
| Facts: | The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, rambling speech, and red eyes. The defendant appeared confused. He then performed the roadside tests at the request of the officer. For example, on the one leg stand, he swayed and used his arms for balance. On the walk and turn, he did not touch heel to toe, stepped off the line, and raised his arms. After his arrest for DUI, he blew a .084 and .081 which were both over the legal limit. | |
| Result: | The State Dropped the DUI. | |
| Mar 19, 2010 | Case: 09-CT-013888AXXX | Judge Hanser |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and the defendant admitted to having 4-5 drinks. He then performed the roadside tests for the officer. For example, on the walk and turn, he lost his balance during the instructions, missed heel to toe, and used his arms for balance. After his arrest for DUI, he blew a .146 and .139. | |
| Result: | The State Dropped the DUI. | |
| Mar 19, 2010 | Case: 09-001670CTMA | Judge Tinlin |
| Facts: | The defendant was stopped for reckless driving. She allegedly was driving all over the roadway. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. The officer found an open cup of red wine in the car. She refused the roadside tests and the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 15, 2010 | Case: 4859-FZP | Judge Ortiz |
| Facts: | The defendant was stopped for running a flashing red light. The officer noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. She was unable to keep her balance while standing. She refused the roadsides and the breath test. | |
| Result: | The DUI was dismissed. | |
| Mar 15, 2010 | Case: 341851-W | Judge Seraphin |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, fair speech, and bloodshot eyes. On the balance exercise, he estimated 42 seconds for 30 seconds and swayed. On the finger to nose, he missed the tip of his nose all 6 times. After his arrest for DUI, he refused the breath test. This was the defendant's second DUI. | |
| Result: | The DUI was Dismissed. | |
| Mar 9, 2010 | Case: 2009-CT-008693-O | Judge Jewett |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, and she admitted having three beers. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew a .123 a.120 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Mar 6, 2010 | Case: 10-000626CT | Judge Martin |
| Facts: | The defendant was stopped for weaving several times. The officer noticed an odor of alcohol and balance problems. The defendant also admitted to drinking and had problems producing her driver's license and registration. She performed poorly on the roadsides according to the officer. For example, on the walk and turn, she lost her balance, failed to touch heel to toe, and took the incorrect number of steps. On the one leg stand, she used her arms for balance and put her foot down. She was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 3, 2010 | Case: 9058-XCM | Judge Fernandez |
| Facts: | The defendant was stopped for failing to stop at a red light while turning right and swerving. The officer noticed an odor of alcohol, a flushed face, slurred speech, and bloodshot eyes. According to the officer, the defendant did not perform the roadsides to standards. For example, on the walk and turn, he stepped off the line, did not turn correctly, and lost his balance during the instructions. One the one leg stand, he put his foot down, swayed, and hopped. He was arrested for DUI and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Feb 17, 2010 | Case: 06-022369MM10A | Judge Ireland |
| Facts: | The defendant was stopped for driving in the wrong direction and running a red light. The officer noticed an odor of alcohol, glassy eyes, and a flushed face. He refused to perform the roadside tests and was arrested for DUI. After his arrest, he refused to take the breath test. | |
| Result: | The State Dropped the DUI. | |
| Feb 16, 2010 | Case: 2201-XED | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding and almost colliding with another car. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he failed the roadside tests and was arrested for DUI. For example, on the walk and turn, he paused to regain his balance, did not touch heel to toe, and stepped off the line. On the finger to nose, he missed the tip of his nose and did not remove his finger from his nose. After his arrest, he blew a .164 and .151 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Feb 9, 2010 | Case: 2009-CT-3733 (JURY TRIAL) | Judge Ashenafi-Richardson |
| Facts: | The defendant was stopped for making a wide turn, almost striking a police car, and hitting a curb. The officer noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant swayed and had problems walking. At the beginning of the walk and turn exercise, the defendant was unable to hold the instructional stance. The defendant then started to ask questions about the consequences of refusing the tests. He never got a straight answer from the officer and was then arrested for DUI. After his arrest, he refused the breath test. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Feb 8, 2010 | Case: 2010-CT-015576 | Judge Evans |
| Facts: | The defendant was stopped as he approached a traffic crash scene at a high rate of speed and he came to an abrupt stop. Officers came up to the car and ordered him to roll down his windows. They observed the defendant to have an odor of alcohol, bloodshot eyes, and slow speech. While he was still inside the car, he was asked to perform roadside tests. He refused and when he finally stepped out of the car, he was arrested for DUI. He then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jan 29, 2010 | Case: 2008-CT-7781 | Judge Draper |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, a dazed look, and bloodshot eyes. The defendant stated he had a few drinks. He performed poorly on the roadside tests according to the officer and was arrested for DUI. For example, on the walk turn, he took the incorrect number of steps, raised his arms for balance, and did not touch heel to toe. After his arrest, he blew a .119 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Jan 27, 2010 | Case: 09-2080MM10A (JURY TRIAL) | Judge Ireland |
| Facts: | The defendant was the "at-fault" driver in a rear end crash. The officer arrived on scene and advised the defendant that he was conducting a DUI investigation. As he spoke with the defendant the officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. It should be noted that the video back at the police station indicated slurred speech as well. The defendant then performed a series of field sobriety tests. On the walk and turn test, the defendant swayed back and forth, failed to walk heel to toe, and stepped off the line several times. On the one leg stand test, the defendant stomped her foot several times and almost fell over. The test was discontinued for her safety. On the finger to nose test, the defendant failed to touch the tip of her nose on each attempt. The defendant was arrested for DUI. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jan 25, 2010 | Case: 08-2585MM10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a traffic crash on the highway with extensive damage. The Trooper observed a strong odor of alcohol, extremely slurred speech and bloodshot eyes. The defendant then performed a series of field sobriety exercises. On the walk and turn test, the defendant failed to walk heel to toe and stepped off the line several times. On the HGN (eye test), she indicated all six clues of nystagmus. During the investigation, the Trooper spoke with an independent civilian witness that allegedly identified the defendant as the driver in the accident. The defendant was arrested for DUI. | |
| Result: | The motion was granted and the state dropped the DUI. | |
| Jan 20, 2010 | Case: 08-03557MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for speeding. The officer immediately observed an open 18 pack of bud light in the car with a green cup filled with beer. The officer observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer then called for another deputy to perform the field sobriety tests. After failing to touch heel to toe on the walk and turn test as well as dropping his foot 4 times on the one leg stand, the defendant was arrested for DUI. Upon arrest, the first officer discovered 2 pill bottles in the vehicle. At the breath alcohol testing center the defendant performed the field sobriety tests again on video. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 19, 2010 | Case: 5297-XDQ | Judge Ortiz |
| Facts: | The defendant was involved in a rear-end collision in which she was at fault. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had a hard time standing upright. The defendant could not perform any roadside tests up to standards due to her high level of intoxication. After her arrest for DUI, she refused the breath test. She was also arrested for resisting an officer without violence for not allowing the officers to cuff her and criminal mischief for kicking the patrol car. | |
| Result: | The State Dropped the DUI and dismissed the other two charges. | |
| Jan 12, 2010 | Case: CT-002284-GKF | Judge Dominguez |
| Facts: | The defendant was stopped for weaving and speeding which was captured on tape. The officer observed an odor of alcohol, bloodshot eyes, and he admitted having a few drinks. He then performed the field sobriety tests on video tape. For example, on the walk and turn, he failed to maintain his balance and lost his balance on the turn. On the one leg stand, he put his foot down and swayed. He was then arrested for DUI. | |
| Result: | The State Dismissed the DUI. | |
| Jan 12, 2010 | Case: CT-000211-XEX | Judge Mcneil |
| Facts: | The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, watery eyes, and he admitting drinking beers. According to the officer, he performed poorly on roadside tests which were taped. He was then arrested for DUI. He subsequently refused the breath test. | |
| Result: | 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.