| Oct 9, 2025 | Case: 25-CT-010616 | Judge Gutman |
| Facts: | The defendant was stopped for being passed out in a lane of travel on the interstate highway. Upon awakening him, officers observed an odor of alcohol, bloodshot eyes, slurred speech, and he admitted to doing three to four shots of tequila. He performed very poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .181 and .168 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| 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
| Oct 9, 2025 | Case: 25-CT-010302 | Judge Casanova |
| Facts: | The defendant was found passed out in his car in the middle of an intersection. Upon awakening him, officers noticed an odor of alcohol, slurred speech, and he was unbalanced. His clothes were disheveled and zipper down. He performed poorly on the HGN (eye test), walk and turn, alphabet, finger to nose, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 9, 2025 | Case: 25-CT-010802 | Judge Casanova |
| Facts: | The defendant was stopped for speeding and swerving all over the road. Officers noticed an odor of alcohol, slurred speech, bloodshot eyes, and he stated that he had consumed one beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .111 and .108 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 9, 2025 | Case: 25-CT-009745 | Judge Casanova |
| Facts: | The defendant was stopped for driving over the double yellow lines multiple times. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the field sobriety tests which consisted of the HGN (eye test), one leg stand, finger to nose, alphabet, and walk and turn. He was arrested for DUI and later blew a .155 and .149 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2025 | Case: 24-CT-020900 | Judge Allen |
| Facts: | The defendant was stopped for drifting off the road, turning too wide, and driving on the wrong side of the road. Officers noticed an odor of alcohol, slurred/rambling speech, and bloodshot/glassy eyes. She refused to do any roadside tests and was arrested for DUl. She later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2025 | Case: 25-CT-008064 | Judge Griner |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, an open beer in plain view in the center console, and glassy eyes. He also had dilated pupils and slurred speech. He performed poorly on the field sobriety tests which included the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2025 | Case: 25-CT-006402 | Judge Griner |
| Facts: | The defendant was stopped for speeding, weaving, and driving on the opposite side of the road. Officers observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | After negotiations with the State regarding the videotape evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2025 | Case: 25-CT-005324 | Judge Eckley-Moulder |
| Facts: | Police were called to a bar reference a disturbance that the defendant was causing while he was intoxicated. When police arrived, the defendant was driving down the street and he was ordered to stop. Officers observed an odor of alcohol, slurred/mumbled speech, and he denied drinking alcohol. The defendant agreed to perform only the HGN (eye test) and refused to do any other field sobriety tests. He was arrested for DUI and later reused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2025 | Case: 25-CT-007569 | Judge Gutman |
| Facts: | The defendant was found sleeping in his car on the grass next to a fence at a boys and girls club. Once the officer got the defendant to wake up, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also gave inconsistent answers to questions and made unusual statements. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The officer wrote that he had to knock on the window numerous times to get the defendant to wake up. That was not true, because on tape, he did two quick knocks and the defendant immediately woke up. He then ordered him to roll down his window. The firm provided signs from the fence line to the State showing that the defendant was legally parked. The officer had no reasonable suspicion to order the defendant to roll his window down. The defendant immediately woke and he could have been innocently sleeping. Since all observations were made after that unlawful command, all the evidence would have been thrown out. The State agreed and DIsmissed his Second DUI. | |
| Result: | The DUI was dismissed. | |
| Oct 7, 2025 | Case: 25-CT-002043 | Judge D. Roberts |
| Facts: | The defendant was stopped for having an expired registration. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He was lethargic, swayed, had poor balance, staggered, and stumbled around. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 7, 2025 | Case: 24-019540MU10A | Judge Evans |
| Facts: | The defendant was stopped for driving the wrong way towards oncoming traffic. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The officers also observed beer cans in the vehicle. The defendant was asked to exit the car whereby the officer observed unsteadiness. The defendant originally refused to perform field sobriety tests, but agreed once the officers placed him in handcuffs. He performed the HGN (eye test), walk and turn, one leg stand, finger to nose exercises, as well as the modified Rhomberg (time estimation test). The video showed that on the walk and turn test the defendant failed to walk heel to toe and stumbled on the turn. On the one leg stand the defendant dropped his foot a few times. On the finger to nose the defendant used his pad rather than the tip of his finger when touching his nose. The defendant was arrested for DUI and refused to submit to a breath test. | |
| Defense: | Parks and Braxton announced ready for trial. While the defendant did not perform perfectly on the field sobriety exercises, it was clear that the officer both exaggerated and mischaracterized the defendant's performance. As far as the refusal to submit to a breath test, the defendant was already under arrest. He wasn't going to be let go if he provided a breath test regardless of the results. In addition, it seemed obvious from the video that the defendant was refusing a breath test not because he was trying to conceal the results, but rather because he did not trust the police. The state dropped the DUI just as the jury was coming in on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Oct 7, 2025 | Case: 24-163487MU10A | Judge Levy |
| Facts: | The defendant hit the side of the curb causing damage to her tires. Road patrol came on scene, made observations of the defendant and called 911. Road patrol told dispatch that the defendant did not look right and was possibly impaired. The officers arrived on scene and made observations consistent with impairment. Specifically, the defendant was extremely unsteady on video, almost falling over several times. In addition, the defendant admitted to taking a controlled substance prior to driving. She was arrested for DUI. She subsequently provided a urine sample which revealed the presence of Lorazepam. | |
| Defense: | The defendant explained on video that she was diagnosed with bronchitis. Parks & Braxton obtained the defendant's medical records which supported her claim that she was sick. In addition, bronchitis affects blood cell count which would explain the defendant's extreme unsteadiness on video. The firm subpoenaed the records custodian to admit the medical records in trial. After refusing to deviate for months, the State finally agreed to drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 1, 2025 | Case: 25-CF-000461 | Judge Hamilton |
| Facts: | The defendant was stopped for weaving all over the road for a long distance and time. Officers noticed and odor of alcohol, he appeared unbalanced, and had slurred speech. His face was flushed, he had watery eyes, and he shuffled though his documents. He refused to do any roadside tests and was arrested for DUI. He later refused a breath test. Officers also found a controlled substance and he was charged with felony possession. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and the felony possession charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Oct 1, 2025 | Case: 25-CM-002824 | Judge Gutman |
| Facts: | The defendant was driving erratically and then was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. His face was flushed and he appeared lethargic and sleepy. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Under Florida law, a breath test cannot be requested until after one is arrested for DUI. Here, the officer asked for a breath test prior to arresting him for DUI. Thus, the refusal to take the breath test would have been excluded from evidence. After negotiations with the State regarding the misinformation of law, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 1, 2025 | Case: 25-CT-003737 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, fumbling fingers, glassy eyes, and unsteady balance. The defendant admitted to coming from a bar. After only performing the HGN (eye test), he refused to perform any other field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 1, 2025 | Case: 25-CT-005238 | Judge Grode |
| Facts: | The defendant was stopped for running a stop sign and nearly causing a crash. Officers noticed an odor of alcohol, unsteady balance, and he had a wristband on from a bar. He also had slurred speech and glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand exorcises, he was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 1, 2025 | Case: 25-CT-007048 | Judge Taylor |
| Facts: | The defendant was found passed out in a lane of travel on an interstate highway. Upon awakening him, the officers observed an odor of alcohol, slurred speech, and watery eyes. He also had an unsteady balance and had no idea where he was or why he was there. After performing the HGN (eye test) walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2025 | Case: 25-CT-010461 | Judge Scott |
| Facts: | The defendant was stopped for swerving and being unable to maintain a single lane. Officers noticed an odor of alcohol, slurred speech, and watery/glassy eyes. The defendant admitted to consuming three glasses of wine. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. The defendant later blew a .188 and .179 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 25, 2025 | Case: AKWRESE | Judge Croff |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred/mumbled speech, and glassy eyes. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 25, 2025 | Case: AKWREWE | Judge Mckyton |
| Facts: | The defendant was stopped for driving the wrong way down a one-way street. Officers noticed an odor of alcohol, a dazed/blank expression, mumbled speech, bloodshot eyes, and he stumbled and almost fell. His movements were quick and clumsy, and he appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant's speech was not mumbled and he was not off balance nor unsteady. He never stumbled. He did not appear clumsy at all. After negotiations with the State regarding the video tape evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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