| Mar 5, 2005 | Case: 04-021014MM10A | Judge Feiner |
| Facts: | The defendant was involved in a rollover accident. An off duty officer witnessed the accident and identified the defendant as the driver of the vehicle. Both the off duty officer as well as the investigating trooper observed that the defendant was unsteady on his feet. They smelled a strong odor of alcohol and bloodshot eyes. The off duty officer noticed beer inside the vehicle. According to the trooper, the defendant failed the roadside tests. He was subsequently arrested for DUI and refused a breath test. He was also charged with refusal to submit to a breath test. | |
| Result: | The State dismissed all charges on the morning of trial. | |
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 2, 2005 | Case: 2004-CT-02441-A-K | Judge Fowler |
| Facts: | The defendant was stopped by the Monroe County Sheriff's Office in Key West for driving all over the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech and the defendant admitted having 3-4 beers and some Jaeger. He performed poorly on roadside tests and subsequent to his arrest for DUI refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2005 | Case: 250935-W | Judge Newman |
| Facts: | The defendant was involved in an accident in which he rear ended another vehicle. The officer who arrived on scene observed balance problems, an odor of alcohol, and slurred speech. The defendant was outside the vehicle when the officers arrived. He performed poorly on roadside tests and blew a .201 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 24, 2005 | Case: 04-012670MM10A | Judge Levenson |
| Facts: | The defendant was stopped for squealing his tires and making a wide turn. The defendant failed to pull his car over for several blocks after the officer placed his lights on. The DUI task force was called to the scene. The deputy smelled a strong odor of alcohol, bloodshot eyes and slurred speech. He failed all roadside sobriety exercises and blew a .183 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 23, 2005 | Case: 2004-CT015407-O | Judge Fleming |
| Facts: | The defendant was stopped for speeding and weaving in and out of traffic by the Orange County Sheriff's Office in Orlando. The officer observed and odor of alcohol, bloodshot eyes, and balance problems. The defendant admitted to having a couple of beers. According to the officer, he performed poorly on roadside tests. He then blew a .083 in the breath machine after his arrest for DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 22, 2005 | Case: 488676-X | Judge Newman |
| Facts: | The defendant was stopped for running a red light. Once stopped, the defendant was observed to have an odor of alcohol, slurred speech, and balance problems. She performed poorly on roadside tests and then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2005 | Case: 04-011108MM10A | Judge Levenson |
| Facts: | The defendant was stopped for driving at a high rate of speed and squealing his tires. Once stopped, the officers observed an odor of alcohol, slurred speech and blood hot eyes. he performed poorly on roadside tests and blew a .17 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 14, 2005 | Case: 04-8738MM10A | Judge Feiner |
| Facts: | The defendant was stopped for running a red light almost crashing into a DUI deputy. The deputy noticed an odor of alcohol, flushed face and bloodshot eyes. The defendant performed poorly on the roadside exercises and refused a breath test. | |
| Result: | Just prior to the jury entering the courtroom the State dropped the DUI. | |
| Feb 14, 2005 | Case: 04-4256MM10A | Judge Feiner |
| Facts: | The defendant was stopped for driving on the grass, speeding and running a red light. The defendant exited his car and allegedly fell to the ground. Both officers describe the defendant as a falling down drunk who could not complete any tests. | |
| Result: | The State dropped the DUI. | |
| Feb 12, 2005 | Case: 05-004919TCA02 | Judge Damico |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, sluggish speech, and bloodshot eyes. The defendant allegedly performed poorly on roadside tests which were video taped. The defendant admitted drinking bud light and rum shots. He blew a .124 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2005 | Case: 04-022314MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped because a caller stated that a woman was driving 10 MPH on the highway and appeared intoxicated. The officer saw the defendant exiting the highway at a slow rate of speed and failing to maintain a single lane. The officer smelled an odor of alcohol, bloodshot eyes and slurred speech. The defendant was arrested for DUI and a bottle of wine was recovered from the car. She later blew a .160 in the breath machine. This was the defendant's 2nd offense. | |
| Result: | The motion was granted. All evidence was thrown out. | |
| Feb 6, 2005 | Case: 05-001675-CT-A-1 | Judge Barnes |
| Facts: | The defendant was stopped for driving over 100 miles per hour. Once stopped, the officer smelled an odor of alcohol, a sway to his stance, and the defendant was arguing with the police. He also had slurred and mumbled speech and bloodshot eyes. The defendant refused roadside tests and refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Feb 5, 2005 | Case: 05-4549MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving recklessly on the roadway. The deputy noticed bloodshot eyes, flushed face and and slurred speech. The defendant failed all roadside sobriety tests and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Jan 31, 2005 | Case: 04-013493MM10A | Judge Feiner |
| Facts: | The defendant was stopped for driving 95mph. The Trooper noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant told the Trooper that he had 5 beers at a local bar. He was unable to perform any sobriety test and refused a breath test. | |
| Result: | The State dropped the DUI just prior to the jury entering the courtroom. | |
| Jan 31, 2005 | Case: 508322-X | Judge Bloom |
| Facts: | The defendant was stopped by police based on a BOLO (be on the lookout) that a black hummer had been involved in a hit and run crash. An officer saw a black hummer about 29 blocks from the crash scene and stopped the vehicle. The officer noticed an odor of alcohol, slurred speech and that the defendant was off balance. The defendant performed poorly on roadside tests and he refused the breath test. He was also charged with leaving the scene of an accident. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2005 | Case: 04-CF2305 | Judge Barron |
| Facts: | The defendant was stopped by Okaloosa County Sheriff's Officers for weaving and driving too slowly. Once stopped, the officers noticed slurred speech and that the defendant seemed to be impaired. Once out of the vehicle, the defendant was off balance and unsteady. She performed poorly on roadside tests and was arrested for Driving Under the Influence of a a chemical or controlled substance. The officers found numerous prescription drugs in the car to which the defendant did not have a prescription. They also found marijuana in the car. The defendant refused to provide a urine sample. The defendant was also charged with possession of marijuana and a felony for being in possession of a drug without a prescription. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2005 | Case: 03-026878MM10A | Judge Cowart |
| Facts: | The defendant was stopped for parking at an improper angle in a closed gas station. The defendant was passed out behind the wheel with the engine running. When the deputy approached the vehicle the defendant passed out in the drivers seat. The defendant motioned for the deputy to get out of the way so he could leave. While the defendant attempted to place the car in drive, the deputy grabbed the key from the ignition. The car smelled from alcohol and the defendant was completely unsteady on his feet. The defendant failed all roadside tests. In addition, the defendant was charged with refusing to submit to a breath test. | |
| Result: | All evidence was thrown out. The DUI was dismissed. | |
| Jan 19, 2005 | Case: M04-045776 | Judge Ortiz |
| Facts: | The defendant was charged with Boating Under the Influence. The officer stated he observed the defendant drinking on his boat while at the wheel of the boat. When the officer boarded the boat, he observed an odor of alcohol and slurred speech. The defendant performed some roadside exercises on the boat which the officer stated he performed poorly. He was then transported to the Coast Guard Station to do more field sobriety tests. He was then arrested for BUI and he refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Jan 18, 2005 | Case: 252527-W | Judge Newman |
| Facts: | The defendant was stopped for swerving. Once stopped the officer observed the defendant to be off balance, have an odor of alcohol and slurred speech. He refused roadsides and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jan 18, 2005 | Case: 316999-X | Judge Newman |
| Facts: | The Defendant was stopped by a Miami-Dade fire rescue person who found the defendant passed out at a light. He removed the defendant from the vehicle and called for the police. When police arrived, the defendant was sitting on the grass. They observed and odor of alcohol and blood shot eyes. He allegedly performed poorly on roadside tests and blew a .108 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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