| Aug 12, 2025 | Case: 25-CT-007372 | Judge Rich |
| Facts: | The defendant was stopped for speeding. Officers observed and odor of alcohol, glassy/watery eyes, and slow/lethargic movements. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | We had a conversation with the prosecutor and pointed out that on tape, not one of the defendant's normal faculties were impaired. In addition, his movements were not slow or lethargic. Also, one deputy told the defendant on tape that he was being arrested for "drinking and driving." It is not a crime in Florida to drink and drive. What is a crime is to drive while your normal faculties are impaired. The State agreed and Dismissed the DUI. | |
| 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
| Aug 12, 2025 | Case: 25-CT-000509 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/watery eyes, and slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State before the trial date regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 12, 2025 | Case: 25-CT-000265 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery/bloodshot eyes, slow and sluggish movements, and slurred speech. The defendant stated he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant's speech was not slurred and his movements were not sluggish at all. The defendant performed much better on the roadside tests on tape than as described in the police reports. After negotiations just before the trial date, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 11, 2025 | Case: ADO78QE | Judge Urbistondo |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, rapid speech, and dilated pupils. The defendant admitted to drinking one beer. The defendant performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | Field sobriety tests are supposed be conducted in a dry area. In this case, he had the defendant perform them in the rain. Also, officers are supposed to demonstrate the roadside tests properly on tape and here they were demonstrating in a very confusing way. Finally, the State could not place the defendant in actual physical control of the car at the time of the crash. On the day of trial, the DUI was Dismissed. | |
| Result: | The DUI was dismissed. | |
| Aug 7, 2025 | Case: 25-CT-024243 | Judge Skinner |
| Facts: | The defendant was stopped for driving too slowly and drifting back and forth. Officers stopped the defendant and noticed an odor of alcohol, slurred speech, a sway, and watery eyes. The defendant performed the HGN (eye test), one leg stand, and walk and turn exercises. He was subsequently arrested for DUI and later blew a .143 and .142 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. | |
| Aug 7, 2025 | Case: 25-CT-000315 | Judge J. Steele |
| Facts: | The defendant crashed her car into a ditch. Officers arrived and noticed an odor of alcohol, slurred speech, watery/glassy eyes, and stuttering/slurred speech. The defendant stated that she had consumed three vodka tonics and three shots. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the DUI, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2025 | Case: 25-CT-008203 | Judge Menz |
| Facts: | Police were called to a bar regarding an intoxicated male (i.e., the defendant). The defendant was causing a disturbance as he was allegedly threatening bar staff and telling them he was going to kick their asses. Officers located the defendant and conducted a traffic stop. They observed an odor of alcohol and mumbled speech. Due to the defendant a having various medical ailments, he performed nonphysical field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the officer had no idea how to instruct the defendant on the field sobriety tests. Her instructions were so confusing that no one could understand them. The defendant had to ask several clarifying questions over and over on tape. Even the prosecutor, after viewing the tape, agreed with our position. After a few conversations, the State Dropped the DUI and he received no criminal conviction. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2025 | Case: 25-CT-004362 | Judge Taylor |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .120 and .114 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. | |
| Aug 6, 2025 | Case: 25-CT-016884 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, fumbling fingers, a blank/dazed stare, droopy eyelids, a sway to his stance, and slow/lethargic movements. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | The defendant's performance on the field sobriety tests was much better on video tape than as described in the reports. Additionally, on tape, his speech was not slurred and he was not lethargic. The State Dropped the DUI after negotiations. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2025 | Case: 25-CT-002018 | Judge Taylor |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, slurred speech, unsteady balance, a flushed face, and glossy/bloodshot eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | All the airbags deployed during the crash in the defendant's vehicle. We pointed out to the State that any impairment, such as unsteady balance, bloodshot eyes, and slurred speech could have been equally attributed to being hit in the head and body with airbags versus alcohol. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 5, 2025 | Case: 24-CT-020526 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and bloodshot/glossy eyes. The defendant performed poorly on roadside tests, such as HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .150 and .148 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. | |
| Aug 5, 2025 | Case: 25-CT-001216AX | Judge J. Steele |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a sway. The defendant stated that he had drank beer and performed poorly on the field sobriety tests such as the HGN (eye test), one leg stand, and walk and turn. 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. | |
| Aug 5, 2025 | Case: AJF4PBE | Judge Lawhorne |
| Facts: | The defendant was stopped for running a red light. Officers noticed an odor of alcohol, a flushed face, slurred speech, and he was unsteady. He also staggered and swayed. The defendant only performed the HGN (eye test) and then refused to perform all other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant was not unsteady, his speech was not slurred, and he never staggered or swayed. Also, the officer never gave any adverse consequences when the defendant refused roadside tests as required by law. Also, when a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 4, 2025 | Case: 25-MM-001760AP | Judge Hamilton |
| Facts: | The defendant was stopped for failing to use a turn signal. Officers noticed an odor of alcohol, incredibly slurred speech, droopy eye lids, a flushed face and bloodshot/watery eyes. He performed poorly on field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | Parks & Braxton filed a motion to suppress all the evidence. In our motion, we alleged that the traffic stop was unlawful. Pursuant to Florida Statute 316.155(1) and Florida case law (i.e., State v Riley), a traffic stop can only be conducted for failure to use turn signal if other traffic is affected. Here, there was no traffic affected. Thus, the stop was unlawful and all the evidence subsequent to the stop would have been suppressed (excluded). The State agreed and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 1, 2025 | Case: 25-MM-001137 | Judge Jo-Bell |
| Facts: | The defendant was on the river in his kayak which a had a trolling motor. The police stopped him because he had no registration. Officers noticed an odor of alcohol, unsteady balance, and bloodshot eyes. After performing various boating under the influence field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination, he was arrested for Boating Under the Influence and later blew a .137 and .134 in the breath machine. | |
| Defense: | Under the law, the kayak having a motor can be the basis for a BUI charge. However, after conversations with the State about the ridiculousness of being arrested for BUI on a kayak on a river with a trolling motor, that can only go about 2 mph, the State Dismissed the BUI. | |
| Result: | The BUI was dismissed. | |
| Aug 1, 2025 | Case: 25-CT-006495 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, unsteady balance, and red/watery eyes. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .164 and .156 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. | |
| Aug 1, 2025 | Case: 25-CT-004231 | Judge Valkenburg |
| Facts: | The defendant was stopped for driving the wrong way down a one-way street and almost causing a crash with another car. Officers noticed an odor of alcohol, unsteady balance, slurred speech, and a wristband on from a bar. He performed 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 .182 and .180 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. | |
| Jul 31, 2025 | Case: 25-CT-003084 | Judge Rich |
| Facts: | The defendant was found by police passed out in his running vehicle in the middle of an intersection. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .132 and .130 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 31, 2025 | Case: 25-CT-004387 | Judge Rich |
| Facts: | The defendant crashed his car on the highway into a median wall. Officers arrived and noticed an odor of alcohol, watery eyes, and slurred speech. He also had trouble balancing. The defendant stated someone else was driving the car. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | When officers arrived, the defendant was standing outside his car. He denied being the driver. Other officers from a different agency were on scene as well and the State could not provide their names. The State could not prove that the defendant was the driver based on a lack of evidence and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 29, 2025 | Case: 25-CT-006094 | Judge Casanova |
| Facts: | The defendant was stopped for swerving within the lane of travel and drifting over the dashed divider lines. Officers noticed an odor of alcohol and the defendant was requested to perform field sobriety tests. She then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime to request field sobriety tests. The firm put forth that all of her roadside tests were unlawfully obtained. In addition, the officers overexaggerated the extent of the weaving in their reports as compared to the videotape. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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