| Jun 23, 2025 | Case: 25-CT-500419 | Judge Gonzalez |
| Facts: | The defendant crashed his car into a concrete drain on a front lawn. Officers arrived and noticed an odor of alcohol, watery/bloodshot eyes, and slow speech. The defendant was combative and very sweaty. The defendant then performed the HGN (eye test), walk and turn, one leg stand, finger to nose, alphabet, estimation of 30 seconds, and count backwards exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant told the officer that he could not perform the physical exercises such as the walk and turn and one leg stand due to previous injuries. They still made him do it and he performed poorly. However, on the nonphysical exercises, such as the finger to nose, alphabet, count backwards, and estimation of time (30 seconds), he performed very well. The officer can even be heard on tape prior to the walk and turn telling the defendant, "it is not a normal way to walk." The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
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
| Jun 23, 2025 | Case: 25-CT-002967 | Judge Griner |
| Facts: | The defendant was stopped for speeding as he was driving in excess of 90 mph. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew .098 and .096 in the breath machine. | |
| Defense: | The officer misstated the law to the defendant while requesting a breath test. He told him on tape that if he blew under the legal limit, he would be good to go and "wouldn't have to worry about a DUI." That is not true because he cannot be unarrested, can still be charged with DUI by the State, and the officer has no idea what a prosecutor will do. The State Dropped the DUI realizing the breath test would be excluded from evidence. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2025 | Case: 25-CT-017979 | Judge Mussleman |
| Facts: | The defendant was involved in an accident whereby he hit a light pole. Officers caught him leaving the parking lot and stopped him. They noticed an odor of alcohol, he appeared confused, and had bloodshot/glassy eyes. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | For whatever unknown reasons on tape, the officers never even asked the defendant to perform any field sobriety tests. Thus, they didn't conduct any DUI investigation. After conversations with the State about the lack of evidence, they Dismissed the DUI and he pled to a leaving the scene of accident. He received no conviction, no points, and only had to pay court costs. | |
| Result: | The DUI was dismissed. | |
| Jun 18, 2025 | Case: 25-CT-010810 | Judge Musselman |
| Facts: | The defendant was stopped for driving 95 mph in a 70 mph zone and also swerving numerous times. Officers noticed an odor of alcohol, he stumbled getting out of the car and had watery eyes. When asked if he had been drinking, he replied, "not enough" then laughed. He performed poorly on various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .163 and .154 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. | |
| Jun 18, 2025 | Case: 25-CT-004886 | Judge Taylor |
| Facts: | The defendant was stopped for driving the wrong way and nearly struck the officer's police car. Officers observed an odor of alcohol, unsteady balance, a blank stare, and slurred speech. The defendant performed sobriety tests such as the HGN (eye test) and walk and turn. For safety reasons, due to her level of intoxication, the one leg stand was not performed. She was arrested for DUI and later blew a .204 and .199 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. | |
| Jun 17, 2025 | Case: 24-CT-021397 | Judge Valkenburg |
| Facts: | The defendant was stopped after he drove through a checkpoint at the port. He told the cops he had to pee. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred/thick tongue speech. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant's speech was not slurred, he had no balance issues, walked normal, stood normal, and was responsive and coherent. In conversations with State, we pointed out that he was not impaired. Prior to trial, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 17, 2025 | Case: 24-CT-018785 | Judge Valkenburg |
| Facts: | The defendant was stopped for weaving as he crossed over the lines several times, almost hit a curb, and almost struck another car. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having consumed three beers. He then performed various field sobriety tests, such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 16, 2025 | Case: 25-CT-013068 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery eyes, and his pupils were dilated. Officers also observed two Bud Light beers in the car and the defendant stated that he had consumed four beers. The defendant performed various field sobriety tests such as the one leg stand, finger to nose, alphabet, HGN (eye test) and estimation of 30 seconds. He was arrested for DUI and later blew a .187 and .182 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. | |
| Jun 16, 2025 | Case: 25-CT-015889 | Judge Jacobus |
| Facts: | The defendant was stopped for driving with no lights and also failing to maintain a single lane. Officers observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also swayed while he stood, appeared unsteady on his feet, and his movements were slow. After performing the HGN (eye test), one leg stand, and walk and turn roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the officer misinformed the defendant that the field sobriety tests were required by law. That is a misstatement, as only a blood, breath, or urine test is required by law. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 16, 2025 | Case: 24-CT-002365 | Judge Hendricks |
| Facts: | The defendant was found by police passed out in his car on the side of a Denny's restaurant. Officers noticed an odor of alcohol, vomit on the defendant, slurred speech, and he admitted to having consumed rum and cokes. 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. This was the defendant's Second DUI arrest. | |
| Result: | The State dropped the DUI. | |
| Jun 10, 2025 | Case: 25-CT-000019 | Judge Rich |
| Facts: | The defendant was stopped for driving at a high rate of speed and almost causing a crash. Officers observed an odor of alcohol, slurred speech, glassy eyes, and unsteady balance. The defendant admitted to having come from a club and also drinking alcohol. She performed poorly on the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .169 and .169 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. | |
| Jun 10, 2025 | Case: 25-CT-000274 | Judge Rich |
| Facts: | The defendant was involved in a traffic crash. Officers arrived and noticed an odor of alcohol, watery eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and walk and turn exercises, she was arrested for DUI. She later blew a .107 and .104 in the breath machine. | |
| Defense: | During pretrial negotiations, we pointed out that the defendant was not the at fault driver in the crash. The other driver caused the crash and he also was arrested for DUI. In addition, the officer had the defendant doing the field sobriety tests on the side of the highway on a very slanted portion and with cars whizzing by. | |
| Result: | The State dropped the DUI. | |
| Jun 10, 2025 | Case: 25-CT-000273 | Judge Rich |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glossy eyes, slow responses, and an unsteady balance. He performed poorly on the field sobriety tests such as HGN (eye test), walk and turn, and the one leg stand. 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. | |
| Jun 9, 2025 | Case: 25-CT-000311 | Judge Compton |
| Facts: | The defendant was found passed out behind the wheel at a green light, car in drive, and his foot on the brake. Officers noticed an odor of alcohol, water/glassy eyes, and slurred speech. After performing various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .117 and .104 in the breath machine. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2025 | Case: 25-CT-000414 | Judge Compton |
| Facts: | The defendant was seen by a witness swerving in traffic, slumped over the steering wheel, and not responding to efforts to be woken up. Officers got called and found the defendant sitting in her car. The defendant had an odor of alcohol, slurred speech, and very slow coordination. A box of wine was observed in the front seat. She exhibited various mood swings, staggered, swayed, and was very unsteady. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | After providing mitigation evidence to the State regarding the defendant and having negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 29, 2025 | Case: 25-CT-016123 | Judge T. Brown |
| Facts: | The defendant was found passed out at red light with his wife and kid in the car. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant performed the HGN (eye), finger to nose, and estimation of 30 seconds exercises. He performed the non-physical tests due to prior injuries. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest. | |
| Defense: | The officer never put the defendant in front of his dash cam. Noone could see the finger to nose, see his balance, or even hear him. After negotiations, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| May 29, 2025 | Case: 25-CT-106942 | Judge T. Brown |
| Facts: | The defendant was stopped for weaving. Officers observed an odor of alcohol, extreme slurred speech, poor motor skills, and unsteady movements. The defendant started to do the walk and turn and one leg stand exercises, but refused to finish each one. He was arrested for DUI and later blew a .218 and .204 in the breath machine. | |
| Defense: | After several conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 28, 2025 | Case: 24-CT-001928 | Judge Hamilton |
| Facts: | The defendant was stopped for speeding and weaving. He also nearly struck a golf cart. Officers noticed an odor of alcohol, slurred speech, and watery/glassy eyes. He was arrested for DUI after performing the HGN (eye test), walk and turn, and one leg stand exercises. He later blew a .131 and .127 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. | |
| May 27, 2025 | Case: 24-CT-021049 | Judge Gutman |
| Facts: | The defendant was driving over 90 mph when his tire blew out. He then was driving on a rim causing smoke and flames. Eventually, his entire car caught fire and blew up. Luckily, he had gotten out of the car. Officers arrived and noticed an odor of alcohol, slurred speech, and he was very unsteady on tape. He appeared to have trouble standing still and straight. The defendant admitted to drinking one beer then refused to perform any roadside tests. He was arrested for DUI and 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. | |
| May 27, 2025 | Case: 25-CT-000153 | Judge Gould |
| Facts: | The defendant was found passed out in his car at a red light. It took several bangs on the window to get him to wake up. Officers noticed an odor of alcohol, bloodshot eyes, and thick/slurred speech. He passed over his driver's license several times before finding it. He also staggered, swayed, and had a blank stare. He performed very poorly on the field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State about the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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