| Mar 25, 2022 | Case: 21-CT-052648 | Judge Peacock |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer noticed the defendant to have an odor of alcohol, watery eyes, and a flushed face. His movements were slow and he appeared to sway. After performing roadside tests, he was arrested for DUI. He later blew a .217 and a .217 in the breath machine. | |
| Defense: | After several conversations with the prosecutor, the State Dropped the 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
| Mar 25, 2022 | Case: 21-CT-050603 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank three beers. After performing various roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant performed the field sobriety tests much better on tape than as described. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2022 | Case: 21-CT-013582 | Judge T. Brown |
| Facts: | The defendant was the at fault driver in a rear end crash. The officer observed the defendant to have an odor of alcohol, slurred/thick tongued speech, and a flushed face. He also had red/bloodshot eyes, was lethargic, and had mood swings. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | The firm pointed out to the State that the entire DUI investigation took place while the defendant was seated in his car. Prior to arresting the defendant, the officer never placed him in front of his dash camera so one could see how he was standing, walking, or even acting. One couldn't even hear whether the defendant's speech was actually slurred or not. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Mar 22, 2022 | Case: 21-CT-502310 | Judge Swett |
| Facts: | The defendant was stopped for weaving six times from the middle lane into the right and left lanes of travel. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant struggled to unlock his glove compartment and also appeared unsteady outside the car. He then performed various roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant immediately told the officer that he was weaving because he needed an alignment. Also, the written report was highly exaggerated about the defendant's level of impairment as compared to the video tape. The firm announced ready for trial and the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2022 | Case: 21-CT-002506 | Judge D. Roberts |
| Facts: | A call went out about a reckless driver. Civilians called 911 stating that the defendant was all over the road. The civilians ended up stopping the defendant due to his erratic driving. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, slurred speech, and a dazed look. He struggled to exit the vehicle, used the car for balance, and he almost fell. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm raised issues that the stop by the civilians was unlawful due to an illegal citizen's arrest. | |
| Result: | The State dropped the DUI. | |
| Mar 21, 2022 | Case: 21-MM-003709 | Judge D. Roberts |
| Facts: | The defendant was stopped for driving with her high beams on. The officer noticed an odor of alcohol, slurred speech, and she stated she had one beer. The defendant performed the HGN (eye test) and refused to perform any other field sobriety tests. She was arrested for DUI and later refused the breath test. Marijuana was found and she was also charged with possession. | |
| Defense: | After several negotiations, we pointed out that on tape the defendant's speech was not slurred and she did not appear to be impaired. Thus, we pointed out that there was lack of probable cause to arrest her. The State Dropped the DUI and she also received no conviction in the possession charge. | |
| Result: | The State dropped the DUI. | |
| Mar 15, 2022 | Case: 21-CT-003395 | Judge Oster |
| Facts: | The defendant was stopped for speeding and failing to have her lights on. Once stopped, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed HGN (eye test), walk and turn, and one leg stand exercises. She was then arrested for DUI. She later refused the breath test. | |
| Defense: | The firm announced ready for trial. Prior to trial, we pointed out that on tape, her speech was not slurred at all. In addition, the video tape performance of her roadside tests clearly showed a lack of probable cause to arrest her. | |
| Result: | The DUI was dismissed. | |
| Mar 15, 2022 | Case: 21-CT-009500 | Judge Oster |
| Facts: | The defendant was stopped for weaving. Upon the stop of the defendant's car, the officer noticed an odor of alcohol, glassy eyes, and he admitted to having consumed one drink. After performing roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The facts and circumstances surrounding the traffic stop were vague and lacked specificity. Thus, we called into question the lawfulness of the traffic stop. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2022 | Case: 21-CT-018370 | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and he had mood swings. The defendant also exhibited a short attention span and was forgetful. The defendant only performed the HGN (eye tests) and walk and turn. He refused to perform all other tests and was arrested for DUI. He later blew a .246 in the breath machine but failed to provide second sample so they called it a refusal. | |
| Defense: | After several negotiations with the State about numerous issues in the discovery, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2022 | Case: AEBMBZE | Judge Komninos |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and dilated pupils. His speech was also slow, slurred, and mumbled. He performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and a .142 in the breath machine. | |
| Defense: | There were several inconsistencies in the discovery. After discussion with the prosecutor, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2022 | Case: AEBM3HE | Judge Komninos |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed an odor of alcohol, bloodshot/watery eyes, and depressed reflexes. He also had slow movements and dilated pupils. After performing roadside tests, he was arrested for DUI. He later blew a .109 and a .107 in the breath machine. | |
| Defense: | The defendant's performance on the field sobriety tests clearly showed that he may have been lower than the legal limit of .08 at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Mar 8, 2022 | Case: 21-CT-007779 | Judge Conrad |
| Facts: | The defendant was stopped for driving without headlights. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. There was the smell of spilled alcohol on the defendant's arm. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .201 and a .192 in the breath machine. | |
| Defense: | After several negotiations with the State and pointing out various contradictions between the reports and the video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2022 | Case: 21-CT-010707 | Judge Jeske |
| Facts: | The defendant's vehicle was observed with front end damage. The officer got out of his car and went up to the defendant's car. The defendant was surrounded in the driver's seat by airbags that had deployed. The officer, after cutting through the airbags, observed an odor of alcohol and bloodshot eyes. He admitted to having drank alcohol. After performing roadside tests, he was arrested for DUI. He later blew a .138 and a .133 in the breath machine. | |
| Defense: | Due to a lack of an accident investigation, the firm was able to convince the State to Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2022 | Case: 21-CT-003009 | Judge Jeske |
| Facts: | The defendant was stopped for having no taillights on. He was also weaving and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed roadside tests and was arrested for DUI. He later blew a .141 and a .138 in the breath machine. | |
| Defense: | After pointing out inconsistencies in the discovery, both in the reports and video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 1, 2022 | Case: 21-CT-011176 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and drifting back and forth. Officers observed an odor alcohol, glassy eyes, and slurred speech. The defendant then agreed to perform various field sobriety tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later refused the breath test. This was his Second DUI arrest. The firm beat his first DUI as well. | |
| Defense: | The firm pointed out that the defendant told the cop prior to the roadsides that he had head, back, and leg injuries, as well as metal plates in his ankles. These all stemmed from motorcycle accidents. The officer could have done alternative nonphysical exercises like the finger to nose, alphabet, or estimation of time, but chose not to. Instead, he had him do things he wasn't physically capable of doing. Thus, any impairment could have been due to his injuries as easily as alcohol. | |
| Result: | The State Dropped the DUI and the firm beat his Second case as well. | |
| Feb 22, 2022 | Case: 21-CT-502851 | Judge Gagliardi |
| Facts: | The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2022 | Case: A7638UE | Judge Cuervo |
| Facts: | The defendant was stopped for swerving. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests and was arrested for DUI. He later blew a .212 and a .203 in the breath machine. | |
| Defense: | Issues were raised by the firm about the lawfulness of the traffic stop. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2022 | Case: 21-CT-013649 | Judge Moses-Stephens |
| Facts: | The defendant crashed her car into bushes and ended up down an embankment and into a shallow pool of water. When officers arrived, they noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. She then performed poorly on roadside tests and was arrested for DUI. Blood was taken later at the hospital which revealed a blood alcohol result of .155. | |
| Defense: | Due to various medical and weight issues, the defendant had difficulty performing roadside tests. Thus, any impairment could have been due to those issues versus alcohol. | |
| Result: | The State dropped the DUI. | |
| Feb 16, 2022 | Case: AE62STE | Judge Komninos |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officers observed an odor of alcohol, bloodshot eyes, slow/slurred speech, and he swayed. He then performed various field sobriety tests and was arrested for DUI. | |
| Defense: | Prior to trial, we pointed out that on tape the defendant did not sway and his speech was normal. Also, there was a lack of probable cause to arrest him based on the evidence. | |
| Result: | The State dropped the DUI. | |
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