| Jun 28, 2021 | Case: 21-CT-500378 | Judge Gagliardi |
| Facts: | The defendant was stopped for speeding and running a stop sign. The officer observed an odor of alcohol, bloodshot/watery eyes, and flushed skin. He had slurred speech, swayed, and had trouble locating his documents. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Based on the video tape evidence, the firm pointed out that there was lack of probable cause to arrest the defendant. The State agreed and 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
| Jun 23, 2021 | Case: 21-CT-013370 | Judge Brown |
| Facts: | The defendant was stopped for weaving within the lane and following too closely. The officer noticed an odor of alcohol and she had an orbital sway, slurred speech, and appeared unsteady. After performing field sobriety tests, she was arrested for DUI. She later blew a. 229 and a .222 in the breath machine. | |
| Defense: | Issues were raised by the firm as to whether the breath test was lawfully obtained. Just because you provide a breath test, doesn't mean it is always admissible into evidence. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2021 | Case: 21-CT-002059 | Judge Conrad |
| Facts: | The defendant was stopped for weaving and driving erratically. Officers noticed an odor of alcohol, slurred speech, and she admitted that she had consumed about 3 drinks. She then performed the walk and turn, one leg stand, and HGN (eye test) exercises. She was then arrested for DUI and later blew a .142 and a .141 in the breath machine. | |
| Defense: | Issues were raised by the firm as to the lawfulness of the traffic stop as well as probable cause to arrest. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2021 | Case: 21-CT-000470 | Judge Poblick |
| Facts: | The defendant was stopped for tailgating. The officer noticed an odor of alcohol, he admitted to having drank beer, and had glassy/watery eyes. He also had slurred speech, appeared unsteady, and used the truck for balance. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Many of the observations written by the officer were contradicted by the video. For example, the defendant's speech did not appear slurred and he did not appear unsteady on tape. | |
| Result: | The State Dropped the DUI. | |
| Jun 18, 2021 | Case: 21 CT 500228 | Judge George |
| Facts: | The defendant was found passed out in his car in a parking space on the side of a 7-11 building. Someone had called 911 concerned that he had been parked there for over an hour. When police arrived, they got him to wake up and noticed an odor of alcohol, slurred speech, and red eyes. The defendant stated that he had been at a friend's house and stopped because he was tired. After performing various roadside tasks, he was arrested for DUI. He later blew a .106 and a .105 in the breath machine. | |
| Defense: | The State could not prove that the defendant was in actual physical control of the vehicle as he had no "capability" to operate it while asleep in a parking space. | |
| Result: | The State dropped the DUI. | |
| Jun 17, 2021 | Case: ACBMTRE | Judge Lawhorne |
| Facts: | The defendant was the at fault driver in a rear end crash. When officers arrived, the defendant had no odor of alcohol, but they observed watery/bloodshot eyes, unsteadiness on her feet, she appeared sleepy, and had mood swings. Believing she may impaired by drugs, she was requested to perform field sobriety tests. She was then arrested for DUI. She later provided a urine sample which came back from the FDLE lab positive for amphetamines and marijuana. | |
| Defense: | The State could not prove that she was under the influence of the two drugs at the time of the crash. Marijuana can be in your system for up to 30 days. The officer did not smell any pot, nor find any. She is also prescribed the amphetamine. Also, on tape, prior to even beginning the roadside tests, the officer was having her car towed. The defendant can even be heard asking why are you towing my car. This proved that the officer had his mind made up to arrest her from the very beginning. | |
| Result: | The State Dropped the DUI to a Civil Careless driving infraction. | |
| Jun 9, 2021 | Case: 21-CT-011628 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding and weaving. The officer noticed the defendant to have an odor of alcohol, a fixed gaze, and glossy eyes. She seemed confused, had slow speech, and stated she had just consumed alcohol. After performing field sobriety tests, she was arrested for DUI. She later blew a .211 and a .210 in the breath machine. | |
| Defense: | After the firm raised various legal issue within the case based on the discovery, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 18-000620CF10A | Judge Kollra |
| Facts: | The defendant crashed into a bicyclist in a residential neighborhood driving approximately 90 mph. The bicyclist subsequently died and the defendant was charged with vehicular homicide. A video which was located two blocks from the crash estimated the defendant's speed between 84mph and 99mph. The black box in the vehicle revealed a speed of 88mph. A civilian witness observed the defendant behind the wheel and corroborated the speed. | |
| Defense: | The State Attorney listed approximately 50 witnesses. Most important to the case was the traffic homicide investigator. After five (5) hours of cross-examination, the homicide investigator acknowledged the following. First, there was a box truck making a left turn that was discovered near the location of the crash which could have concealed the victim's bicycle just prior to the crash. There was a set of headphones that were located close to the victim's body which could have impaired the defendant's attention on the road. A toxicology report indicated both alcohol and cocaine in the victim's blood which could have impaired his ability to safely operate the bicycle. In addition, the officer recognized that many of the details that the independent civilian witness testified to were incorrect. The prosecutor acknowledged the weaknesses that were created by the defense. The vehicular homicide was amended to a reckless driving with injury. | |
| Result: | The defendant was not convicted of any crime. | |
| Jun 9, 2021 | Case: 21-CT-012267 | Judge Jacobus |
| Facts: | The defendant was pulled over for driving with no headlights. Officers observed an odor of alcohol, bloodshot eyes and he stated he had drank two beers. He also had mumbling speech and swayed while he stood. He then performed the HGN (eye tests), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew. a .172 and a .167 in the breath machine. | |
| Defense: | Due to contradictions in the reports and video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 21-CT-000355 | Judge Christine |
| Facts: | The defendant was stopped after a caller dialed 911 saying that the defendant was driving all over the road and speeding. The caller was actually an off duty officer. When officers stopped the defendant, they noticed an odor of alcohol. glassy eyes, and thick tongued speech. She stumbled and was very unsteady. The defendant refused roadside tests and was arrested for DUI. She later refused the breath test. This was the defendant's Second DUI arrest. | |
| Defense: | Since there was no DUI video, the firm put forth that there was a lack of evidence and also that the police reports were vaguely written. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 18-014784CF10A | Judge Coleman |
| Facts: | The defendant was the at fault driver in a traffic crash. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank 3-4 beers and had trouble standing erect. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's 4th DUI and he was charged with felony DUI. | |
| Defense: | Parks & Braxton filed multiple motions to suppress evidence in the case. The firm also took depositions of the witnesses. The civilian witness involved in the crash contradicted almost every portion of the officer's testimony. Thus, there were credibility issues. | |
| Result: | The State Dropped the Felony DUI. | |
| Jun 9, 2021 | Case: 21-CT-012467 | Judge Peacock |
| Facts: | The police were called because the defendant was traveling the wrong way and swerving. When officers found the defendant, he was outside his car. They observed an odor of alcohol, slurred speech and he admitted to having consumed 6 drinks. After performing field sobriety tests, he was arrested for DUI. He later blew a .208 and a .199 in the breath machine. | |
| Defense: | When there is no crash, under Florida Statute 901.15, the police are required to observe the defendant behind the wheel. If they do not, the arrest is unlawful and the breath test would have been excluded. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2021 | Case: 21-CT-012463 | Judge Peacock |
| Facts: | The defendant was stopped for weaving. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant denied drinking. After performing poorly on roadside tests, he was arrested for DUI. He later blew a .152 and a .145 in the breath machine. | |
| Defense: | The firm raised issues as to the lawfullness of the traffic stop. | |
| Result: | The State dropped the DUI. | |
| Jun 8, 2021 | Case: 19-008124MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was stopped for the traffic violation of not wearing a seatbelt. They observed an odor of alcohol and watery eyes. The defendant admitted to having drank 2 beers. He performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and a .116 in the breath machine. | |
| Defense: | Parks & Braxton filed a pre trial motion to suppress the breath test. In our motion, we alleged that the defendant was improperly coerced into taking a breath test by the police because they gave him misinformation. The State subsequently Dropped the DUI after the motion hearing. | |
| Result: | The State dropped the DUI. | |
| Jun 8, 2021 | Case: 21-CT-001868 | Judge Farr |
| Facts: | The defendant was stopped for driving southbound in the northbound lane of travel. The officer noticed the defendant to have an odor of alcohol, slurred speech, and red eyes. She was slow and lethargic, admitted to having drank beer, and appeared unsteady. After performing various field sobriety tests, she was arrested for DUI. She later blew a .180 and a .162 in the breath machine. | |
| Defense: | Due to some conflicts within the discovery, the firm was able to convince the State that there were credibility issues. | |
| Result: | The State dropped the DUI. | |
| Jun 7, 2021 | Case: 19-025152MU10A | Judge Lerner-Wren |
| Facts: | The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car. | |
| Result: | The State dropped the DUI. | |
| Jun 7, 2021 | Case: 20-CT-003097 | Judge Sestak |
| Facts: | The defendant ran off the road and crashed his car in some trees. When officers arrived, they noticed an odor of alcohol, bloodshot/watery eyes, and a flushed face. He had mumbled speech, appeared sleepy and lethargic, and had to lean on the vehicle for balance. He refused to perform all roadsides and was arrested for DUI. He later refused the breath test. | |
| Defense: | The firm put forth that there was an actual physical control issue as it was unknown where the keys were located to the vehicle. Also, many observations that the officer wrote in his reports were contradicted by the video tape. Furthermore, the officer did not advise the defendant of any adverse consequences when he refused the roadside tests as required by law. | |
| Result: | The State dropped the DUI. | |
| Jun 4, 2021 | Case: ADW4CWE | Judge Szematowicz |
| Facts: | Police were called about intoxicated males having a a brawl. The defendant was in the drivers seat of a truck when officers arrived on scene. They observed the defendant to have an odor of alcohol and slurred speech. The defendant's eyes were droopy and red, he had difficulty following instructions, and he had numerous behavioral changes. He performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The call was not specific as to which males were actually fighting. Thus, the firm put forth that ordering the defendant out of the truck without reasonable suspicion of a crime was unlawful. | |
| Result: | The State dropped the DUI. | |
| Jun 3, 2021 | Case: 21-CT-000886 | Judge Gutman |
| Facts: | The defendant was stopped for weaving, almost striking concrete curbs, and driving on lane markers. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank vodka/Red Bulls. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later blew. a .095 and a .095 in the breath machine. | |
| Defense: | There is a .02 margin of error in the breath machine. Thus, the firm was able to put the defendant's breath alcohol results under the legal limit. | |
| Result: | The State dropped the DUI. | |
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