| Apr 14, 2021 | Case: 20-CT-051685 | Judge Garagozlo |
| Facts: | The defendant was found by police asleep behind the wheel of his car. He was slumped over the wheel. When they awoke him, they noticed an odor of alcohol, glassy eyes, and his movements were slow. After performing poorly on roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant was not in actual physical control as he had no capability to operate the vehicle while he was sleeping. | |
| 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
| Apr 14, 2021 | Case: 20-CT-012631 | Judge Conrad |
| Facts: | The defendant crashed his car off an embankment. When officers arrived, they observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. He made inconsistent statements and appeared confused. He admitted to drinking and performed poorly on roadside tests. He was arrested for DUI and later refused the breath test. | |
| Defense: | There were issues as to whether the State could prove that the defendant was in actual physical control because he was not behind the wheel when officers arrived on scene. | |
| Result: | The State dropped the DUI. | |
| Apr 14, 2021 | Case: 20-CT-048275 | Judge Garagozlo |
| Facts: | The defendant was stopped for driving with no headlights. Officers noticed the defendant to have an odor of alcohol, slurred speech, and he appeared clumsy. He was asked to perform roadside tests to which he refused. He was then arrested for DUI and later refused the breath test. | |
| Defense: | The defendant was never advised of any adverse consequences when he refused to perform field sobriety tests as required by law. | |
| Result: | The State dropped the DUI. | |
| Apr 14, 2021 | Case: 21-CT-010118 | Judge Garagozlo |
| Facts: | The defendant was stopped for failing to maintain a single lane. Once stopped, officers noticed an odor of alcohol, watery eyes, and a flushed face. He admitted to having drank two beers and he swayed. After performing field sobriety tests, he was arrested for DUI. He alter refused the breath test. | |
| Defense: | Issues were raised by the firm as to the lawfulness of the traffic stop based on the video and the reports. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2021 | Case: 5521-XEB | Judge Lawhorne |
| Facts: | The defendant backed into a car and fled the scene. Officers observed an odor of alcohol, slurred speech, and glassy eyes. He was unsteady, swayed, and staggered. After performing poorly on the roadside tests he was arrested for DUI. He later refused the breath test. He was also charged with leaving he scene of an accident. | |
| Defense: | During discovery, the defense learned that the officer used some type of hand held video camera. It was discovered that the video was destroyed. Prior to filing any motions to dismiss for destruction of evidence, the State Dropped the DUI and also the Leaving the Scene charge. | |
| Result: | The State dropped the DUI. | |
| Apr 13, 2021 | Case: AD0BYCE | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. Officers observed the defendant to have an odor of alcohol, bloodshot eyes, and he appeared lethargic. After performing roadside tests such as the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | There was a lack of probable cause to arrest the defendant based on the video tape and police report evidence. This was presented to the prosecutor. | |
| Result: | The State Dropped the defendant's Second DUI. | |
| Apr 12, 2021 | Case: 19-CT-002446 | Judge Bigney |
| Facts: | The defendant was found passed out in his car in a lane of travel. The officer parked his car in front of the defendant's car so it wouldn't move forward. Officers noticed the defendant to be nonresponsive to their questions, have an odor of alcohol, and have bloodshot eyes. He was then asked to perform roadside tests and he refused. He was then arrested for DUI and later refused the breath test. This was the defendant's Third DUI arrest. | |
| Defense: | Parks & Braxton got the defendant's refusal to perform roadside tests excluded because the officer did not advise him of any adverse consequences as required by law. We also pointed out to the Sate without that evidence of the refusal, there was a lack of probable cause to arrest him. | |
| Result: | The day before the trial, the State Dismissed the defendant's Third DUI. | |
| Apr 8, 2021 | Case: 20-CT-016446 | Judge Moses-Stephens |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, glassy eyes, and he had a blank stare. The defendant admitted to drinking alcohol and had a hard time listening. He performed poorly on roadside tests and was arrested for DUI. He later blew a .202 and a .199 in the breath machine. | |
| Defense: | The firm brought issues to the State's attention that arose from the discovery relating to the lawfulness of the traffic stop. | |
| Result: | The State dropped the DUI. | |
| Apr 6, 2021 | Case: 20-CT-007530 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and cutting off other cars. The officer noticed an odor of alcohol, bloodshot eyes, and rapid hand movements. The defendant was unable to stand still and follow simple directions. He then performed poorly on roadside tests and was arrested for DUI. | |
| Defense: | The defendant performed much better on the roadside tests on tape than as described in the reports. | |
| Result: | The State dropped the DUI. | |
| Apr 6, 2021 | Case: 20-CT-008658 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and almost striking a police car. The officer observed an odor of alcohol and the defendant admitted to having drank beer. He then performed various field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Based on odor of alcohol alone, there was no reasonable suspicion of a crime to even request the defendant to perform field sobriety tests. | |
| Result: | The State dropped the DUI. | |
| Apr 1, 2021 | Case: AE38AFE | Judge Lawhorne |
| Facts: | The police arrived to find the defendant sitting in the drivers seat in a parking space having just finished vomiting. A caller had alerted 911 to that fact. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot glassy eyes, and she swayed while she stood. According the officer she failed the field sobriety tests and was arrested for DUI. | |
| Defense: | The defendant performed much better than described in the reports so the firm pointed out to the prosecutor there was a lack of probable cause to arrest the defendant. | |
| Result: | The State dropped the DUI. | |
| Mar 31, 2021 | Case: 2020-104240-MMDL | Judge Kelly |
| Facts: | The defendant was the at fault driver in a sideswipe crash. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. Vodka was found in the defendant's car. She performed very poorly on the roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | Due to numerous inconsistencies between the video and the reports, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 31, 2021 | Case: 19-CT-000915 | Judge Hamilton |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, glassy eyes, and a flushed face. He then performed the walk and turn, one leg stand, and HGN (eye test) exercises. He was subsequently arrested for DUI and later refused the breath test. | |
| Defense: | The firm pointed out to the State that one officer got nystagmus on the HGN (eye test) and the officer did not. This was heard as they were talking on tape. As HGN is a strong indicator of alcohol being in one system, this inconsistency called their credibility into question. | |
| Result: | The State dropped the DUI. | |
| Mar 30, 2021 | Case: 20-CT-002205 | Judge Conrad |
| Facts: | Officers responded to call about a reckless driver and located the defendant. Officers observed an odor of alcohol, watery/glassy eyes, and a red face. He also had eyelid tremors and was unsteady on his feet. According to the officers, he failed the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | and was arrested for DUI.There was no corroboration of any driving pattern observed by the officers so the lawfulness of the traffic stop was called into question. In addition, there were contradictions with the police reports themselves as well as what took place on video tape. | |
| Result: | The State dropped the DUI. | |
| Mar 30, 2021 | Case: 20-CT-047339 | Judge Friedland |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, slurred speech, and a flushed face. His dexterity was clumsy, he exited the car slow, and appeared unsteady. After performing various field sobriety tests such and the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, slurred speech, and a flushed face. His dexterity was clumsy, he exited the car slow, and appeared unsteady. After performing various field sobriety tests such and the walk and turn and one leg stand, he was arrested for DUI. He later refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2021 | Case: 19-012366MU10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for improper backing. The officer observed an odor of alcohol, bloodshot eyes, and he stated that he had consumed two drinks. The officer also noticed the defendant to sway. He refused to perform any field sobriety tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | There were many conflicts between the video and the police reports. We pointed out that there was also a lack of probable cause to arrest the defendant. | |
| Result: | The State Dropped the Defendant's Second DUI. | |
| Mar 24, 2021 | Case: 19-CT-014406 | Judge Gutman |
| Facts: | The defendant was stopped for serving and driving too slowly on the highway. Upon being stopped, officers noticed the defendant had an odor of marijuana, bloodshot eyes, and his speech was low and slow. He then performed field sobriety tests and was arrested for DUI. He later gave a urine sample which revealed marijuana. | |
| Defense: | Based on the the defendant's video, the firm was able to show that there was a lack of probable cause to arrest the Defendant. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2021 | Case: 20-CT-OOO483 | Judge Horton |
| Facts: | Citizens called 911 stating that the defendant was driving all over the road and almost striking other cars. Officers then conducted a traffic stop. They observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. He was unsteady exiting the car and also while standing. After performing poorly on the roadside tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no video of the DUI investigation, only audio. Many observations alleged in the reports were contradicted by the audio of the investigation. | |
| Result: | The State dropped the DUI. | |
| Mar 19, 2021 | Case: 20-007055CF10A | Judge Usan |
| Facts: | The defendant was approached by police after he was observed revving his engine multiple times in a McDonalds's parking lot. When officers first approached, they noticed a large Vodka bottle in drivers side of the car and it was half filled. They noticed the defendant to have an odor of alcohol, red/bloodshot eyes, and he seemed confused as to his location. Once out of the car, he stumbled backwards and had to stabilize himself to keep from falling. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test. He was charged with Felony DUI as this was his Fifth (5th) DUI. | |
| Defense: | Parks & Braxton took pretrial depositions of all the officers at the scene. As each officer came in and gave sworn testimony, they all not only contradicted themselves upon our questioning, but also their police reports. The State then Dropped the defendant's Fifth (5th) DUI. | |
| Result: | The State dropped the DUI. | |
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