| Jul 20, 2020 | Case: 19-CT-504466 | Judge Gagliardi |
| Facts: | The defendant was the at fault driver in a rear end crash. The defendant allegedly drove at a high rate rate of speed over a bridge and struck another car. The officers observed the defendant to have an odor of alcohol, dilated pupils, and bloodshot/watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. He later refused the breath tests. | |
| Defense: | The impairment observed on the roadside tests, such as the walk an turn and one leg stand, could have as easily been attributed to the defendant being hit in the face by the airbags which caused him to be very unsteady, versus impairment by alcohol. | |
| 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
| Jul 1, 2020 | Case: 19-CT-001340 | Judge Burns |
| Facts: | The defendant was stopped for weaving. He was crossing over the lane markers numerous times and driving on the grassy shoulder. The officer conducted a traffic stop believing that he may be an impaired driver. The officer observed an odor of alcohol, watery eyes, and he swayed. He refused to do roadsides and was arrested for DUI. He later refused the breath test. | |
| Defense: | Parks and Braxton filed a motion to exclude any evidence that the defendant refused field sobriety tests. Under Florida case law, a defendant must be given adverse consequences by the officer if he refuses roadside tests, before the refusal can be admissible in court. Here, the officer did not give any. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 26, 2020 | Case: AALGCJE | Judge Bedinghaus |
| Facts: | The defendant was stopped for driving without his headlights. The officer noticed an odor of alcohol, glassy eyes, and mumbling speech. The defendant also had fumbled dexterity and the front of his pants were wet. After performing field sobriety tests, he was arrested for DUI. He later refused the breath test. | |
| Defense: | The defendant performed much better on the roadsides on videotape than as described by the officer in his reports. His speech was also clear and he did not appear to be off balance in regards to his dexterity. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 26, 2020 | Case: AB7HF3E | Judge Bedinghaus |
| Facts: | The defendant was stopped for having inoperable taillights. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated he had drank beer. According to the officer, he failed the roadside tests and was arrested for DUI. He later blew a .084 and a .081 in the breath machine. | |
| Defense: | The firm was able to point out to the State that the defendant's breath alcohol level was under the legal limit at the time of driving through the theory of retrograde extrapolation. In other words, going back in time. Under Florida law, for one to be guilty of DUI, one has to have an unlawful breath alcohol level "at the time of driving." | |
| Result: | The State dropped the DUI. | |
| Jun 26, 2020 | Case: AB6TC6E | Judge Bedinghaus |
| Facts: | The defendant was stopped for allegedly cutting off a motorcycle. The officer noticed an odor of alcohol, watery/glassy eyes, and mumbled speech. He was also unsteady and admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and finger to nose tests, he was arrested for DUI. Believing he may have also been impaired by a controlled substance, the officer requested urine in which the defendant tested positive for marijuana. | |
| Defense: | Prior to trial the firm was able to show the State that the defendant had knee injuries which affected his performance on the roadsides. In addition, the State could not prove that he was impaired by marijuana as no DRE (drug recognition officer) evaluated the defendant and marijuana stays in one's system for 30 days. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 22, 2020 | Case: 19-CT-056664 | Judge Babb |
| Facts: | The defendant was stopped for an inoperable tag light. The officer noticed an odor of alcohol, red/glassy eyes, and she admitted to having consumed a couple of drinks. The defendant had clumsy dexterity and mumbled speech. After performing field sobriety tests, she was arrested for DUI. She later blew a .184 and a .172 in the breath machine. | |
| Defense: | Many of the officer's observations, prior to and during the roadside tests, were contradicted by the video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 11, 2020 | Case: AALGFFE | Judge Berlin |
| Facts: | The defendant was found passed out in his car in a construction site after a call went out about a suspicious vehicle. Upon awakening the defendant, the officers observed an odor of alcohol, bloodshot/watery eyes, and dilated pupils. The defendant was unsteady exiting his car and swayed while he stood. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | The video of the roadsides and the defendant's entire demeanor contradicted the officer's reports as to the level impairment. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 2, 2020 | Case: 20-CT-500329 | Judge Swett |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, thick tongued speech, and bloodshot/watery eyes. She also had a flushed face. After performing field sobriety tests, she was arrested for DUI. The officer also called in a DRE (drug recognition expert) because he had a belief she was also impaired by a controlled substance in addition to alcohol. She then submitted to the DRE exam at the BAT facility. | |
| Defense: | After the officer's DRE exam, the DRE officer concluded that she was impaired by controlled substances. The firm was able to show through further discovery that his conclusion was wrong. The State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Mar 10, 2020 | Case: 2019-CT-012318 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and cutting off another car. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. She later refused the breath test. The defendant also had a suspended license. | |
| Defense: | Per the NHTSA manual on roadside tests, officers should use caution administering the walk and turn and one leg stand to people who may be severely overweight. On video, it was clear the defendant was having trouble performing the physical exercises due to weight issues. The State Dropped the DUI and also the suspended license charge. | |
| Result: | The State dropped the DUI. | |
| Mar 10, 2020 | Case: 19-CT-016734 | Judge Conrad |
| Facts: | The defendant was stopped for weaving and almost hitting a police car. The officer observed an odor of alcohol, slurred speech, and watery eyes. He then performed the field sobriety tests, such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused the breath test. | |
| Defense: | The officer made the defendant look like a very impaired person on his field sobriety test reports. This was contradicted by the video tape. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2020 | Case: 2019-CT-048644 | Judge Jacobus |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and he swayed while he stood. He appeared unsteady and moved slowly. After performing very poorly on the roadside tests, he was arrested for DUI. He later blew a .217 and a .212 in the breath machine. | |
| Defense: | The firm raised issues as to the lawfulness of the traffic stop. The State Dropped the DUI. | |
| Result: | The State Dropped the DUI. | |
| Mar 9, 2020 | Case: 2019-CT-051738 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and a flushed face. He also had slurred speech and a drowsy expression. He then performed roadside tests and was arrested for DUI. He later blew a .083 in the breath machine. | |
| Defense: | Due to the margins of error in the breath machine, the firm was able to bring the defendant's breath alcohol under the .08 legal limit. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 9, 2020 | Case: 2019-CT-029266 | Judge Jacobus |
| Facts: | The defendant was pulled over for weaving. The officer observed an odor of alcohol, watery eyes, a flushed face, and slow movements. He then refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The officer did not advise the defendant of any adverse consequences, as required by law, when he refused the roadside tests. Thus, the defendant's refusal would have been suppressed. The State dropped the Second DUI to a civil infraction. | |
| Result: | The State dropped the DUI. | |
| Mar 5, 2020 | Case: 19-CT-013977 | Judge Farr |
| Facts: | The defendant was stopped for weaving and braking erratically. The defendant had an odor of alcohol, bloodshot eyes, and he he swayed while he stood. The defendant only agreed to perform HGN (eye test) and then refused further testing. He was arrested for DUI and later refused the breath test. | |
| Defense: | Under Florida law, an officer must explain that there are adverse consequences if you refuse to perform field sobriety tests. Here, the officer did not, so the refusal would have been excluded from evidence. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 4, 2020 | Case: 19-CT-017527 | Judge Myers |
| Facts: | The defendant was stopped for following another car too closely and speeding. The officer noticed an odor of alcohol, slurred speech, and unstable balance. The defendant performed poorly on roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Prior to trial, the firm pointed out to the State that the the defendant had medical issues, yet the officer still had him do the one leg stand versus non physical exercises. Also, many observations were contradicted by the video as the defendant's speech was not slurred and he was not off balance. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 4, 2020 | Case: 19-CT-009766 | Judge Jeske |
| Facts: | The defendant was the at fault driver in a rear end traffic crash. There was no odor of alcohol, however, the officer observed the defendant to have pinpoint pupils, slow/slurred speech, and he was falling asleep mid-sentence. He also had a very difficult time focusing. After failing roadside tests, he was arrested for DUI. He later provided a urine sample which tested tested positive at FDLE for various controlled substances. This was the defendant's Second DUI. | |
| Defense: | Although the officer stated in his reports that the defendant was falling asleep, that was contradicted by the video where he seemed alert and awake. Also, the officer should have called for a DUI officer who specializes in detecting impairment by specific categories of drugs, called a DRE (drug recognition officer). That was not done. The State dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 3, 2020 | Case: 19-CT-021367 | Judge Friedland |
| Facts: | The defendant was the at fault driver in a crash. He made a wide turn and hit someone head on. The officer observed the defendant to have an odor of alcohol, thick tongued speech, and glassy eyes. He swayed and was very unsteady. After performing the roadside tests, he was arrested for DUI. He later blew a .107 a and .106 in the breath machine. | |
| Defense: | The video evidence contradicted a large majority of what as written in the reports. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 3, 2020 | Case: 19-CT-045707 | Judge Friedland |
| Facts: | A concerned citizen called police after observing the defendant chugging beers in a Publix parking lot and then drive off. Police then stopped the vehicle. The officer observed an odor of alcohol, bloodshot eyes, and he admitted to having drank 3 beers. He also had slurred speech and his dexterity was clumsy. He performed poorly on the roadside tests and was arrested for DUI. The officer asked for a blood test. The defendant agreed and the FDLE report later indicated a blood alcohol level .186 and .185. | |
| Defense: | If an officer asks for a voluntary blood test outside of a hospital, the defendant must be informed that it is an alternative to a breath or urine test. Here, the officer did not inform the defendant of that. It was also unclear why the officer was even asking for blood versus taking him to jail to provide a breath test. Thus, the blood would have been suppressed from evidence. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 2, 2020 | Case: 2019-MM-003600 | Judge D. Roberts |
| Facts: | The defendant was at the wheel of her Boat when she was ordered by Florida Fish and Wildlife police come to the dock, as she was violating a restricted speed zone. The officer noticed an odor of alcohol and bloodshot eyes. The defendant stated she had consumed two drinks. She then performed roadside tests on the officer's boat. She was then arrested for Boating Under the Influence. The defendant refused the breath test after her arrest. | |
| Defense: | Bloodshot eyes can also have come from being on the water and in the sun, not just alcohol. Based on odor and bloodshot eyes, there was no reasonable suspicion of a crime (i.e. no impairment) to even request field sobriety tests to begin with. Also, when the officer did the eye test (HGN), he got an angle of onset in her eyes prior to 45 degrees. This meant that the defendant may been under the legal limit at the time of driving the boat. This is based on a theory called Tharp's Formula. The State dropped the BUI and the defendant received no conviction on her record. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2020 | Case: 19-CT-503983 | Judge Paluck |
| Facts: | The defendant was found passed out and unresponsive. EMS was called and they got the defendant to regain consciousness. They then brought him into the ambulance for treatment. Police arrived on scene and noticed the defendant to have an odor of alcohol, mumbled speech, and glassy eyes. He seemed confused, clumsy, and was falling asleep. He performed poorly on the field sobriety tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | Under Florida Statute 901.15, an officer must observed all elements off a misdemeanor crime, such as a DUI. In a DUI, the officer must see the defendant behind the wheel when there is no crash. Here, no officer observed the defendant behind the wheel as he was coming out of the ambulance when police arrived. Thus, the arrest was unlawful pursuant to the above mentioned statue. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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