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Parks & Braxton, PA: Brevard DUI Lawyer

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ALSO SERVING VOLUSIA COUNTY (DAYTONA)
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321.593.0222
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Free Consultations
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OUR RECENT VICTORIES

Jan 7, 2026 Case: 25-CT-036369 Judge Ingram
Facts: The defendant was stopped for driving with inoperable taillights. Officers observed an odor of alcohol, the defendant fumbled with his documents, and he admitted to having drank a few beers. His dexterity was clumsy and he had a flushed face. Alcohol was also found in the car. The defendant performed the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: We pointed out to the State that none of his normal faculties were impaired. There was no driving pattern, his speech was normal, and on tape he was not clumsy. He walked normal and his field sobriety tests were much better on tape than as described in the police reports. The State Dropped his Second DUI.
Result: The State dropped the DUI.
Jan 6, 2026 Case: 25-CT-014768 Judge Scott
Facts: The defendant was stopped for weaving back and forth in his lane, riding the fog line, and making an improper U-turn by crossing over a double yellow line. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He also swayed, was unsteady, and had a red stain on his lips from red wine. The defendant performed the field sobriety tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .159 and .157 in the breath machine.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2026 Case: 25-CT-010909 Judge Scott
Facts: The defendant was stopped for speeding, weaving, and failing to stop at a red light. Officers observed an odor of alcohol, slurred speech, and he fumbled with his documents. His eyes were bloodshot/glassy and he had difficulty dividing his attention. Officers also found alcohol in the car. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: After negotiations with the prosecutor prior to trial regarding the video evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 6, 2026 Case: 25-CT-014704 Judge Scott
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and she denied drinking any alcohol. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant later blew a. 140 and .137 in the breath machine.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 5, 2026 Case: 25-CT-048578 Judge Garagozlo
Facts: The defendant was stopped for running a red light. Officers noticed an odor of alcohol, and she appeared confused and disoriented. She fumbled with her documents and there was also an open cardboard package containing alcohol in her passenger seat. The defendant could not formulate coherent sentences and was unable to focus. She performed very poorly on the field sobriety tests. Due to physical injuries, she performed a series of seated field sobriety tests such as the finger to nose, palm pat, hand coordination, and HGN (eye test). She was arrested for DUI and later blew a .156 and .151 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.
Jan 5, 2026 Case: 25-CT-047224 Judge Garagozlo
Facts: The defendant was stopped for weaving erratically between lanes, narrowly avoiding other cars, and running a red light. Officers noticed an odor of alcohol, constricted pupils, a sway, and he stumbled while exiting the car. The defendant performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later attempted to blow in the breath machine but could only provide one invalid sample of a .243 (also called a volume not met (VNM). Since he was not blowing properly, it was deemed a refusal.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 18, 2025 Case: 25-CT-037334 Judge Ingram
Facts: The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, glassy/red eyes, and slurred speech. He was also unsteady on his feet. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: When a defendant refuses field sobriety tests, the officer must provide adverse consequences. They must say something to the effect of "your refusal can be used against you in court," or "I am going to have to make an arrest decision based on what I see so far." If they do not provide the adverse consequence, otherwise known as Taylor Warnings, the refusal is excluded from evidence. Here, they did not give any. Also, in Florida, a breath test cannot be requested until after one is arrested for DUI. Florida does not have prearrest breath tests or handheld devices. Here, they asked for breath prior the arrest. In fact, on tape, you can hear one cop yelling to the other "don't ask for breath now." The State Dropped the DUI and he received no penalties other than court costs and a fine.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-037406 Judge T. Brown
Facts: The defendant was stopped for speeding and stopping past the stop bar in the crosswalk. Officers observed an odor of alcohol, he struggled to locate his documents, had glossy eyes and slurred speech. After performing the HGN (eye test), one leg stand, estimation of 30 seconds, the alphabet, and walk and turn exercises, he was arrested for DUI. He later blew a .130 and .121 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-042885 Judge T. Brown
Facts: The defendant was stopped for speeding and drifting all over the road. He was alleged to have driven in the bike lane, onto the grass, and nearly struck a sign. Officers noticed an odor of alcohol, glassy eyes, and his movements were clumsy. The defendant stated that he had consumed one drink. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-011469 Judge Taylor
Facts: The defendant was found passed out in his car, slumped over the wheel, and blocking a lane of travel on the interstate. EMS and officers observed an odor of alcohol. Officers also observed bloodshot eyes and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant later blew a .160 and .151 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-011207 Judge Taylor
Facts: The defendant was stopped after he was observed driving eastbound in the westbound lane. Officers noticed an odor of alcohol, slurred speech, and glassy/watery eyes. The defendant admitted to having consumed at least three beers. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-011335 Judge Taylor
Facts: The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, unsteady balance, and red eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a . 155 and .145 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-011598 Judge Taylor
Facts: The defendant was stopped for speeding and weaving back and forth. The officer stated that she had left her lane several times. Officers noticed an odor of alcohol, bloodshot eyes, a dazed/blank stare, and slurred speech. The defendant started to do the HGN (eye test), never finished, and was arrested for DUI. She later refused a breath test.
Defense: The officer alleged in his reports that the defendant refused to do any field sobriety tests. That was not true because on tape he never even asked her to do any field sobriety tests other than HGN (eye test). He got frustrated with her during the HGN (eye test) because she kept moving her head and just arrested her. Also on tape, she never left her lane several times. It was like once. We called into question the credibility of the officer. The State Dropped the DUI and she received no conviction and no penalties other than court costs.
Result: The State dropped the DUI.
Dec 17, 2025 Case: 25-CT-011448 Judge Taylor
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and he walked awkwardly. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 12, 2025 Case: 24-CF-001418 Judge Roby
Facts: The defendant ran a stop sign and undercover officers got behind him. They were driving in an unmarked police pickup truck. According to the officers, the defendant sped up and they immediately conducted a PIT (pursuit intervention technique) maneuver by ramming into the back of his car. According to the officers, he did not stop and they conducted another PIT maneuver by ramming his car again. The defendant was ordered out of the car at gunpoint and handcuffed. There were numerous officers on scene with dogs, guns, and shields. It should be noted that the defendant was coming home from dinner with his girlfriend in the car. Once cuffed, they placed him under arrest for Felony Fleeing and Eluding. Officers on scene also noticed an odor of alcohol. While at the police station, a DUI officer was called. That officer alleged that the defendant also had slurred speech and bloodshot eyes. The defendant refused to do any field sobriety tests and they put a DUI charge on him as well. He later refused breath test. This was the defendant's Second DUI.
Defense: The two officers that stopped the defendant had body worn cameras. From the time they turned on their siren, it was no more than ten seconds, if that, that they were ramming his car doing a PIT maneuver. They didn't even give him a chance to stop. Also on tape, you can see the defendant actually slowing down and not speeding up. Furthermore, they never rammed his car a second time (that was a lie). The firm took pretrial testimony of the officers as well. On tape, his speech was not slurred at all. In fact, he spoke clearly and was pissed because they destroyed his car for no reason. During pretrial talks with the prosecutor, we gave him the pretrial testimony of the officers and we pointed out that this was over zealous undercover drug cops jumping the gun and doing PIT maneuvers too fast. The defendant was not trying to flee and elude. He was coming home from dinner. There was no reason for him to evade the police after simply running a stop sign. They never even gave him a chance to stop on his own . We also pointed out that there was not enough evidence for a DUI charge. Three days before trial, the State not only Dropped the Second DUI, but also reduced the Felony Fleeing and Eluding to a misdemeanor.
Result: The State dropped the DUI.
Dec 11, 2025 Case: 25-CT-009943 Judge Scott
Facts: The defendant was found driving his golf cart with his dog in a preserve park after hours. Officers noticed an odor of alcohol, bloodshot eyes, and thick/slurred speech. The defendant stated that he had consumed 5 or 6 drinks. The defendant only performed the HGN (the eye test). He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: On tape, the defendant wasn't even asked to do any other field sobriety tests. It was unknown why not as the officers kept turning their body worn cameras off and on. After negotiations with the State, short of the trial date, the State Dropped his Second DUI.
Result: The State dropped the DUI.
Dec 10, 2025 Case: 25-CT-012278 Judge Valkenburg
Facts: The defendant was stopped for driving the wrong way into incoming traffic. The officer noticed an odor of alcohol, slurred speech, watery-eyes, and slow/lethargic movements. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 9, 2025 Case: 25-CT-001756 Judge Hitzemann
Facts: A 7-11 employe called the police stating that the defendant was doing weird things in the store like sweeping the floor, stumbling, had been there for a few hours, and slurring his words. When officers arrived, they saw the defendant's truck improperly parked and him sitting in the driver's seat. They noticed an odor of alcohol, slurred speech, poor balance, and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The defendant told the cops the truck was inoperable and that is why he was there for a few hours waiting on someone to pick him up. Officers had no idea if he drank before driving or while he was there. After his arrest, we could see the tow truck driver on video not being able to start the truck and then having to push it. We spoke to the prosecutor and explained that the truck was inoperable and they could not prove that he became intoxicated after it became inoperable. Under Florida law, the defense of inoperability can only be used if one became intoxicated after the car became inoperable. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Dec 9, 2025 Case: 25-CT-001627 Judge Hitzemann
Facts: The sheriff's office received a call that a female had been kidnapped. It was the defendant's girlfriend who made the call. Officer's located the defendant's truck and conducted a felony traffic stop. The defendant was ordered out of his truck at gun point, taken to the ground, and handcuffed. Officers then observed an odor of alcohol and slurred speech. Officers found wine and whiskey in the truck. It was later determined that she had not been kidnapped and made a false allegation. The defendant was arrested for DUI and later refused a breath test.
Defense: The firm had discussions with the State. We pointed out to the prosecutor that the only reason the cops put a DUI on him was because there was no kidnapping. They already had taken him down at gunpoint and did not even offer him field sobriety tests.
Result: The State dropped the DUI.
Dec 9, 2025 Case: 25-CT-009778 Judge Allen
Facts: The defendant was stopped for speeding. Officers noticed a fresh odor of marijuana emanating from the defendant and bloodshot eyes The defendant admitted to being impaired on tape. Believing he was impaired by marijuana, the defendant then performed poorly on the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a urine test.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.

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