| Aug 17, 2018 | Case: 2018-CT-006683 | Judge Eissey |
| Facts: | The defendant was stopped after she drove off the roadways and almost struck several parked cars. The officer observed an odor of alcohol, slurred speech, and she was unsteady on her feet. After performing the field sobriety tests, she was arrested for DUI. After her arrest, she blew a .172 and a .167 in the breath machine. | |
| Defense: | After a review of all the discovery and video tape, it became apparent that the defendant only swerved briefly and didn't come close to any parked cars. Thus, the stop may have been unlawful. | |
| 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
| Aug 17, 2018 | Case: 2018-CT-002187 | Judge Eissey |
| Facts: | Officers received a call about a reckless driver. The officer spotted the vehicle in question, which was driven by the defendant, and observed him swerving all over the road. The officer observed an odor of alcohol, bloodshot eyes, and an orbital sway. The defendant would stare into space and had to be asked the same question multiple times. He performed poorly on field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | The defendant told the officer he had many injuries which would prevent him from performing the walk and turn and one leg stand tests. However, the officer still had him perform them on the side of the highway very close to traffic. It was obvious from the tape, that his poor performance was due to the conditions on the highway and his injuries. | |
| Result: | The State dropped the DUI. | |
| Aug 16, 2018 | Case: A2FJKXP | Judge Murray |
| Facts: | The defendant was stopped for speeding through a police checkpoint. Officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew. a .150 and a .143 in the breath machine. | |
| Defense: | The defendant's performance on the roadside tests, which were captured on a body worn camera, clearly showed the defendant was under the legal limit at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Aug 15, 2018 | Case: 2018-CT-006865 | Judge Mcneil |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, fumbling fingers, and watery eyes. After performing the field sobriety tests on video tape, he was arrested for DUI. He subsequently refused the breath test. | |
| Defense: | The video contradicted the officer's reports as to the defendant's speech and his performance on the field sobriety tests. | |
| Result: | The state dropped the DUI. | |
| Aug 14, 2018 | Case: 2018-CT-010317 | Judge Lefler |
| Facts: | The defendant was stopped for having a tail light that was out. The officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to drinking beer and then performed the field sobriety tests. He was then arrested for DUI. | |
| Defense: | The officer had no video camera. His reports did not list any specifics of the defendant's performance on the field sobriety tests. In addition, the officer actually believed the defendant may have been impaired by a chemical and/or controlled substance with no facts to back up his conclusion. | |
| Result: | The DUI was dismissed. | |
| Aug 14, 2018 | Case: 2018-CT-001077 | Judge K. Roberts |
| Facts: | Police were called out to a Publix shopping center in regards to an intoxicated individual passed out in his car. When police arrived, they were confronted by the two civilians who contacted them. They pointed him out and told the cops he was very intoxicated and that he had just thrown a bottle of alcohol away. The defendant, who was standing across the street, walked over to the officers. They observed him to have an odor of alcohol, slurred speech, bloodshot eyes, and he was very unsteady. He then performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .118 and .107 in the breath machine. This was the defendant's Second DUI arrest. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress. The basis of our motion was that the arrest was unlawful pursuant Florida Statute 901.15. Since no officer observed the defendant driving or in actual physical control, the fellow officer rule did not apply, even though civilians saw the defendant behind the wheel. The State read the motion and before the hearing date, the DUI was Dismissed. It should be noted that the firm beat the Defendant's last DUI too. | |
| Result: | The DUI was dismissed. | |
| Aug 10, 2018 | Case: 2018-CT-003521 | Judge Cunningham |
| Facts: | The defendant drove off the road and crashed into a palm tree, a pole, and some cars. When officers arrived, the defendant had been already transported to the hospital. Upon contact at the hospital, the officer observed the defendant to have an odor of alcohol, bloodshot eyes, and slurred speech. Her movements were lethargic, deliberate, and she had difficulty following directions. The defendant performed the HGN (eyes test) at the hospital and subsequently was arrested for DUI. Prior to her arrest, she refused a blood sample. | |
| Defense: | The defendant had suffered injuries in the crash. All the alleged signs of impairment were as equally as consistent with the traffic crash vs. alcohol. | |
| Result: | The State dropped the DUI. | |
| Aug 10, 2018 | Case: 2018-CT-003947 | Judge Panse |
| Facts: | The defendant was stopped for swerving and striking a curb. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant appeared nervous and admitted to consuming beer. He performed poorly on roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | The driving pattern was only vaguely described and not captured on tape. Thus, were wasn't enough reasonable suspicion of a crime to justify the lawfulness of the traffic stop. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 10, 2018 | Case: 2018-CF-001530 | Judge D. Weiss |
| Facts: | An officer observed the defendant swerving and almost striking other vehicles. The officer attempted to initiate a traffic stop, but the defendant did not pull over. The officer then activated his sirens and air horns, along with his lights. He followed the defendant for over 4 miles until the pursuit was called off for safety reasons. The defendant was found in his parking garage shortly after that by other units after his tag had been called in. Officers observed the defendant to have an odor of alcohol, slurred speech, and he admitted to having consumed martinis. He performed very poorly on the roadside tests. He was arrested not only for DUI, but Felony Fleeing and Eluding as well. | |
| Defense: | The firm took a pretrial deposition of the arresting officer. During our questioning, we were able to establish that the defendant did not speed up or attempt to take any evasive actions. The defendant is elderly and it was apparent he was simply oblivious to the police car. The officer also could not remember many specifics of the field sobriety tests. After the deposition, the State agreed to Drop the felony fleeing and eluding to a misdemeanor and also Drop the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 10, 2018 | Case: 2018-CT-022952 | Judge Harper |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, red/droopy eyes, and a flushed face. The defendant swayed as she stood and stumbled. She performed poorly on roadside tests and was arrested for DUI. After her arrest, she blew a .187 and .184 in the breath machine. | |
| Defense: | During the breath test, there were errors which called the reliability of the results into question. | |
| Result: | The State dropped the DUI. | |
| Aug 8, 2018 | Case: 2018-CT-008250 | Judge Arias |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face and was uneasy on his feet. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he refused the breath test. | |
| Defense: | The officer's reports were vaguely written as to any specifics of the field sobriety tests. Since there was no video tape, it was difficult to discern how the defendant actually performed on the roadside tests. The State Dropped the DUI and he received No criminal conviction on his record. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2018 | Case: 2018-CT-002344 | Judge Conrad |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, bloodshot eyes, and he admitted to drinking beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .132 and a .128 in the breath machine. | |
| Defense: | During the HGN (eye test), the officer did not observe an angle of onset prior to 45 degrees in the defendant's eyes. Under Tharpe's formula, this would indicate his breath alcohol level was under the legal limit at the time of driving. | |
| Result: | The State dropped the DUI. | |
| Aug 2, 2018 | Case: 17-022764MU10A | Judge Capenter-Toye |
| Facts: | The defendant was seen weaving all over the highway with smoke coming from the vehicle. After the officer turned on his lights and siren the weaving continued for an additional mile. After the defendant was stopped the officer called for a DUI task force member to conduct an investigation. The officer stated that the defendant failed the roadside tests and subsequently arrested the driver for DUI. This was the defendant's second offense for DUI. | |
| Defense: | Parks and Braxton filed several motions to suppress. First, the firm filed a motion to exclude the field sobriety tests based on a lack of reasonable suspicion. Next, the firm filed a motion to suppress the refusal to submit to a breath test based on a lack of probable cause to believe the defendant was under the influence of an alcoholic beverage. Finally, the firm filed a motion for statement of particulars requiring the state to name what substance the defendant was impaired by. Prior to the motions, the firm took sworn testimony from the officers in order to set up the motions. The state ultimately conceded the motion and the charges were dropped. | |
| Result: | The State dropped the DUI. | |
| Aug 1, 2018 | Case: 2017-CT-006250 | Judge Shoemaker |
| Facts: | The defendant was stopped for speeding and driving aggressively in an unsafe manner. The officer observed the defendant to have an odor of alcohol, slurred speech, and he admitted to having drank beers. The defendant performed poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .186 and a .184 in the breath machine. | |
| Defense: | On video, there was no sound. Thus, it was not clear if the officer misstated the law in obtaining the breath test. On the day of trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 1, 2018 | Case: 2018-CT-003247 | Judge Valkenburg |
| Facts: | The defendant was found passed out in his car. Upon awakening the defendant, the officer observed the defendant to be disoriented, sluggish, and have slurred speech. He had heavy eyelids and constricted pupils. Believing he was impaired by drugs, since there was no odor of alcohol, he was asked to perform the field sobriety tests. He performed very poorly and was arrested for DUI. He then provided a urine sample which the FDLE lab report revealed positive hits for marijuana and Alprazolam. | |
| Defense: | Since the defendant was sleeping in his car, the State could not prove he had the "capability" to operate the motor vehicle as required by the actual physical control definition in the DUI jury instruction. | |
| Result: | The State dropped the DUI. | |
| Jul 27, 2018 | Case: 2017-CT-003846 | Judge Hanser |
| Facts: | The defendant crashed through an apartment complex gate. When police arrived, they noticed the defendant to have an odor of alcohol, slow speech, and lethargic movements. The defendant also admitted to having drank wine that day. The defendant performed very poorly on the roadside tests and was arrested for DUI. Due to injuries from the crash, he was asked to provide a blood sample at the scene. The toxicology results later revealed that the defendant's blood alcohol level was .268 and .267. This was the defendant's Third DUI. | |
| Defense: | The firm took a pretrial deposition of the arresting officer. Through our questioning of the officer, the firm was able to establish that the officer unlawfully obtained the defendant's blood through coercion. In addition, it was also unlawfully obtained on another ground since a breath test was not impractical or impossible. After the State read the depo and applicable case law, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 26, 2018 | Case: 18-CF-003197 | Judge Pomponio |
| Facts: | The defendant was found passed out in his car by the police. Upon awakening the defendant, the officer observed an odor of alcohol, he was unsteady, and a bottle in a paper bag was observed. The defendant started to do the roadsides but was unsteady and refused to continue after starting the HGN (eye test). He was then arrested for DUI. Cocaine was also found subsequent to arrest and he was also charged with Possession of cocaine. | |
| Defense: | Since the defendant was sleeping, he had no capability to operate the motor vehicle. Thus, the State could not prove he was in actual physical control. The State Dropped the DUI. The felony is still pending. | |
| Result: | The State dropped the DUI. | |
| Jul 25, 2018 | Case: 2018-CT-000237CTAXES | Judge Sestak |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer noticed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant made unusual statements, had poor coordination, and admitted to having drank beer. According to the officer, she performed poorly on the roadside tests and was arrested for DUI. | |
| Defense: | The officer's body-worn camera, which captured the field sobriety tests, contradicted the officer's written reports as to the level of alleged impairment. | |
| Result: | The State dropped the DUI. The Defendant received no conviction on her record. | |
| Jul 25, 2018 | Case: 2018-CT-000546 | Judge Crown |
| Facts: | The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol and the defendant admitted to having consumed one drink and two shots. While talking to the officer, she would look away from the officer. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew a .093 and .085 in the breath machine. | |
| Defense: | In order to request field sobriety tests, there must be reasonable suspicion of a crime. Here, there was no reasonable suspicion to believe that the defendant was impaired to lawfully request roadsides. Also, with the .02 margin of error in the breath machine, the defendant's two breath results could have been under the legal limit. The defendant received no criminal conviction on her record. | |
| Result: | The State dropped the DUI. | |
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