| Feb 15, 2018 | Case: A6MLF3E | Judge Riba |
| Facts: | The defendant was stopped after illegally driving through a construction zone that had barriers around it. The officer observed the defendant to have an odor of alcohol and bloodshot eyes. She also appeared to be swaying and was unsteady. After performing the roadside tests, she was arrested for DUI. The defendant subsequently refused the breath test. | |
| Defense: | The video contradicted the officer's reports as they related to her alleged swaying, unsteadiness, and also her performance on the field sobriety exercises. The Sate Dropped the DUI short of trial. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Feb 14, 2018 | Case: 15-23979MU10A | Judge Levy-Cohen |
| Facts: | The defendant was stopped for failing to obey a traffic signal device. The officer observed the defendant to have an odor of alcohol, bloodshot eyes, and he staggered as he walked. While talking to the officer, he swayed consistently and stated he had consumed a couple of drinks. He was then asked to perform field sobriety tests to which he refused. He was then arrested for DUI and subsequently refused the breath test. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform field sobriety tests. The basis of our motion was that the officer never advised the defendant of any adverse consequences for refusing. The Judge granted the motion. The State then took an appeal. On appeal, the firm, in our reply brief, cited all the applicable case law to defend the judge's initial correct legal ruling. In its appellate ruling, the circuit court ruled in our favor and this has now become one of the lead opinions on this issue. The State then Dismissed the defendant's Second DUI. | |
| Result: | The DUI was dismissed. | |
| Feb 8, 2018 | Case: 2017-CT-015794 | Judge Farr |
| Facts: | The defendant was approached by police after he backed into another vehicle. The defendant had an odor of alcohol, slurred speech, and a flushed face. The defendant swayed while standing and admitted to having drank three beers. After performing field sobriety tests, he was arrested for DUI and subsequently refused the breath test. | |
| Defense: | Parks & Braxton announced ready for trial. A few days before trial after pretrial talks, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 8, 2018 | Case: 2017-CT-011653 | Judge Weis |
| Facts: | The defendant as the at fault driver in a rear end crash. Officers did not observe an odor of alcohol, but noticed very slurred speech, watery/glassy eyes, and he was very unsteady. He then performed the walk and turn exercise whereby he stepped off the line, took an incorrect number of steps, and did not touch heel to toe. On the one leg stand, he put his foot down and used his arms for balance. He was then arrested for DUI. After his arrest, he provided a urine sample which later tested positive at the FDLE lab for marijuana and Xanax. He was charged with driving under the influence of a chemical and/or controlled substance. | |
| Defense: | After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 7, 2018 | Case: 16-16380MU10A | Judge Carpenter-Toye |
| Facts: | The officer observed the defendant failing to stop at a red light. The officer observed an odor of alcohol, glassy eyes, and slurred speech. In addition, he stated that the defendant swayed noticeably from side to side. The officer stated that the defendant performed poorly on all roadside tests. This was the defendant's Second DUI. | |
| Defense: | In pretrial depositions, it was discovered that there was another officer on scene. The arresting officer testified that the other officer was on scene during the field sobriety tests and would be able to corroborate the poor performance on the roadside tests. The second officer testified that he did not arrive until the defendant was placed in cuffs. There was no video to confirm the arresting officers story. | |
| Result: | The State dropped the DUI. | |
| Feb 6, 2018 | Case: 2017-CT-012898 | Judge Jeske |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and she had unstable balance. The defendant stated she had drank wine that night. After performing field sobriety tests, she was arrested for DUI. She later blew a. 10 and a .10 in the breath machine. | |
| Defense: | The officer's reports contradicted what was on video tape. For example, she had no slurred speech and was not off balance. Also, her roadside tests were much better than what was detailed in the police reports. | |
| Result: | The State dropped the DUI. | |
| Feb 6, 2018 | Case: 2017-CT-005857 | Judge Jeske |
| Facts: | The defendant was stopped for turning the wrong way down a one way street. The officer observed an odor of alcohol and bloodshot eyes. The defendant denied having had anything to drink. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. After his arrest, he blew a .115 and .113 in the breath machine. | |
| Defense: | When the defendant approached the one way street, he had no choice but to turn because he could not go straight as required. During a pretrial investigation by the firm, it was determined there was a sign straight ahead at the intersection indicating that the interstate was blocked. Thus, the defendant had no choice but to turn down the one street out of "necessity." This was brought to the State's attention that the defendant may have been unlawfully stopped as he acted under "necessity." | |
| Result: | The State dropped the DUI. | |
| Feb 5, 2018 | Case: 2017-CT-042004 | Judge Koenig |
| Facts: | The defendant was stopped for failing to maintain a single lane. He was very slow to stop, even in light of the fact that the officer not only had her police lights on, but sirens too. Upon contact, the officer observed the defendant to have an odor of alcohol, slurred speech, a flushed face, and watery eyes. The defendant staggered and swayed. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .147 and .141 in the breath machine. | |
| Defense: | After pretrial talks with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 5, 2018 | Case: 2017-CT-035979 | Judge Koenig |
| Facts: | The defendant was stopped for speeding and weaving in and out of traffic. The officer noticed the defendant to have an odor of alcohol, slurred speech, and she swayed while she stood. According to the officer, she failed all the field sobriety tests and was arrested for DUI. After her arrest, she refused the breath test. | |
| Defense: | Parks & Braxton brought numerous things to the State’s attention prior to trial. On tape, the officer was screaming at the defendant while approaching her car about drinking and driving prior to even having contact with her. Thus, he had already formed his conclusions that she was intoxicated before even conducting a DUI investigation. Also, the officer did not even demonstrate the walk and turn exercise prior to having the defendant perform it as mandated by the NHSTA manual on field sobriety tests. In addition, the officer had no clue how to position his in car camera as no one could even see the defendant's feet the majority of the time while she was performing the tests. | |
| Result: | The State dropped the DUI. | |
| Feb 1, 2018 | Case: 2017-CT-013396 | Judge Jeske |
| Facts: | The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and watery/bloodshot eyes. The defendant also was wearing a wristband from a bar, stated he had drank some beers, and had a sway to his stance. According to the officer, he failed the videotaped roadside tests and was arrested for DUI. He subsequently refused the breath test. | |
| Defense: | Parks & Braxton pointed out that officer had exaggerated the level of impairment on the field sobriety tests vs. his actual performance on videotape. The State then dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 29, 2018 | Case: 17-CT-017698 | Judge Lefler |
| Facts: | The defendant was found passed out in the driver's seat of his car in the county jail parking lot. He had driven there to sleep over night in order be on time to do his community service hours the next morning. The community service hours were from a previous DUI that placed him on probation. When officers found him and finally got him awake, they observed him to have an odor of alcohol, bloodshot/glassy eyes, and slurred speech. After exhibiting clues of impairment on the roadside tests, he was arrested for DUI. This was the defendant's Second DUI within a year. | |
| Defense: | The firm pointed out that the defendant was not in actual physical control of the motor vehicle as he had no capability to operate the car while sleeping as required by Florida's jury instructions. The State Dropped this DUI and the defendant was also reinstated on his previous DUI probation. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2018 | Case: 2017-CT-024231 | Judge Silverman |
| Facts: | The defendant was stopped for speeding. The Officer observed the defendant to have an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank a couple of beers and was observed to be swaying while he stood. After performing the roadside tests, he was arrested for DUI. After his arrest, he blew a .104 and .101 in the breath machine. | |
| Defense: | The firm pointed out to the State that there were many problems with the defendant's breath test results. For example, there was RFI (radio frequency interference) and also there was SNL (slope not level) issue. The defendant had blown into the machine numerous times causing the machine to print out a few breath cards. Thus, the both the accuracy of the machine and the defendant's breath samples were called into question. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2018 | Case: 2016-CT-047860 | Judge Silverman |
| Facts: | The defendant was found passed out in his truck in the parking lot of the bar he had been drinking at that night. The keys were in the ignition, the engine was on, and he was slumped over. The defendant had an odor of alcohol, slurred speech, and poor dexterity. He was slow exiting his truck, slow walking around, and swayed while he stood. He performed very poorly on the field sobriety tests which were videotaped. After his arrest for DUI, he refused the breath test. | |
| Defense: | Parks & Braxton announced ready for jury trial. The day before trial, we pointed out to the State that the defendant was not in actual physical control under the jury instruction as he had no capability to operate the truck while he was sleeping. In addition, and even as important, he was doing the right thing by sleeping it off in the parking lot. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2018 | Case: 2017-CT-010231 | Judge Shepard for Bonavita |
| Facts: | The defendant was involved in a crash. He left the scene and was found by police. He had an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had been drinking and also had serious facial injuries. He was transported the hospital where he was treated. At the hospital, the officer asked for a blood sample and the defendant refused. He was then arrested for DUI, Leaving the scene of an accident, and Second subsequent refusal to provide breath, blood, and/or urine. This was the defendant's Second DUI. in eight years. | |
| Defense: | After a pretrial investigation by the firm, we brought to the State's attention that the defendant left the scene of the crash out of "necessity" because the victims in the accident had beaten him with a baseball bat. That was why his face was swollen and bloody. Those alleged victims were charged with beating him. The State Dropped the defendant's Second DUI and the defendant received No conviction and No penalties. Also, the State dismissed the leaving the scene of an accident charge and also dismissed the refusal charge. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2018 | Case: 2017-CT-004525 | Judge Hanser |
| Facts: | The defendant crashed her car into a light pole. Upon arriving, the officers observed the defendant to have an odor of alcohol, red eyes, and slow/slurred speech. She stumbled around, began to get very aggressive, was screaming, and was very unstable. Roadside tests were not performed due to her combative behavior. She was then arrested for DUI property damage and later blew a .180 and .187 in the breath machine at the BAT facility. | |
| Defense: | After pretrial discussions, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 25, 2018 | Case: 2017-CF-011818 | Judge Lubet |
| Facts: | The defendant was stopped for speeding. Upon contact, the officer observed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was sweating profusely. The defendant stated had consumed a couple of drinks and was also observed to be swaying. He performed poorly on the field sobriety tests and was arrested for DUI. The officer also found cocaine on the defendant in a search incident to arrest and he was also charged with felony possession of cocaine. Later on at the BAT facility, he blew a .174 and .174 in the breath machine. | |
| Defense: | After pretrial talks with the State, they Dropped the DUI and the defendant received No felony conviction on the possession of cocaine charge. | |
| Result: | The State dropped the DUI. | |
| Jan 24, 2018 | Case: A6MLDJE | Judge Bedinghaus |
| Facts: | The defendant was first observed by a concerned citizen who saw the defendant stumbling around outside of a bar. That person saw the defendant drive off, he followed the defendant, and then called the police stating that the defendant was weaving all over the road. Upon stopping the defendant, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. He admitted to having drank beers and some rum. The defendant then performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .116 and .115 in the breath machine. | |
| Defense: | Prior to trial, the firm had discussions with prosecutor and they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 17, 2018 | Case: 2017-CT-016180 | Judge Weis |
| Facts: | The defendant was involved in a rear end crash whereby he was the at fault driver. The officer observed the defendant to have an odor of alcohol, slurred speech, and red/glassy eyes. He was asked to do field sobriety tests that he refused to perform. He was then arrested for DUI and later refused the breath test. | |
| Defense: | After negotiations with the State, we pointed out that the defendant's air bags deployed. Any impairment observed by the officer was due to the accident, and not alcohol. The State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 16, 2018 | Case: 2017-CT-014135 | Judge Conrad |
| Facts: | The defendant was stopped for speeding and also spinning his tires which caused the car to fishtail. The officer noticed the defendant to have an odor of alcohol, watery/glassy eyes, and he made unusual statements. The defendant denied consuming any alcohol. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was then arrested for DUI and subsequently blew a .093 and .092 in the breath machine. | |
| Defense: | Prior to trial, we pointed out to the State that with the .02 margin of error in the breath machine, both results could have been under the legal limit. Also, during the HGN (eyes test), the officer did not obtain an angle of onset prior to 45 degrees. Under Tharpe's formula, that could mean that the defendant had a breath alcohol level under the legal limit at the time of driving when the test was administered. | |
| Result: | The State dropped the DUI. | |
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