| Sep 23, 2026 | Case: 26-CT-004166 | Judge Smith |
| Facts: | The defendant was stopped for swerving and speeding. He nearly crashed into a concrete wall as well. Officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| 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
| Sep 23, 2026 | Case: 26-CT-000993 | Judge Valkenburg |
| Facts: | The defendant was stopped for failing to maintain a single lane. Officers noticed an odor of alcohol, bloodshot watery eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .121 and .127 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 22, 2026 | Case: 26-CT-002703 | Judge Hankin |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank alcohol. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, not one of the defendant's normal faculties were impaired. In fact, the two officers were on tape stating that they "don't have much to go on." One cop also says, "do you want to push the issue?" Yet they still arrested him. After discussions with the State, they Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 18, 2026 | Case: 26-CT-003447 | Judge Hankin |
| Facts: | The defendant was involved in a crash in the parking lot of her apartment complex. When officers arrived, they noticed an odor of alcohol, slow/exaggerated movements, glassy eyes, balance issues, and mood changes. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | When officers arrived on scene, the defendant was in her apartment. There was no way for the State to prove that she was under the influence at the time of the crash, as she stated that she drank after the crash in her apartment. | |
| Result: | The State dropped the DUI. | |
| Sep 17, 2026 | Case: 26-CT-005393 | Judge C. Brown |
| Facts: | Officers responded to a call for service as the defendant's vehicle was disabled and blocking a road near the highway. Officers found the defendant passed out in the driver's seat. They observed the defendant to have an odor of alcohol, watery eyes, and an unsteady gait. The defendant then performed the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises. He was arrested for DUI and later blew a .135 and .127 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. While requesting a breath test, the officer misled the defendant into believing that if he blew, he would get a hardship permit, but if he refused, he would not. That was a misstatement of law. Just prior the motion hearing date, the State knew they would lose the breath test based on all the case law and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: 26-CT-004698 | Judge Griner |
| Facts: | The defendant was stopped for swerving within his lane. Officers noticed an odor of alcohol, watery/glassy eyes, and he admitted to consuming alcohol. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .113 and .113 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: 26-CT-007966 | Judge Griner |
| Facts: | The defendant was stopped for weaving, traveling on the wrong side of the road, and fluctuating speeds. Officers noticed an odor of alcohol, glossy eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was his Second DUI. | |
| Defense: | The officer told the defendant on tape that when he got his driver's license, he had agreed to perform field sobriety tests. This is not true and misinformation. On a driver's license where it says that you consent to any sobriety tests required by law, it refers to a breath, blood, or urine test, not field sobriety tests. After negotiations and realizing all the roadside tests would be excluded from evidence, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: AN9NJME | Judge Dittmer |
| Facts: | The defendant was stopped for weaving. He was crossing over the white lines and straddling the dotted lines. Officers noticed an odor of alcohol, a sway to his stance, bloodshot/glassy eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, estimation of 30 seconds, finger to nose, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: AMR105E | Judge Zuroweste |
| Facts: | Officers got called out to a suspicious vehicle parked in a neighborhood. Officers walked up to the car and saw the defendant behind the wheel with the window down. They noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .139 and .135 in the breath machine. | |
| Defense: | In the back of the police car, a conversation ensued about whether to take the breath test. The officer told the defendant something to the effect of that if the breath machine showed .000's, he would take him back to his car. An officer cannot say that because one cannot be unarrested for DUI. That was coercion and misinformation. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 15, 2026 | Case: 26-CF-014543 | Judge Branning |
| Facts: | Officers arrived on scene after an EMS truck almost hit the defendant as her car had gotten a flat and was partially sticking out in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and an inability to keep her balance. After performing the HGN (eye test), one leg stand, finger to nose, and alphabet tests, she was arrested for DUI. She later refused a breath test. This was her Third DUI within ten years and she was charged with Felony DUI. | |
| Defense: | On tape, she was not off-balance or unsteady, her speech was normal, and she was responsive and coherent. She told the officer that she could not do the walk and turn due to severe scoliosis and a balance issue due to being deaf in one ear. Yet the officer skipped over that exercise and had her do a one leg stand. It made no sense at all. She then stated the alphabet correctly and did fine on the finger to nose. We provided a stack of medical records to the State showing that she was telling the truth about her scoliosis and balance issues. It was also clear the arresting officer was being trained and this was a training exercise. A few days before the trial call, the State Dismissed her Felony DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 14, 2026 | Case: 26-CT-502241 | Judge Gonzalez |
| Facts: | The defendant was stopped for driving too slowly. Officers noticed an odor of alcohol, beer and rum in the car, and he was argumentative. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged that traffic has to be impeded by the defendant's slow driving pursuant to Florida Statutes and case law. Here, no traffic was affected or impeded at all. The State agreed prior the motion date and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 14, 2026 | Case: 26-MM-000856 | Judge Poblick |
| Facts: | Police were called to the gas station parking lot as the defendant allegedly backed into another car. Officers noticed an odor of alcohol, she appeared unstable, had bloodshot eyes, and struggled to keep her balance. The defendant then performed the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | On tape there were three officers. Two said they could not smell any alcohol versus the first one. Also, they initially thought there was a crash but there was none. Furthermore, this was clearly a training exercise as one cop jumped in to help the other one in administering the roadside tests. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 14, 2026 | Case: 26-CT-001139 | Judge Poblick |
| Facts: | The defendant was stopped for speeding and almost crashing into a guardrail. Officers noticed an odor of alcohol, glossy/bloodshot eyes, and unsteadiness. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .098 and .094 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 9, 2026 | Case: 26-CT-006009 | Judge Valkenburg |
| Facts: | The defendant was stopped for running over a curb while making a turn and stopping in the crosswalk of an intersection. Officers noticed an odor of alcohol, a sway to her stance, slurred speech, mood swings, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .143 and .136 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CM-001382 | Judge C. Brown |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He 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, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-004180 | Judge Taylor |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers observed an odor of alcohol, red/glossy eyes, and the defendant admitted to having consumed beer. The defendant refused to perform any field sobriety tests and was arrested for DUI. | |
| Defense: | In one report, the officer wrote that the defendant had refused to perform the roadside tests and in another report, he wrote the defendant performed poorly on the field sobriety tests. It was obvious that he was just cut and pasting sentences in his reports. His credibility was called into question. The DUI was Dismissed after we brought this to the attention for the prosecutor. | |
| Result: | The DUI was dismissed. | |
| Sep 8, 2026 | Case: 26-CT-020450 | Judge C. Brown |
| Facts: | The defendant was stopped for weaving and following too closely. Officers noticed an odor of alcohol, he seemed confused, fumbled with his documents, and had bloodshot eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The firm announced ready for trial. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-005019 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .190 and .189 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-022551 | Judge Garagozlo |
| Facts: | The defendant was stopped for almost striking another car, swerving off the roadway and almost striking a sign. Officers noticed an odor of alcohol, unsteadiness, glassy eyes, and she admitted to having consumed wine. While attempting to administer the walk and turn, the defendant became argumentative and was placed under arrest for DUI. She later blew a .147 and .134. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2026 | Case: 26-CT-001415 | Judge C. Brown |
| Facts: | The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, slurred speech, and watery eyes, The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, one officer can be heard asking the defendant if he identifies as Hispanic. The defendant responded to the officer that why didn't he ask if he identifies as a black woman (sarcastically). This was a very concerning remark. In discussions with the State, we brought this up to the State that he may have been arrested solely because of his ethnicity. The State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.