| Sep 3, 2026 | Case: 26-CT-006903 | Judge C. Brown |
| Facts: | The defendant was stopped for speeding and running a red light. Officers noticed an odor of alcohol, she appeared unsteady, fumbled with her documents, exhibited a blank stare, and had thick tongued speech. She only performed the HGN (eye test) and refused to perform any other field sobriety tests. She 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. | |
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 3, 2026 | Case: 25-CF-003379 | Judge Flowers |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred/thick tongued speech. He also appeared unsteady on his feet. The defendant only performed the HGN (eye test) and then refused to perform any more field sobriety tests. He later refused a breath test. This was his third DUI within ten years and he was charged with a Felony DUI. He was also charged with Felony Driving on a Suspended License as a Habitual Traffic Offender. | |
| Defense: | The firm took a pretrial deposition of the officer who stopped the defendant. At the deposition, we were able to establish that the defendant only weaved two times over a very short distance. After conversations with the State and providing them case law, the Felony DUI and Felony DWLS were Dismissed. | |
| Result: | The DUI was dismissed. | |
| Sep 3, 2026 | Case: AMGFTNE | Judge Szematowicz |
| Facts: | The defendant was stopped for speeding. Officers detected an odor of marijuana, bloodshot/watery eyes, and a sway to his stance. The defendant refused to perform any field sobriety tests, other than HGN (eye test), and he was subsequently arrested for DUI. He later provided a urine sample which came back from the lab positive for marijuana. This was his Second DUI arrest. | |
| Defense: | We pointed out to the State that upon review of the video tape, there was not one normal faculty impaired. There was no erratic driving pattern, his speech was normal, he had no sway on tape, walked normal, and looked and sounded fine. The State Dropped his Second DUI arrest and he received no probation at all. It should be noted that the firm represented this defendant on his last DUI and got that one Dropped as well. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: AL8GUME | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. She had a sway to her stance and exhibited mood changes. According to the officer, she performed poorly on the field sobriety tests, which consisted of the HGN (eye test), finger to nose, estimation of 30 seconds, walk and turn, and one leg stand. The defendant 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. | |
| Aug 27, 2026 | Case: AM07ESE | Judge Lawhorne |
| Facts: | Police found the defendant stopped on a bridge as his car was disabled. Officers did not notice an odor of alcohol, but did observe slurred speech, slow motor skills, and he stated that he had taken pain medications. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later provided a urine sample which revealed positive results for numerous controlled substances. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2026 | Case: 26-CT-003809 | Judge Smith |
| Facts: | The defendant was stopped for illegal tint, being stopped at an intersection without moving and then driving 2-3 miles per hour. Officers noticed an odor of alcohol, red/glossy eyes, and he appeared unsteady on his feet. 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 .129 and .131 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. | |
| Aug 27, 2026 | Case: 26-CT-001056 | Judge Gould |
| Facts: | The defendant was stopped for speeding, driving at inconsistent speeds, and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. Her balance was very poor and she stumbled. 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 .140 and .138 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. | |
| Aug 25, 2026 | Case: 26-CT-024437 | Judge Garagozlo |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, watery eyes, and slurred speech. His movements were slow and lethargic, and he had to lean against the car for balance. The defendant only performed the HGN (eye test) and he refused to perform any other roadside tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 25-CT-055958 | Judge Garagozlo |
| Facts: | The defendant was involved in a traffic crash. Officers noticed an odor of alcohol, he was belligerent and vulgar, he appeared clumsy, and had slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | In conversations with the prosecutor, we pointed out that the defendant was not the at fault driver. The other driver pulled out in him and failed to yield. In addition, it was discussed as to why the officer was asking for physical field sobriety tests such as the walk and turn and one leg stand when the defendant's air bags deployed and his neck was nearly broke. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 25-CT-036419 | Judge Garagozlo |
| Facts: | The defendant was found passed out in a Checkers drive thru. Upon awakening him, the officers noticed an odor of alcohol, glassy/watery eyes, mumbled speech, and he appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, his speech was not mumbled and did not appear unsteady. The video contradicted the police reports. After negotiations with the State regarding the defendant and the evidence, they Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 26-CT-021300 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slow speech, and red eyes. According to the officer, she performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 25, 2026 | Case: 26-MM-015504 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding (81 mph in a 45 mph zone) and crossing over the double yellow line. Officers noticed an odor of alcohol, a 12 pack of beer on the floorboard, slightly slurred speech, and he admitted to having consumed two beers. 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 .090 and .087 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. | |
| Aug 25, 2026 | Case: 25-CT-055024 | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and delayed responses to questions. His clothing was untidy and he appeared disheveled. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Third DUI. | |
| Defense: | On tape, the officers had no idea how to conduct a DUI investigation. They were asking for a breath test prior arrest. In Florida, one can only be requested to perform a breath test after the arrest for DUI. In addition, the officers were turning their body worn cameras off during the DUI investigation. No one knows why. After pretrial discussions, the State Dropped his Third DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 24, 2026 | Case: 26-CT-023188 | Judge Koenig |
| Facts: | The defendant was stopped for speeding and not maintain his lane. Officers observed an odor of alcohol, confused speech, and red/glassy eyes. He also had a fixed gaze, a flushed face, and his movements were slow. According to the officer, he performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant was not failing to maintain his lane. In addition, his movements were not slow at all. His performance on the field sobriety tests, captured on video tape, was much better than as described in the totally exaggerated police reports. After negotiations with the State regarding the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 21, 2026 | Case: 25-CT-004943 | Judge Gould |
| Facts: | The defendant was involved in a two vehicle traffic crash, whereby the defendant's vehicle rolled over. When officers arrived, they noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant was transported to the hospital and never asked for a breath test. | |
| Defense: | Prior to trial, it was pointed out to the State that the defendant was not the at fault driver. The other driver pulled out on the highway without lights and pulled out in front of him causing his car to rollover. Yet, the officer still had the defendant perform physical exercises like the one leg stand and walk and turn after just being involved in a roll over crash. Any impairment that he exhibited could have as easily been attributed to the crash versus alcohol. The firm announced ready for trial and prior to trial after negotiations, the State Dropped the DUI | |
| Result: | The State dropped the DUI. | |
| Aug 20, 2026 | Case: 26-CT-500680 | Judge Paluck |
| Facts: | The defendant was stopped for impeding traffic. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. She later blew a .098 and .097 in the breath machine. | |
| Defense: | The firm announced ready for trial. After negotiations with the State about the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2026 | Case: 26-CT-002276 | Judge Leaf |
| Facts: | The defendant was stopped for swerving all over lane markers. Officers noticed an odor of alcohol, bloodshot eyes, and constricted pupils. The defendant stated that he had consumed two beers. He performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later blew a .203 and .199 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 18, 2026 | Case: 26-CT-022613 | Judge T. Brown |
| Facts: | The defendant crashed his car into multiple parked vehicles. He was initially detained by the civilians in the neighborhood before police arrived. Officers observed an odor of alcohol, he was unable to form a sentence, and could barely walk on his own. The defendant stated something incoherent about mushrooms and marijuana. He refused to perform any roadside tests and was arrested for DUI. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 17, 2026 | Case: 26-CT-005861 | Judge Castor |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, his speech was slurred/slow and his movements were slow and deliberate. The defendant stated that he had consumed several vodka drinks. According to the officer, he performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, finger to nose, estimation of 30 seconds, and one leg stand. The defendant was arrested for DUI and later blew a .125 and .122 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 17, 2026 | Case: 25-CT-002524 | Judge Hendricks |
| Facts: | The defendant was the at fault driver in a sideswipe crash. Officers noticed an odor of alcohol, watery eyes, and mumbled/slurred speech. He was repeating himself and he also exhibited balance issues (swayed and staggered). According to the officer, he performed poorly on the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand. The defendant was arrested for DUI and later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | The defendant appeared impaired on tape. However, when the officer was demonstrating the walk and turn, he stumbled and said "whoopsie." We used this to our advantage by telling the prosecutor that if his cop can't even do it, then how is our client supposed to. The State agreed and Dropped his Third DUI. | |
| Result: | The State dropped the DUI. | |
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