| Oct 14, 2026 | Case: 26-CT-002572 | Judge Uzabel |
| Facts: | Police were called to the scene after a caller stated that the defendant was sleeping in his Tesla in the middle of the road. Officers arrived and found the defendant in the driver's seat with EMS treating him. They observed an odor of alcohol, bloodshot eyes, a sway, and a slight slur to his speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The police never got the name or number of the initial caller so all her testimony was inadmissible hearsay. The defendant disputed ever sleeping and stated that the Tesla had stalled out and he was leaning over to see what was going on. Also, on tape, the arresting officer can be heard telling the defendant that "how is he supposed to determine if the defendant was impaired if he wasn't going to do any roadside tests?” Well, if that's is the case and he refuses, then why in the world was he being arrested if the officer felt he didn't have enough evidence without the field sobriety tests. The firm announced ready for trial. Prior to trial the State Dropped his DUI and he received no conviction and no penalties other than a fine and court costs. | |
| 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
| Oct 13, 2026 | Case: 26-CM-013006 | Judge Valkenburg |
| Facts: | The defendant was stopped for driving with an expired tag. Officers observed an odor of alcohol and red/watery eyes. The defendant didn’t get out of the car upon being asked so he was extracted. He was arrested for DUI and resisting without violence. He later refused a breath test. | |
| Defense: | When the defendant was asked to step out of the car, he simply asked why. Within seconds, two cops were yanking him out and cuffing him. The defendant asked what are you arresting me for? The officer said resisting and now you have a DUI. They never even asked him to perform field sobriety tests. The State dropped the DUI and he received no conviction and no penalties other than a fine. | |
| Result: | The State dropped the DUI. | |
| Oct 13, 2026 | Case: 26-CT-001787 | Judge Valkenburg |
| Facts: | Officers responded to a domestic violence call. When officers arrived, the defendant was behind the wheel. Officers observed an odor of alcohol, bloodshot/glossy eyes, slurred speech, he appeared disoriented, and unsteadiness. After performing the field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a. 144 and a .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. | |
| Oct 12, 2026 | Case: 26-CT-023408 | Judge Skinner |
| Facts: | The defendant was stopped for running a red light and driving recklessly on his motorcycle. Officers noticed an odor of alcohol, glossy eyes, and slow/slurred speech. The defendant almost fell while walking and had to use an officer's patrol car for balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | The police department never turned over the body worn cameras or supplements of the officers who stopped the defendant to the prosecutor. Thus, it was unclear if they were telling the truth about the reason for the stop and all their observations. Also, without the body worn cameras, it was unknown why the defendant was handcuffed prior to the DUI officer's arrival. After negotiations with the State regarding the missing evidence a week before trial, the State Dropped the Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 12, 2026 | Case: 26-CT-021023 | Judge Skinner |
| Facts: | The defendant was stopped for speeding and cutting off another car. Officers observed an odor of alcohol, slurred/mumbled speech, and a sway to her stance. She also appeared confused and exhibited poor motor skills. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was her Second DUI. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant a week before trial, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2026 | Case: 26-CT-005418 | Judge Smith |
| Facts: | The defendant was stopped for speeding and running a red light. Officers observed an odor of alcohol, slurred speech, unsteadiness, and watery eyes. He also admitted to consuming two shots. After performing very poorly on the HGN (eye test), one leg stand, and walk and turn exercises, he 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. | |
| Oct 7, 2026 | Case: 26-CT-007612 | Judge Scott |
| Facts: | The defendant was stopped for driving with no lights and almost crashing into a police car. Officers observed an odor of alcohol, glossy eyes, slurred speech, and he admitted to having consumed anywhere from two to four beers. After performing the HGN (eye test), one leg stand, and walk and turn, he 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. | |
| Oct 7, 2026 | Case: 26-CT-005592 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, lethargic movements, unsteadiness, and slow/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 .123 and .115 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. | |
| Oct 6, 2026 | Case: 26-002176MM10A | Judge Brown |
| Facts: | The defendant was first observed driving at a high rate of speed. Next, the officer stated that the defendant passed a series of vehicles in the bike lane and made an illegal turn against a red light. The officer stated that the defendant had a strong odor of alcohol, red watery eyes and a very flushed face. The defendant performed the HGN (eye test), walk and turn test as well as the one leg stand. He was arrested for DUI and subsequently refused a breath test. He was also charged with refusal to submit to testing. | |
| Defense: | The driving pattern was not on video. The theory of defense was "trust your eyes not your ears." The video clearly impeached the credibility of the officer's testimony. In addition, although not provided by the prosecutor, we located a booking photo of the defendant which also showed that the defendant's face was not flushed and his eyes were not remarkably red. The State conceded the case on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-034746 | Judge T. Brown |
| Facts: | The defendant was stopped for crossing over the white lane lines three times and traveling onto to the grass shoulder two times. Officers stopped the defendant and noticed an odor of alcohol, mumbling speech, watery eyes, and he admitted to having drank two beers. He also swayed and stumbled multiple times. The defendant then performed the HGN (eye test), finger to nose, and estimation of 30 seconds 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. | |
| Oct 6, 2026 | Case: 26-CT-004367 | Judge C. Brown |
| Facts: | The defendant was stopped for driving with no headlights after dark. Officers noticed an odor of alcohol, bloodshot/watery eyes, slurred speech, and he appeared unsteady. 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 .169 and .163 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. | |
| Oct 6, 2026 | Case: 26-CT-030022 | Judge T. Brown |
| Facts: | The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated that he had drank beer. Due to physical ailments, the defendant performed the HGN (eye test), finger to nose, and finger count exercises. He was arrested for DUI and later blew a .117 and .116 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. | |
| Oct 6, 2026 | Case: 26-CT-026966 | Judge Ingram |
| Facts: | The defendant was stopped for driving with no lights after dark, failing to stop while exiting a parking lot, and driving between two lanes. Officers noticed an odor of alcohol, slurred speech, and water eyes. 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: | After negotiations with the State regarding the evidence and the defendant, the State Dropped his Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-020586 | Judge Ingram |
| Facts: | The defendant was found passed out in his running vehicle outside of a bar. Officers banged on the widow in an attempt to get him to wake up. As he rolled the window down, he had a dazed look, an odor of alcohol, glassy eyes, and slurred speech. He also appeared very confused and had poor balance. The defendant stated he had consumed “a handful" of drinks. 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, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-030676 | Judge Ingram |
| Facts: | The defendant was stopped for doing doughnuts (burnouts) in a parking lot. Upon being stopped, he was immediately arrested for stunt driving. Officers noticed an odor of alcohol, slurred speech, and a sway to his stance. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for Stunt Driving and DUI and he later refused a breath test. | |
| Defense: | The defendant was stopped for "Stunt Driving." However, under the statue for Stunt Driving ( i.e. doing doughnuts), it must have been a part of a street takeover. Here, there was no street takeover because one has to block or impeded the flow of traffic. Thus, there was no probable cause to stop and then arrest the defendant. After negotiations with the State regarding the evidence, the State Dropped the DUI to a Civil Careless Driving infraction. The Stunt Driving charge was also Dismissed. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-031762 | Judge Ingram |
| Facts: | The defendant was stopped for speeding and crossing over the double yellow center line. Officers noticed an odor of alcohol, a sway to her stance, slow speech, a pale face, and watery eyes. The defendant only agreed to perform the HGN (eye test) and refused to perform any other roadside tests. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the video, the State Dropped the DUI to a Civil Carless Driving infraction. | |
| Result: | The State dropped the DUI. | |
| Oct 6, 2026 | Case: 26-CT-027439 | Judge T. Brown |
| Facts: | The defendant was stopped for almost colliding with another car. Officers noticed an odor of alcohol, bloodshot glassy eyes, he swayed while standing, a fatigued face, and difficulty articulating his words. The defendant then performed the HGN (eye test), finger to nose, and finger count exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape his speech was totally normal, he had no sway, did not appear fatigued, and performed much better on the field sobriety tests than as described in the police reports. After negotiations, the State Dropped the DUI to a Civil Carless Driving infraction. | |
| Result: | The State dropped the DUI. | |
| Oct 2, 2026 | Case: 26-CT-007526 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/watery eyes, slurred speech, and a blank/dazed stare. The officer believed he was actually impaired by drugs and not alcohol and requested him to perform field sobriety tests which consisted of HGN (eye test), walk and turn, and the one leg stand. He was then arrested for DUI and later provided a urine sample. | |
| Defense: | The officer stated that he packaged the urine and sent it to FDLE. FDLE never received the urine or analyzed it. it apparently got lost or destroyed. | |
| Result: | The DUI was dismissed. | |
| Oct 1, 2026 | Case: 26-CT-004817 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and eye lid tremors. He also 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 .123 and .115 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 30, 2026 | Case: 26-CT-007763 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, confusion, a blank stare, lethargic movements, and poor balance. 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 .168 and .157 on 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. | |
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.