| Dec 9, 2025 | Case: 25-CT-001756 | Judge Hitzemann |
| Facts: | A 7-11 employe called the police stating that the defendant was doing weird things in the store like sweeping the floor, stumbling, had been there for a few hours, and slurring his words. When officers arrived, they saw the defendant's truck improperly parked and him sitting in the driver's seat. They noticed an odor of alcohol, slurred speech, poor balance, and bloodshot eyes. He performed very poorly on the field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The defendant told the cops the truck was inoperable and that is why he was there for a few hours waiting on someone to pick him up. Officers had no idea if he drank before driving or while he was there. After his arrest, we could see the tow truck driver on video not being able to start the truck and then having to push it. We spoke to the prosecutor and explained that the truck was inoperable and they could not prove that he became intoxicated after it became inoperable. Under Florida law, the defense of inoperability can only be used if one became intoxicated after the car became inoperable. The State agreed and 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
| Dec 9, 2025 | Case: 25-CT-001627 | Judge Hitzemann |
| Facts: | The sheriff's office received a call that a female had been kidnapped. It was the defendant's girlfriend who made the call. Officer's located the defendant's truck and conducted a felony traffic stop. The defendant was ordered out of his truck at gun point, taken to the ground, and handcuffed. Officers then observed an odor of alcohol and slurred speech. Officers found wine and whiskey in the truck. It was later determined that she had not been kidnapped and made a false allegation. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | The firm had discussions with the State. We pointed out to the prosecutor that the only reason the cops put a DUI on him was because there was no kidnapping. They already had taken him down at gunpoint and did not even offer him field sobriety tests. | |
| Result: | The State dropped the DUI. | |
| Dec 9, 2025 | Case: 25-CT-009778 | Judge Allen |
| Facts: | The defendant was stopped for speeding. Officers noticed a fresh odor of marijuana emanating from the defendant and bloodshot eyes The defendant admitted to being impaired on tape. Believing he was impaired by marijuana, the defendant then performed poorly on the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a urine test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 9, 2025 | Case: 25-CT-007040 | Judge Allen |
| Facts: | A concerned citizen approached an officer and told her that the defendant was intoxicated and trying to drive. The officer approached the defendant's parked car and noticed a pool of vomit by the driver's door. The officer observed an odor of alcohol, slurred speech and glossy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 8, 2025 | Case: 25-CT-037365 | Judge Koenig |
| Facts: | The defendant was stopped for swerving all over the road. Officers did not smell any alcohol, but noticed bloodshot/watery eyes, heavily slurred speech, a flushed face, and his movements were slow and lethargic. He also swayed and staggered. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. Believing that he was impaired drugs, he was requested to provide a urine sample. The defendant refused. This was the defendant's Second DUI arrest. | |
| Defense: | Under Florida law, to prove a DUI under Florida Statute 316.193, the State must prove that the defendant was impaired by a chemical substance as specified in set forth in Florida Statute 877.11 and/or a controlled substance as set forth in Florida Statute 893. Here, the State could not prove either. The State Dropped the Second arrest DUI to Civil Carless Driving Infraction. | |
| Result: | The State dropped the DUI. | |
| Dec 8, 2025 | Case: 25-CT-051354 | Judge Koenig |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, slow speech, and lethargic movements. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. | |
| Defense: | Parks and Braxton pointed out to the State that the defendant only weaved one time and that this was an unlawful traffic stop. Weaving one time does not rise to the level of reasonable suspicion to believe someone is impaired justifying a traffic stop. The State Dropped the DUI to a Civil Careless Infraction. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2025 | Case: 25-CT-050371 | Judge Garagozlo |
| Facts: | The defendant was stopped for weaving all over the road. Officers observed an odor of alcohol, watery/glassy eyes, and thick slurred speech. The defendant stated that he had consumed two beers. The defendant was slow to answer questions and appeared nervous. After performing the HGN (eye test), finger to nose, and estimation of 30 seconds exercises, he was arrested for DUI. Officers believed he was actually impaired by drugs and requested a urine test to which he refused. | |
| Result: | The DUI was dismissed. | |
| Dec 4, 2025 | Case: 25-CT-010648 | Judge Scott |
| Facts: | The defendant was stopped for weaving all over the road. Officers observed an odor of alcohol, slurred speech, glassy eyes, delayed responses, and slow/exaggerated movements. She also had fumbling fingers. After performing poorly on the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 3, 2025 | Case: 25-CT-008568 | Judge Valkenburg |
| Facts: | The defendant was stopped for weaving. He was unable to maintain his lane and drifted from the right lane across the lane divider and then back to the left lane three times. Officers noticed an odor of alcohol, watery eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. | |
| Defense: | Many observations in the police reports were contradicted by the video tapes. After conversations with the State regarding the conflicts, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 3, 2025 | Case: 25-CT-010606 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, and he had slurred speech. The defendant appeared lethargic and unsteady. After performing 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, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 3, 2025 | Case: 25-CT-007878 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slow/slurred speech, and watery eyes. The defendant admitted to having consumed several shots of tequila. A bottle of tequila was also found in the car. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .178 and .159 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 2, 2025 | Case: 25-CT-011865 | Judge Scott |
| Facts: | The defendant was found passed out his car after business hours at a closed Honda dealer lot. When officers approached, he was nonresponsive. Upon awakening him, officers noticed an odor of alcohol, bloodshot/watery eyes, and he had to use the car for balance. The defendant had slurred speech and gave confusing answers to the officer's questions. He refused to do any roadside 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. | |
| Nov 24, 2025 | Case: 25-CT-015029 | Judge Menz |
| Facts: | The defendant left his house after a domestic disturbance and crashed his car into the woods. When officers arrived, he was already outside his truck, as this happened on his property. Officers noticed an odor of alcohol, he stumbled, leaned against the patrol car for support, and admitted to having drank tequila. His speech was very slurred and he had trouble standing. The defendant also admitted that he felt that he was too intoxicated to drive so he backed up to go back in the house and ended up in the ditch. He refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2025 | Case: AL8GK4E | Judge Dittmer |
| Facts: | The defendant was stopped for following too closely. Officers observed an odor of alcohol, watery eyes, and he appeared unsteady and swayed. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | The officer made the defendant out to be a falling down drunk in the police reports. They were completely contradicted by the videotape. After conversations with the State regarding the conflicts in the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2025 | Case: 25-CT-039432 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and her movements were slow. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 19, 2025 | Case: 25-CT-013574 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding and driving with no lights after dark. Officers observed an odor of burnt marijuana from the vehicle, a slight odor of alcohol, bloodshot/glassy eyes, and he had severe body tremors. The defendant denied drinking and also denied smoking pot. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a urine test. | |
| Defense: | On tape, the defendant's speech was normal, his balance was normal, he was responsive and coherent, had no sway, walked normal, and his roadside tests were excellent as compared to what was written. After negotiations with the prosecutor about the evidence, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Nov 18, 2025 | Case: 25-CT-041613 | Judge T. Brown |
| Facts: | The defendant was stopped after he ran a red light. Officers observed an odor of alcohol, a flushed face, glassy eyes, and slurred speech. Due to physical disabilities, the defendant performed the HGN (eye test), finger to nose, and finger count exorcises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | Many observations written in the reports were contradicted by the videotape. For example, on tape, his speech was not slurred and he performed the finger count and finger to nose much better on tape than as described the reports. After conversations with the State about the contradictions, they Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2025 | Case: 25-CT-027535 | Judge T. Brown |
| Facts: | The defendant was stopped after she pulled out of a parking lot and almost hit a cop head on and then drove on the curb. Officers noticed an odor of alcohol, staggering, bloodshot eyes, and she admitted to consuming two alcoholic beverages. She was immediately arrested for driving on a suspended license as her license was suspended from a previous DUI. Later, while in the backseat of the patrol car, she refused to do any field sobriety tests. She was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI within five years. | |
| Defense: | On tape, her speech was normal and she was not off balance or unsteady. She was already under arrest for DWLS, so there was no reason for her to do any field sobriety tests because they were not going to release her. After negotiations, the State Dropped her Second DUI and also dropped the DWLS charge. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2025 | Case: 25-MM-034821 | Judge T. Brown |
| Facts: | The defendant was stopped for having a defective tag light. Officers observed an odor of alcohol, glassy eyes, and slow speech. His movements were lethargic and he appeared anxious. The defendant refused to step out of the car upon being directed to do so. He was then forcibly removed. The defendant refused to do any roadside tests and was arrested for DUI and resisting an officer without violence. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI and the Resisting charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Nov 18, 2025 | Case: 25-CT-032380 | Judge T. Brown |
| Facts: | The defendant was stopped for driving westbound in the eastbound lanes. Officers observed an odor of alcohol, slurred speech, and watery eyes. He swayed while standing and used the car for support. 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. | |
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