DUI Wins - Parks & Braxton, PA: Brevard DUI Lawyer

OUR RECENT VICTORIES

Oct 29, 2025	Case: 25-CM-005271	Judge Allen
Facts:	The defendant was stopped on his boat for weaving back and forth and having no emitting lights. Officers noticed an odor of alcohol, slurred speech, empty champagne bottles, a dazed look, and he had to brace himself against fixed objects for balance. He then performed the exercises designed for boating under the influence cases, which consisted of the HGN, finger to nose, palm pat, and hand coordination exercises. He was arrested for Boating Under the Influence and later refused a breath test.
Defense:	On tape, his speech was normal and he was not off balance. The officer was not instructing the defendant properly on the exercises which made it very confusing. Also, the officer wrote someone else's name in the reports, so was he really talking about the defendant or someone else. The State Dropped the Boating Under the Influence and he received no conviction and no penalties other than court costs.
Result:	The State Dropped the Boating under the Influence.

Oct 28, 2025	Case: 25-CT-002035	Judge J. Steele
Facts:	The defendant was stopped for weaving and having no working taillights. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant also lost his balance and almost fell. Another deputy actually had to catch him, so he wouldn't hit the ground. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He 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.

Oct 28, 2025	Case: 25-CT-006908	Judge Scott
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, he appeared unsteady, and his movements were lethargic. After performing the HGN (eye test), one leg stand, and walk and turn exorcises, 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 28, 2025	Case: 25-CT-007010	Judge Scott
Facts:	The defendant was stopped for failing to come to a complete stop while exiting a parking lot. Officers noticed an odor of alcohol, slurred/thick tongued speech, bloodshot eyes, and fumbling fingers. 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:	On tape, we can see the officer driving down the road with his dash camera on. What was odd was that the dash seemed to get turned on just as the defendant was pulling out. No one could see whether the defendant stopped or not. We raised an issue that the defendant did stop and the stop was unlawful. Also, on tape, the defendant called the cop "dude" and the officer then got very offended and became very aggressive and rude. After conversations with the State, they Dropped his Third DUI.
Result:	The State dropped the DUI.

Oct 24, 2025	Case: 25-CT-036363	Judge Garagozlo
Facts:	Officers were dispatched to a call about a reckless driver. The caller stated that the defendant was driving recklessly in a neighborhood parking area and almost hitting cars. Officers came in contact with the defendant as he was passed out in his truck in that parking lot. They noticed an odor of alcohol, bloodshot eyes, confused/slurred speech, and he was argumentative. He stumbled, swayed, and needed to use the car for assistance. 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 defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Oct 23, 2025	Case: 25-CT-006210	Judge Hankin
Facts:	The defendant was found passed out in a Wendy's drive through. The employe told the cops that when the defendant ordered, the defendant was slurring his words, had a droopy look, then he passed out for 15 minutes. Along with the police, EMS attempted sternum rubs to get him to wake up. EMS loaded him on the back of a stretcher. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. They also found eleven bottles of vodka and rum in his car. The defendant was unable to coherently form a sentence. No roadside tests were conducted were conducted for safety purposes and he was arrested for DUI. He later refused 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 23, 2025	Case: 25-CT-010373	Judge Scott
Facts:	Police were called to the scene regarding a disturbance. The defendant had been banging on someone's door and then broke it. When officers arrived, the defendant was leaving in her car and driving through the parking lot. Officers noticed an odor of alcohol, slurred speech, and red/glossy eyes. She refused to perform any roadside tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense:	On tape, the defendant's speech was not slurred, she was not off balance or unsteady, and she was totally responsive and coherent. After discussions with the State about the video tape evidence, they Dropped her Second DUI.
Result:	The State dropped the DUI.

Oct 23, 2025	Case: AKWRHFE	Judge Dittmer
Facts:	The defendant was stopped for swerving over the painted lane divider multiple times. Officers observed an odor of alcohol, slurred/mumbled speech, watery eyes, a dazed/blank expression, and unsteadiness. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .142 and .139 in the breath machine.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 22, 2025	Case: 25-CT-026453	Judge Jacobus
Facts:	The defendant crashed his car into a guardrail. When officers arrived, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. The defendant refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The firm provided to the State pictures of the defendant's mouth showing that he had no teeth. That is why his speech was slurred, and not from alcohol. On tape, he was not off balance or unsteady and appeared totally normal.
Result:	The State dropped the DUI.

Oct 22, 2025	Case: 25-CT-035232	Judge Jacobus
Facts:	The defendant was stopped for driving with no lights after dark and swerving. Officers observed an odor of alcohol, heavily slurred speech, a sway to his stance, clumsy dexterity, and watery eyes. He was requested to perform the field sobriety tests, which consisted of the HGN (eye test), one leg stand, finger to nose, and the walk and turn. He performed very poorly on video tape and was arrested for DUI. He later refused a breath test.
Defense:	He was requested to perform the field sobriety tests, which consisted of the HGN (eye test), one leg stand, finger to nose, and the walk and turn. After conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 22, 2025	Case: 25-CT-009038	Judge Taylor
Facts:	The defendant was stopped for speeding and conducting an unlawful U-turn at a red light. Officers noticed an odor of alcohol, fumbling fingers, watery/glassy eyes, a red face, and slurred speech. After performing the HGN (eye test), walk and turn, and the one leg stand exercises, she was arrested for DUI. The defendant 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 22, 2025	Case: 25-CT-011053	Judge Valkenburg
Facts:	The defendant was stopped for a welfare check after he was observed drifting in and out of his lane of travel and straddling the lane markers. Officers observed and odor of alcohol, red eyes, and his movements were slow and lethargic. He also exhibited unsteady balance. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .185 and .182 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 16, 2025	Case: AKWRDHE	Judge Lawhorne
Facts:	The defendant was stopped for swerving over the painted lane dividers several times. Officers noticed an odor of alcohol, mumbled speech, watery eyes, a dazed/blank expression, and she was unsteady on her feet. She performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later blew a .092 and .091 in the breath machine.
Defense:	Due to a .02 margin of error in the breath machine, the firm was able to place both her breath test results under the legal limit. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Oct 16, 2025	Case: AI96IUE	Judge Hessinger
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot eyes, a sway to his stance, and his overall balance was poor. He was requested to perform the field sobriety tests, which consisted of the HGN (eye test), one leg stand, finger to nose, and the walk and turn. The defendant was arrested for DIU and later blew a .106 and .103 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 16, 2025	Case: 25-CT-000883	Judge Grey
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and he used his door for support upon exiting the car. He stumbled while walking, swayed while he stood, and had slightly slurred speech. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .138 and .135 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 16, 2025	Case: 25-CT-008567	Judge Scott
Facts:	The defendant was stopped for a welfare check due to her erratic driving pattern. Officers noticed an odor of alcohol, red/bloodshot eyes, and her movements were lethargic. She fumbled with her documents and her balance appeared unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later blew a .154 and .149 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 15, 2025	Case: 25-CT-002306	Judge Hitzemann
Facts:	The defendant caused a crash by backing up her car into another vehicle in a parking lot. When officers arrived, they did not smell any alcohol. However, officers believed she was impaired by drugs as the defendant had constricted pupils, looked unsteady, and she appeared very lethargic. She appeared as if she was going to fall asleep several times, had mumbled speech, and was drooling. The defendant was unable to complete any roadside tests for safety reasons. The defendant was taken to hospital for precautions. She was arrested for DUI.
Defense:	Under Florida law (Florida DUI statute 316.193), the State must prove that defendant was impaired by a specific controlled or chemical substance. One cannot just be impaired by anything like a bad tomato. Here, they could not prove by what specific substance was allegedly impairing her.
Result:	The DUI was dismissed.

Oct 15, 2025	Case: 25-CT-031904	Judge Ingram
Facts:	The defendant was stopped for speeding and weaving. Officers noticed and odor of alcohol, slow/slurred speech, and lethargic movements. His eyes were also bloodshot and watery, and he was slow to exit the car. He performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .128 and .124 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 15, 2025	Case: 25-MM-014457	Judge Ingram
Facts:	The defendant was the at fault driver in a rear end crash. Officers arrived on scene and noticed watery eyes, constricted pupils, had a hard time focusing, was sweating heavily, and his legs and arms were shaking uncontrollably. There was no odor of alcohol. Believing he was impaired by drugs, he was requested to perform the field sobriety tests, which consisted of the HGN (eye test), one leg stand, finger to nose, and the walk and turn. He was subsequently arrested for DUI and later refused a urine test. This was the defendant's Third DUI.
Defense:	Under Florida law (Florida DUI statute 316.193), the State must prove that defendant was impaired by a specific controlled or chemical substance. One cannot just be impaired by anything like a bad avocado. Here, they could not prove by what specific substance was allegedly impairing him. Also, the officer who conducted the DUI was in training, being told what to do and reading off a sheet of paper. It was clear that the defendant was a Guinea Pig for her to learn how to do a DUI. The State Dropped the Third DUI.
Result:	The State dropped the DUI.

Oct 9, 2025	Case: 25-CT-010616	Judge Gutman
Facts:	The defendant was stopped for being passed out in a lane of travel on the interstate highway. Upon awakening him, officers observed an odor of alcohol, bloodshot eyes, slurred speech, and he admitted to doing three to four shots of tequila. He performed very poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .181 and .168 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.

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