| Nov 17, 2025 | Case: 25-CT-001491 | Judge Compton |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol and marijuana, watery/glassy eyes, slurred/mumbled speech, and his movements were slow and lethargic. After performing the HGN (eye test), one leg stand, finger to nose, estimation of 30 seconds, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations 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
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Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Nov 17, 2025 | Case: 25-CT-000942 | Judge Compton |
| Facts: | Police received a call from an FDOT road ranger about a vehicle that was driving all over the road (i.e., the defendant). The defendant had stopped his car and the road ranger blocked him in. When officers arrived, they noticed an odor of alcohol, bloodshot eyes, dilated pupils, and a slight slur to his speech. The defendant was not asked to perform any roadside tests and arrested for DUI. He later refused a breath test. | |
| Defense: | The firm brought many irregularities in this case to the prosecutor's attention. First, it was completely unknown why no DUI investigation was conducted. In other words, why wasn't he even asked to perform any field sobriety tests. Also, under Florida law, one cannot be requested to take a breath test until after they have been arrested for DUI. Here, the officer requested a breath test prior to arresting the defendant. Finally , the officer wrote in his reports that the road ranger had a dash camera. This was never turned over. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 17, 2025 | Case: 25-CT-000276 | Judge J. Steele |
| Facts: | The defendant was the at fault driver in a traffic crash when she ran a stop sign and t-boned another car. Officers noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and she admitted to having drank a glass of wine. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, the defendant's speech was normal and there were no balance issues. In fact, her field sobriety tests were practically perfect on tape versus what was written in the police reports. Just prior to the trial date, the State Dropped the DUI and she got no conviction and no penalties other than a fine and courts costs. | |
| Result: | The State dropped the DUI. | |
| Nov 12, 2025 | Case: 25-CT-009797 | Judge Gutman |
| Facts: | The defendant was stopped for swerving out of his lane of travel several times. Officers noticed an odor of alcohol, glossy/red eyes, and slurred speech. After performing poorly on the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .189 and .185 in the breath machine. | |
| Defense: | On video, the defendant did not swerve several times as written in the police report. He actually only swerved around one to two times. The firm filed a motion to suppress the evidence based on an unlawful traffic stop. In our motion, we alleged that the driving pattern on tape did not create a reasonable suspicion that the defendant was impaired. In addition, the officer's credibility was called into serious question as he clearly lied about the driving pattern in his police reports, as compared to the dash camera. Just prior to the motion hearing date, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 12, 2025 | Case: 25-CT-008990 | Judge Gutman |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred speech, glossy eyes. He also exhibited unsteady balance. After performing very poorly on the HGN (eye test), one leg stand, finger to nose, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The firm provided medical documentation to the State that the defendant had medical issues preventing him from performing the walk and turn and one leg stand exercises. After negotiations, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 12, 2025 | Case: 25-CT-009803 | Judge Taylor |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, heavily slurred speech, and watery eyes. The defendant stated that he had consumed a few beers. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .111 and .109 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. | |
| Nov 12, 2025 | Case: 25-CT-011478 | Judge Valkenburg |
| 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 consumed two glasses of wine. 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: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 5, 2025 | Case: 25-CT-009390 | Judge Taylor |
| Facts: | The defendant was found passed out in his car at an intersection. Officers, upon awakening him, noticed an odor of alcohol, slow/slurred speech, a sway to his stance, and glassy eyes. He was very confused as to his location and stated that he had just came from a bar. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .168 and .165 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. | |
| Nov 4, 2025 | Case: 25-CT-037320 | Judge Skinner |
| Facts: | The defendant was stopped by police as he was facing northbound in the southbound direction of travel. Many vehicles had to avoid him in order to avoid a collision. Officers observed an odor of alcohol, glassy eyes, and thick tongued speech. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2025 | Case: 25-CT-028642 | Judge Skinner |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. 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. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant performed much better on the field sobriety tests than as described in the reports. In addition, the officer is heard on tape telling that defendant during a conversation that, quote: "Cops are allowed to lie, but I don't." No one could now believe one word he said and his credibility was called into question. After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2025 | Case: 25-CT-039500 | Judge Skinner |
| Facts: | The defendant crashed his car into multiple U-Hauls in a U-Haul parking lot. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He stumbled, swayed, and leaned against his car for balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, he was covered in blood. He did not appear off balance, never stumbled, nor did he have an apparent sway. His speech was normal as well. After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 4, 2025 | Case: 25-MM-004395 | Judge Valkenburg |
| Facts: | A police officer, in his marked car, almost crashed into the defendant because the defendant was stopped and passed out in his car in the middle of a highway. The officer woke the defendant up and moved his car off to the shoulder. The officer was yelling at the defendant to get out of the car and the defendant did not listen. Officers observed an odor of alcohol and bloodshot eyes. 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. He was also charged with resisting an officer without violence for refusing to get out of the car. | |
| 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 3, 2025 | Case: 25-CT-000934 | Judge Justice |
| Facts: | The defendant was stopped for speeding (100mph in a 60mph zone). Officers noticed an odor of alcohol bloodshot, and slurred speech. His coordination was poor and he displayed a poor ability to understand. 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: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2025 | Case: 25-CT-009818 | Judge Scott |
| Facts: | The defendant was stopped for weaving. He was drifting from the fog line to the double yellow line several times. Officers noticed an odor of alcohol, glassy eyes, and he admitted to consuming one drink. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .107 and .106 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 30, 2025 | Case: 25-CT-011443 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Offices noticed an odor of alcohol, glossy eyes, slurred speech, and he admitted to having drank alcohol. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .151 and .140 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 30, 2025 | Case: 25-CT-012632 | Judge Allen |
| Facts: | The defendant was found passed in his car by police. Upon awakening him, officers noticed an odor of alcohol, slurred speech, inconsistent statements. and difficulty following directions. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .180 and .175 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 30, 2025 | Case: 25-CT-009090 | Judge Allen |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, glassy eyes, and he admitted to having consumed two drinks. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .144 and .139 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 30, 2025 | Case: 25-CT-020243 | Judge Koenig |
| Facts: | The defendant was observed by the police in a parking garage and told do not drive because he seemed intoxicated. The defendant drove anyway and was later seen by the officer exiting the parking garage. The defendant did not come to a complete stop and then drove on the sidewalk. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. 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: | One tape, the defendant's speech was normal and he was not off balance. They tried to make him out to be a falling down drunk in the reports but that was totally contradicted by the videotape. The State Dropped the DUI after negotiations. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2025 | Case: 25-CT-037280 | Judge Koenig |
| Facts: | The defendant was stopped for having no working taillights. Officers noticed an odor of alcohol, watery/glassy eyes, slurred speech, and she admitted to consuming one drink. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .146 and .142 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 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. | |
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