| Sep 25, 2025 | Case: 25-CT-011487 | Judge Rich |
| Facts: | The defendant was found passed out in his car at an intersection. Upon awakening him, officers observed him to have an odor of alcohol, bloodshot/watery eyes, and he was unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .129 and .117 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. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Sep 24, 2025 | Case: 25-CT-009788 | Judge Taylor |
| Facts: | The defendant was stopped for driving with no lights after dark and weaving. Officers noticed an odor of alcohol, fumbling fingers, slurred speech, and watery/glassy eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .183 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. | |
| Sep 24, 2025 | Case: 25-CT-002582 | Judge Taylor |
| Facts: | The defendant was the at fault driver in a side swipe crash. Officers observed an odor of alcohol, a flushed face, bloodshot eyes, unsteady balance, and slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant's speech was normal and not slurred. His balance was not unsteady and walked around and stood normally. In addition, he was totally responsive and coherent. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 24, 2025 | Case: 25-CT-027874 | Judge Garagozlo |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, and the officer noticed several beer cans in the car. The defendant appeared unsteady, stumbled, and he swayed while he stood. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .181 and .172 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 24, 2025 | Case: 25-CT-036182 | Judge Garagozlo |
| Facts: | The defendant was stopped for weaving into the bicycle lane multiple times. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant admitted to having consumed two drinks, staggered as he walked, and swayed while he stood. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .155 and .142 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. | |
| Sep 24, 2025 | Case: 25-CT-021677 | Judge Garagozlo |
| Facts: | The defendant was stopped for running a red light and nearly causing a collision. Officers noticed an odor of alcohol, glassy/watery eyes, slurred speech, and she admitted to having taken several medications. She also stated that the medications that she takes do not mix well with alcohol. Her movements were slow and sluggish and she appeared unsteady. Believing she was impaired by drugs, the defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a urine test. This was the defendant's Second DUI. | |
| Defense: | After negotiations with State regarding the evidence and the defendant, the State Dropped her Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 22, 2025 | Case: 25-CT-010932 | Judge Gutman |
| Facts: | The defendant was involved in a traffic crash. When officers arrived, they noticed an odor of alcohol, slurred speech, bloodshot/glassy eyes, and he admitted coming from a bar. He refused to do all field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The defendant was not the at fault driver. Another driver ran a red light and plowed into the defendant and another person. On tape, his speech was totally normal, he had no balance issues, and he was responsive and coherent. Also, he had no sway and walked normally. He did not look or sound impaired at all on tape. He was the victim. After conversations with the State regarding the facts, the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 18, 2025 | Case: 25-CT-023250 | Judge Jacobus |
| Facts: | Officers were called to the scene of a Hooters parking lot in reference to a suspicious vehicle driven by the defendant. The caller from Hooters stated that the defendant was causing a disturbance over a bill dispute and they had to stop serving the defendant alcohol because he was too drunk. Officers observed an odor of alcohol, glassy/watery eyes, and a flushed face. The defendant then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant's speech was normal. He was not off balance or unsteady, and appeared very responsive and coherent. His walk and turn, finger to nose, and one leg stand were almost perfect. After conversations with the State regarding the evidence, they Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 18, 2025 | Case: 24-CT-059241 | Judge Jacobus |
| Facts: | Officers were called out regarding a reckless driver riding on his rims. The civilians who called the police were on scene as well. When officers arrived, they noticed the defendant's van with no tires (on its rims) in the left lane parked in a slanted manner. Officers went up to the defendant and noticed an odor of alcohol, slurred speech, and a flushed face. The defendant was very argumentative and belligerent. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Fourth DUI. | |
| Defense: | Parks & Braxton filed a motion to suppress the evidence based on an unlawful arrest. There was no traffic crash, and when officers arrived, the defendant was standing outside his van. Pursuant to Florida Statute 901.15, the arrest was unlawful due to the fact the misdemeanor (i.e., the first element of DUI: driving or actual physical control) did not occur in the officer's presence and there was no exception for a traffic crash. The fellow officer rule does not apply as the wheel witness was a civilian, and not a law enforcement officer. The State agreed that the arrest was unlawful and prior to any motion hearing being held, the State Dropped the defendant's Fourth DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2025 | Case: 25-CT-028668 | Judge T. Brown |
| Facts: | A concerned citizen dialed 911 stating that the defendant was swerving and driving recklessly. Officers spotted the defendant and observed him weaving all over the road and fluctuating speeds. Officers observed an odor of alcohol, bloodshot eyes, and slow speech. His movements were lethargic and he used his car for balance. After performing the HGN (eye test), estimation of 30 seconds, finger to nose, and one leg stand 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. | |
| Sep 15, 2025 | Case: 24-CF-014237 | Judge Green |
| Facts: | The defendant was stopped for speeding and straddling the yellow line. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. While performing the HGN (eye test), the defendant kept moving her head and yelling. The defendant refused to do any other roadside tests and kept talking over the officer. While the defendant was being arrested for DUI, she tensed up and used her weight to resist being cuffed. She was cursing at the officers as well. Post arrest, the officers found cocaine in her bra. At the breath facility, she refused a breath test. The defendant was charged with DUI, Felony Possession cocaine. and resisting an officer without violence. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI and the defendant received no criminal convictions on any of the three charges. | |
| Result: | The State dropped the DUI. | |
| Sep 15, 2025 | Case: 25-CT-003263 | Judge Legler |
| Facts: | The defendant drove his motorcycle into oncoming traffic then crashed into a ditch. Officers noticed an odor of alcohol, bloodshot/watery eyes, and he had a bracelet on from a bar. He refused to do any field sobriety tests and was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | When the officer arrived, he put cuffs on the defendant because the defendant tried to accelerate on his bike. The defendant was simply doing that to try to get the bike out of the ditch and didn't even see or hear the cop. We put forth that there was unlawful "arrest" prior to any DUI investigation, based on the unlawful handcuffing and placing the defendant into custody. | |
| Result: | The State dropped the DUI. | |
| Sep 11, 2025 | Case: AL8GI9E | Judge Hessinger |
| Facts: | An officer was finishing a service call in a parking garage and noticed the defendant's head pressed into the glass window and not moving. As the officer exited his patrol car and approached, the driver's door opened, and the defendant appeared to slump down even lower and almost fell from the driver's seat. He then began vomiting outside the driver's door. The officer noticed an odor of alcohol, heavily slurred speech, and trouble coherently organizing his thoughts. When asked if he had been drinking, the defendant stated "a bit too much. " The defendant performed poorly on the only field sobriety test which was the walk and turn. He was arrested for DUI and later blew a .178 and .177 in the breath machine. | |
| Defense: | The officer wrote in his report that as he approached the defendant, the drivers' door opened, he almost fell out, and the defendant began vomiting. However, on tape, when the officer pulled up and got out of car, you can see the defendant passed out. No door opened and he was not vomiting in front of the officer. The officers credibility was called into question. After conversations with the State regarding the contradictions between the reports and the video, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 11, 2025 | Case: AJF4VVE | Judge Szematowicz |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slow/mumbled speech, a dazed expression, and glassy/watery eyes. After performing the HGN (eye test), finger to nose, walk and turn, and one legs and exercises, he was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 11, 2025 | Case: 25-CT-007002 | Judge Gutman |
| Facts: | The defendant was stopped for an expired tag. Officers observed an odor of alcohol, slow/slurred speech, and lethargic actions. The defendant denied drinking any alcohol and also handed the cop a credit card instead of his license. The defendant refused to do any field sobriety tests and 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. | |
| Sep 11, 2025 | Case: 25-CT-007866 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red/bloodshot eyes. His movements were lethargic and he appeared unsteady. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused the breath test. | |
| Defense: | We pointed out to the State, that on the on video tape, none of the defendant's normal faculties were impaired. After conversations with the State about the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 9, 2025 | Case: 25-CT-026456 | Judge Garagozlo |
| Facts: | The defendant was stopped for driving in the bicycle lane and speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, slow dexterity, unsteadiness, and 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 .153 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. | |
| Sep 9, 2025 | Case: 25-CT-003151 | Judge Gutman |
| Facts: | The defendant was the at fault driver in a rear end crash whereby he was driving a semi-truck. Officers noticed an odor of alcohol and watery/glassy 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. | |
| Defense: | The trooper wrote a very vague and poorly written report, most likely assuming we can see all the specifics the field sobriety tests on his dash cam. However, the police department could not retrieve the footage. After the prosecutor tried several times and could not locate the video, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2025 | Case: 25-CT-501378 | Judge George |
| Facts: | The defendant was stopped for speeding and swerving in and out of his lane on three occasions. Officer noticed an odor of alcohol, he fumbled with his documents, had bloodshot eyes, slurred speech, and poor coordination. He then performed the HGN (eye test), walk and turn, and one legs stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, he had no coordination issues and his speech was normal. Many observations that were written in the police reports, relating to the field sobriety tests, were contradicted by the video. Prior to the trial date, we had negotiations with the prosecutor and they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 8, 2025 | Case: 25-CT-501332 | Judge Paluck |
| Facts: | The defendant crashed his car and when police arrived it was upside down in the woods. After the defendant crawled out of his car, officers observed the defendant to have an odor of alcohol, a flushed face, dilated pupils, and bloodshot eyes. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | Even after being involved in a rollover crash, on tape, the defendant's speech was normal, he had no balance issues, was polite, and seemed responsive and coherent. He performed much better on the field sobriety tests than as described in the reports. After conversations with the State before the trial date, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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