| May 1, 2009 | Case: 08-010263MM10A | Judge Ross |
| Facts: | The police were dispatched in reference to a black truck parked improperly on the highway with someone sleeping inside. When the police arrived, they made contact with the defendant who was eating "taco bell". The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated that he had four beers and was coming home from a concert. He performed the following field sobriety tests. On the one leg stand the defendant placed his foot down 3 times. On the walk and turn test he failed to touch heel to toe 16 out of 18 times. The defendant was arrested for DUI and blew a .105 in the breath machine. | |
| 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
| May 1, 2009 | Case: 2008MM021691AXXX | Judge Martz |
| Facts: | The defendant was found in a ditch off of the roadway. The officer made contact with the defendant and observed an odor of alcohol and bloodshot eyes. He informed the defendant that he was conducting a DUI investigation. He was subsequently arrested for DUI and refused a breath test. | |
| Result: | The DUI was dismissed. | |
| Apr 29, 2009 | Case: 2008-CT-006673AXX (JURY TRIAL) | Judge Moyle |
| Facts: | The defendant was stopped for allegedly weaving three times into the bike lane during a DUI saturation patrol. The officer observed an odor of alcohol and glassy eyes. A DUI officer was called who conducted a DUI investigation. He observed balance problems, an odor of alcohol, and slurred speech. The defendant performed the walk and turn, one leg stand, alphabet, and finger to nose tests. According to the officer, he failed them and was arrested for DUI. After his arrest, he blew .10 (over the legal limit) into the breath machine. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Apr 27, 2009 | Case: 6446-XDX | Judge Ortiz |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer observed an odor of alcohol, slurred/slow speech, and bloodshot/watery eyes. The defendant refused both the field sobriety tests and the breath test. | |
| Result: | The State Dropped the DUI on the morning of trial. | |
| Apr 24, 2009 | Case: 07-025830MM10A | Judge Diaz |
| Facts: | The defendant was found passed out in his car by the police. The officer observed an odor of alcohol, flushed face, and red eyes. When asked for his drivers license, the defendant gave the officer money. The defendant failed every roadside test and was arrested for DUI. After his arrest, he blew a .221 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Apr 24, 2009 | Case: 08-025744MM10A | Judge Ross |
| Facts: | The defendant was stopped for speeding and drifting within her lane. The officer observed an odor of alcohol, mumbled speech, glassy eyes, and a flushed face. The defendant performed the roadside tasks. For example, on the one leg stand, she lost her balance on number three. On the walk and turn, she started early and did not touch heel to toe. Finally, on the finger to nose, she did not keep her head tilted back and did not keep her feet together. After her arrest for DUI, she refused the breath test. | |
| Result: | The DUI was Dismissed prior to trial as the video contradicted everything the officer wrote. | |
| Apr 23, 2009 | Case: 98-033226MM10A | Judge Diaz |
| Facts: | The defendant was found asleep in his car by the police. The officer noticed an odor of alcohol, mumbled speech, and he was unsteady and staggering on his feet. He failed all the roadside tests. For example, on the walk and turn, he was off balance during the entire exercise. On the one leg stand, he put his foot down and swayed. After his arrest for DUI, he blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 22, 2009 | Case: 08-007523MM10A | Judge Gehl |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant refused to conduct roadside tasks at the request of the officer. He then refused the breath test. | |
| Result: | The State Dismissed the DUI since they would not be able to prove beyond a reasonable doubt that the defendant's "normal faculties were impaired." | |
| Apr 20, 2009 | Case: 2571-XDP | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and watery eyes. He called for a DUI unit to conduct roadside tasks. On the walk and turn, the defendant used his arms for balance, did not touch heel to toe, and lost his balance during the instructions. On the one leg stand, he put his foot down three times and used his arms for balance. He was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 20, 2009 | Case: 0067-XDK | Judge Seraphin |
| Facts: | The defendant was stopped for numerous improper lane changes and speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unsteady on his feet. The defendant could not perform any of the roadside tasks according to the officer's reports. He was arrested for DUI and refused the breath test. | |
| Result: | The State read the sworn deposition on the morning of trial and then Dismissed the DUI. | |
| Apr 14, 2009 | Case: 08-CT-509074 | Judge Adams |
| Facts: | The defendant was stopped for an having an expired tag. The officer noticed an odor of alcohol, bloodshot eyes. She performed roadside tests at the request of the officer. According to the officer, she did not perform to standards and was arrested for DUI. After her arrest, she refused the breath test. | |
| Result: | Prior to trial, the State agreed and dropped the DUI. | |
| Apr 14, 2009 | Case: 08-6648MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding and making an illegal right turn. The officer initially observed an odor of alcohol and glassy eyes. The officer performed several field sobriety tests and was subsequently arrested for DUI. He subsequently blew a .185 in the breath machine. | |
| Result: | The State dismissed the DUI prior to the motion being heard. | |
| Apr 14, 2009 | Case: 08-017281MM10A | Judge Cowart |
| Facts: | The defendant was stopped for blocking traffic and then subsequently speeding. The officer observed an odor of alcohol and slurred/mumbled speech. The officer then stated that the defendant was unsteady while exiting the vehicle. He performed the one leg stand, walk and turn, finger to nose, as well as the HGN (eye test). The defendant was subsequently arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Apr 13, 2009 | Case: 3959-XDK | Judge Miranda |
| Facts: | The defendant was stopped for failure to yield by pulling out in front of an officer. The officer observed an odor of alcohol, a flushed face, and slurred speech. The defendant refused to do the roadside tests and was arrested for DUI. After his arrest, he took a breath test and blew a .230 (almost three times the legal limit). | |
| Result: | The DUI was Dismissed on speedy trial grounds. | |
| Apr 13, 2009 | Case: 9003-XEJ | Judge Krieger-Martin |
| Facts: | The defendant was stopped for almost striking a median and failing to signal which affected an officer who was behind him. The officer observed an odor of alcohol, bloodshot eyes, and a sleepy look. The defendant performed the roadside tasks at the request of the officer. According to the officer, he performed poorly and was arrested for DUI. He then refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 11, 2009 | Case: 09-CT-014423AXX | Judge Bonavita |
| Facts: | The defendant was found in his vehicle by the police parked on a sidewalk. He was passed out behind the wheel. The lights were on, but the keys were on the passenger seat. When the officer finally awoke the defendant after several minutes, he noticed an odor of alcohol and slurred speech. The defendant stated he had many drinks and thought he was actually on the Sawgrass Expressway. The defendant was asked to step out of the car and was unsteady, incoherent, and had trouble standing. He refused the roadside tests and was arrested for DUI. | |
| Result: | Moments before picking a jury, the State Dropped the DUI. | |
| Apr 11, 2009 | Case: 2009-CM-017152 | Judge Lefler |
| Facts: | The defendant was stopped for making an improper turn. The officer observed an odor of alcohol, watery eyes, and slurred speech. The defendant performed the roadside tests which were video taped. According to the officer, he performed poorly and was arrested for DUI. Numerous beers were found in the defendant's car. After his arrest, he blew a .091 and .090 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Apr 6, 2009 | Case: 08-101MM10A | Judge Gehl |
| Facts: | The defendant was stopped for driving eastbound in the west bound lanes. The defendant also ran a red light. The officer observed an odor of alcohol and glassy eyes. She stated she had three glasses of wine. The defendant refused the roadside tests and the breath test. | |
| Result: | Both motions were granted and the State Dropped the DUI. | |
| Apr 5, 2009 | Case: 48-2008-CT-004316-O | Judge Brewer |
| Facts: | The defendant was stopped for weaving and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had two drinks and fumbled while looking for his driver's license. The defendant was arrested after performing the roadside tasks. He blew a .120 in the breath machine after his arrest for DUI. | |
| Result: | The DUI was Dismissed. | |
| Apr 3, 2009 | Case: 2008CT02909 | Judge Arnold |
| Facts: | The defendant was stopped for failure to maintain a single lane. The officer observed a strong odor of alcohol, bloodshot eyes and a flushed face. After failing each of the sobriety tests the defendant was arrested for DUI. While in jail, the defendant appeared in front of a judge. Without a lawyer, the defendant was convinced to take a plea to a DUI. After being released from jail, he subsequently retained the firm to undo his plea and defend his case. | |
| Result: | The State dropped the DUI. | |
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