| Sep 3, 2025 | Case: 24-CT-008488 | Judge Taylor |
| Facts: | The defendant was found passed out in his car as it rested against a pole. Officers got the defendant to wake up and noticed an odor of alcohol, slurred speech, and an unsteady gait. He admitted to having consumed two-three beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding evidence and the defendant, the State 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
| Sep 3, 2025 | Case: 25-CT-003999 | Judge Taylor |
| Facts: | The defendant was stopped for driving eastbound in the westbound lane. Officers observed an odor of alcohol, watery eyes, and he admitted to having drank two beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He then blew a .095 and .091 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 3, 2025 | Case: 25-CT-003862 | Judge Taylor |
| Facts: | The defendant was stopped for swerving in and out of his lane and driving in the bike lane. Officers observed an odor of alcohol, bloodshot eyes, and he admitted to having drank vodka. 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 officer's credibility was called into question. On tape, he kept calling the defendant "Michael" which is not the defendant's name. The defendant kept correcting him by stating, "that is not my name." The State Dropped the DUI after negotiations. | |
| Result: | The State dropped the DUI. | |
| Sep 3, 2025 | Case: 25-CT-003703 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glassy eyes, a blank/dazed stare, fumbling fingers, and poor coordination. He admitted drinking in one beer, appeared confused, had slow/deliberate movements, and a lethargic appearance. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the defendant was not confused, he had good coordination, and did not move slow or deliberate. He also did not appear lethargic. Every observation the officer wrote in his reports was contradicted by the video tape. After conversations with the State, they Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 28, 2025 | Case: 25-CT-004941 | Judge Rich |
| Facts: | The defendant was found passed out in her can in the middle of the road. Officers observed an odor of alcohol, red/watery eyes, and she also swayed and stumbled. After performing the HGN (eye test), one leg stand, and walk and turn exercises, she was arrested for DUI. She later blew a .155 and .154 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. | |
| Aug 28, 2025 | Case: 25-CT-005459 | Judge Rich |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, glossy eyes, unsteady balance, and the defendant admitted to having consumed alcohol. After performing the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .122 and .119 in the breath machine. | |
| Defense: | After pretrial conversations with the State regarding the evidence and the Defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 28, 2025 | Case: 25-CT-003704 | Judge Rich |
| Facts: | The defendant was stopped for failing to maintain a single lane, stopping past a stop bar at a red light, and accelerating unusually fast. Officers noticed an odor of alcohol, fumbling fingers, glassy eyes, and unsteady balance. The defendant admitted to having consumed alcohol at a work event. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After pretrial negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 27, 2025 | Case: 25-CT-005455 | Judge Valkenburg |
| Facts: | The defendant was stopped after his car jumped over the curb at a Chick fil-A and almost hit a police car. Officers approached the defendant's car and he was passed out. Upon awakening him, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He also had decreased motor skills. After performing poorly on 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 conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 21, 2025 | Case: ALE824E | Judge Szematowicz |
| Facts: | The defendant was stopped for running a flashing red light and almost hitting a cop. The officer pulled the defendant over and went up to his car. Right off the bat, the officer calls in "signal one" (code for DUI). The officer says he noticed a marijuana shaker on the floorboard. The officer observed the defendant to have red/glassy eyes, slow/raspy speech, lethargic movements, and there was no odor of alcohol. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a urine test. | |
| Defense: | The officer had no basis to call in signal one (code for DUI) as he hadn't even made any observations. It was obvious he was aggravated the defendant had almost cut him off. However, that was not true, because on tape, the defendant hadn't even come close to the officer when he ran the flashing red. In fact, the defendant realized he had went past it then stopped short. Also, there were no pictures taken nor any discussion of any marijuana shaker, if it even existed to begin with. The officer never asked the defendant one question such as: where are you coming from, have you taken drugs, gave you been drinking (Nothing). The firm sent a letter requesting a dismissal of the DUI and the State agreed and they Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 21, 2025 | Case: AJF4T1E | Judge Dittmer |
| Facts: | The defendant was found by police in his car parked sideways and across multiple parking spaces. When officers went up to talk to him, they noticed an odor of alcohol, slurred speech, and bloodshot eyes. He swayed and stumbled while standing outside the car. The defendant performed poorly on the walk and turn and one leg stand exercises. The defendant couldn't perform the HGN (eye test), because kept moving his head. He was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 21, 2025 | Case: AJ8ZRWE | Judge Lawhorne |
| Facts: | The defendant drove over a curb, struck a pedestrian crossing sign, and then struck a light pole. The car skidded in the grass and then turned upright. There was no odor of alcohol, but officers noticed droopy eyelids, swaying, unsteadiness, he was very uncooperative/combative. His speech was mumbled and incoherent, as well. EMS arrived and had to strap him down and sedate him. He was then taken to the hospital for treatment. The police charged him with DUI and he later provided a urine sample. The defendant's urine tested positive for midazolam ( a sedating drug used in hospitals) and also evidence of marijuana. | |
| Defense: | The defendant was definitely impaired and out of his mind on tape. However, the firm got the defendant's EMS records from the scene. They revealed that it was EMS that gave him the drug (midazolam), not as the State originally thought that the defendant used it to get drugged up. We also pointed out that the urinalysis for marijuana was not suitable for analysis and was flawed. The State agreed Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 19, 2025 | Case: 25-CT-028011 | Judge T. Brown |
| Facts: | The defendant was stopped for swerving all over the roadway, failing to maintain a single lane, and driving in the emergency lane. There was no odor of alcohol, but officers noticed slurred speech, she was unable to formulate a sentence, and had a flushed face. Her eyes appeared slightly dilated, she stumbled, could not stand up straight, and she needed to lean on her car for balance. The defendant denied taking any drugs, but officers believed she was under the influence of drugs based on their observations. She performed poorly on roadside tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later refused a breath and urine test. Officers found a pill bottle with D-Amphetamine salt combo upon a search incident to arrest. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 18, 2025 | Case: 25-CT-025456 | Judge Jacobus |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery eyes, and he stumbled while walking. He also appeared to move slow, appeared unsteady, and staggered. After performing various field sobriety tests such as the HGN (eye test), walk and turn, one leg stand, he was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant had no understanding of the instructions on the field sobriety tests. His first language is Vietnamese and speaks very little English. In addition, he did not appear off balance or unsteady on tape, versus what was written in the police reports. After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 18, 2025 | Case: 24-CT-004534 | Judge Gould |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/glassy eyes, and droopy eyelids. He also seemed to appear sluggish, have an uneasy walk, and an orbital sway. The defendant denied consuming any alcohol. The defendant agreed to perform the HGN (eye test) and refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI arrest. | |
| Defense: | The firm announced ready for trial. On tape, the defendant had no sway, was not sluggish, and did not appear "uneasy." In fact, we put forth that to us, none of his normal faculties were impaired. After negotiations a couple of weeks prior to the trial date, the State Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 18, 2025 | Case: 25-CT-033052 | Judge Koenig |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glossy eyes, and slurred speech. He also appeared disoriented, walked slow, and seemed confused. The defendant then performed the HGN (eye test), one leg stand, and finger to nose exercises. He was subsequently arrested for DUI. | |
| Defense: | On tape, the defendant seemed to have no idea what the officers were telling him or advising him as far as the instructions on the field sobriety tests. His first language is Creole, not English. Officers made no effort to try to find an officer who speaks Creole. After conversations with the State about what took place on tape, the State Dropped the DUI to a Civil Careless Driving infraction. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2025 | Case: 25-CT-001395 | Judge Scott |
| Facts: | The defendant was found passed out in his car on the side of the road blocking an entrance way. Upon awakening the defendant, they noticed an odor of alcohol, glassy eyes, slurred speech, and unsteady balance. The defendant performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was his Second DUI. | |
| Defense: | After negotiations with State, we pointed out that on tape the defendant told them that he was trying to do the right thing by not driving. He also told them that he had pulled over hours before the police came in contact with him. We also raised issues about a lack of actual physical control. Prior to the trial date, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2025 | Case: 25-CT-002446 | Judge Scott |
| Facts: | The defendant was stopped for careless driving. He was alleged to have rapidly accelerated spinning his tires, crossing over three lanes to enter a turn lane, and speeding. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests such as the HGN (eye test), walk and turn, and one leg stand exercises. The defendant later blew .179 and .178 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. | |
| Aug 14, 2025 | Case: 25-CT-007823 | Judge Taylor |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The defendant denied consuming any alcohol. The defendant then stated, "Just arrest me," and refused to do any field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest. | |
| Defense: | On tape, the defendant's speech was not slurred and he did not appear unsteady. After negotiations with the prosecutor, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2025 | Case: 25-CT-001761 | Judge Bonavita |
| Facts: | The defendant was stopped for speeding. He was traveling 116 mph. Officers stopped him and noticed an odor of alcohol, bloodshot/watery eyes, and slow/slurred speech. The defendant stated he had drank beer. He then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. He was arrested for DUI and also reckless driving for his very excessive speed. After his arrest, he refused a breath test. | |
| Defense: | The firm had conversations with the State regarding the videotape that we received in discovery. On tape, the defendant did not appear to be impaired on any of his field sobriety tests. This was truly a case about excessive speeding, not DUI. The State agreed and Dismissed the DUI charge and we resolved the other charge of reckless driving. | |
| Result: | The DUI was dismissed. | |
| Aug 12, 2025 | Case: 25-CT-007372 | Judge Rich |
| Facts: | The defendant was stopped for speeding. Officers observed and odor of alcohol, glassy/watery eyes, and slow/lethargic movements. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | We had a conversation with the prosecutor and pointed out that on tape, not one of the defendant's normal faculties were impaired. In addition, his movements were not slow or lethargic. Also, one deputy told the defendant on tape that he was being arrested for "drinking and driving." It is not a crime in Florida to drink and drive. What is a crime is to drive while your normal faculties are impaired. The State agreed and Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.