| Feb 4, 2007 | Case: 188014-J | Judge Arzola |
| Facts: | The defendant was stopped for speeding as he was driving 85 mph in a 60 mph area. Once stopped, the officer observed an odor of alcohol, slurred speech, and saw the defendant having balance problems exiting the car. The defendant performed the walk and turn, rhomberg balance, and finger to nose tests. For example, on the walk and turn, the defendant took too many steps and stepped off the line. Furthermore, on the finger to nose, he missed the tip of his nose and on the balance he swayed and could not keep his head tilted back. After his arrest for DUI, he refused the breath test. | |
| 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
| Jan 30, 2007 | Case: 05-016533MM10A (JURY TRIAL) | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving the wrong way into oncoming traffic. On video the defendant had extremely slurred speech, was completely off balance during the one leg stand and had a strong odor of alcohol. At trial the arresting officer testified to all of the above as well as bloodshot eyes, slurred speech and droopy eyelids. | |
| Result: | The Judge dismissed the charges after the State Attorney rested based on the lack of credibility of the police officers. | |
| Jan 24, 2007 | Case: 06-003147MM10A | Judge Murphy |
| Facts: | The defendant was stopped for making a wide turn across 3 lanes of traffic and then weaving on the roadway. After observing a strong odor of alcohol, bloodshot eyes and slurred speech, the officer called for a DUI deputy. The deputy made the same observations, as well as a lack of balance. The defendant failed the field sobriety tests and was subsequently arrested for DUI. He later blew a .121 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jan 19, 2007 | Case: 06-CT-1228-XAM | Judge Barber |
| Facts: | The defendant was initially seen by an officer standing outside her car. The defendant's car was obstructing traffic at the time the officer came upon the scene. The officer approached the defendant and asked if it was her car in which the defendant told her "yes". The officer noticed and odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called and made similar observations. The defendant was asked to perform field sobriety tests which she failed. After her arrest for DUI, the defendant blew a .215 in the breath machine. | |
| Result: | On the day of the motion hearing, the STATE DROPPED THE DUI. | |
| Jan 19, 2007 | Case: 06-CT-1908-XAM | Judge Barber |
| Facts: | The defendant was stopped for weaving and almost hitting a curb which was captured on video. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests which were also video taped. After his arrest for DUI, the defendant blew a .195 in the breath machine. | |
| Result: | The Judge GRANTED THE MOTION TO SUPPRESS and threw out all the evidence in the case. | |
| Jan 17, 2007 | Case: 05-11405MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding. The officer stated there was a delay in the defendant responding to his police lights. He observed an odor of alcohol, blood-shot eyes, and slurred speech. The defendant refused the roadside tests. The defendant was slow and sluggish in answering the officer's questions. He subsequently tested positive for marijuana in a urine test. | |
| Result: | On the morning of jury trial, the STATE DROPPED THE DUI. | |
| Jan 16, 2007 | Case: 4673-XAP | Judge Newman |
| Facts: | The defendant lost control of her vehicle and was involved in an accident. The officers noticed an odor of alcohol, bloodshot eyes and slurred speech. Because of the physical condition of the defendant, a breath test was impractical. The blood test revealed a .186 alcohol level. | |
| Result: | The blood test was excluded and the State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-009168-XDK | Judge Rice |
| Facts: | The defendant was sleeping in a vehicle with the keys in the ignition and the engine running. The officer observed an odor of alcohol and bloodshot eyes. She failed the one leg stand as well as the walk and turn tests. She was arrested for DUI and blew a .163 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-0289-EZH | Judge Rice |
| Facts: | The defendant ran a red light causing a traffic crash. The Deputy observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness on his feet. In addition to providing the defendant with field sobriety tests, the deputy also had him blow into a portable breath machine called an alco-sensor. The alco-sensor registered positive for alcohol and the defendant was arrested for DUI. At the police station, the defendant blew a .158 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 10, 2007 | Case: 07-CT-8304-XCF | Judge Rice |
| Facts: | The defendant was stopped for failing to maintain a single lane 6 times with a quarter of a mile. The officer detected an odor of alcohol and the defendant admitted to drinking 2 beers and taking anxiety medication. The defendant was unsteady on her feet and allegedly failed the field sobriety tests. She was subsequently arrested for DUI. She blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jan 3, 2007 | Case: 06-CT-030599ASB (TRIAL) | Judge Marx |
| Facts: | The defendant was stopped for crossing over lanes of traffic without signaling, hitting his brakes numerous times, and driving at different speeds. The officer observed an odor of alcohol, thick/slurred speech, and bloodshot eyes. The defendant was also argumentative with the officer. The defendant refused the roadside tests and breath test. | |
| Result: | The defendant was found NOT GUILTY AT TRIAL. | |
| Dec 20, 2006 | Case: 06-9110MM10A | Judge Ross |
| Facts: | The defendant was involved in an accident whereby he struck a flatbed wrecker. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and appeared to be lethargic. Prior to the field sobriety tests he was swaying side to side and wobbling. On the walk and turn he failed to walk heel to toe and stepped off the line. On the finger to nose he failed to touch the tip of his nose and used the wrong hand. On the one leg stand he failed to keep his foot in the air. He was subsequently arrested for DUI. This was his SECOND DUI. | |
| Result: | Motion granted DUI Dismissed. | |
| Dec 9, 2006 | Case: CT-001448-XAM | Judge Lefler |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to drinking and performed poorly on roadside tests. He blew a .109 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 9, 2006 | Case: CTC-069970-XAN-TWS (JURY TRIAL) | Judge Salton |
| Facts: | The defendant was stopped driving with his high beams. The officers noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant staggered as he exited the vehicle and was unsteady on his feet. He performed poorly on roadside tests. For example, he put his foot down numerous times on the one leg stand. On the walk and turn, he never touched heel to toe, used his arms for balance, and stepped off the line. The defendant also incorrectly recited the alphabet. | |
| Dec 7, 2006 | Case: 04-005134MM10A (JURY TRIAL) | Judge Gehl |
| Facts: | The defendant was seen driving 72mph in a 50mph zone. After the police put their lights on the defendant failed to pull over for approximately 1/2 of a mile. The officer noticed an odor of alcohol and bloodshot eyes. The defendant was asked to perform 3 field sobriety tests which were all on video. On the one leg stand the defendant could not raise his foot off the ground for more than 2 seconds. On the walk and turn test the defendant failed to touch heel to toe and took the improper number of steps. On the finger to nose test the defendant failed to touch the tip of his nose to the tip of his finger. He was arrested for DUI and blew a .086 in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY in 5 minutes. | |
| Dec 6, 2006 | Case: 376783-W (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was stopped for making an illegal turn and almost colliding with a police officer. The initial officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After the defendant exited his vehicle, the officer noticed the defendant staggering as he walked. Based on these observations, he called for a DUI task force officer to conduct an investigation. Upon arrival, the DUI task force officer made observations that were consistent with driving under the influence. The officer conducted the eye test (HGN) and the defendant refused further testing. He was subsequently arrested for DUI. | |
| Result: | The jury found the defendant NOT GUILTY in 15 minutes. | |
| Dec 6, 2006 | Case: 386248-W | Judge Newman |
| Facts: | The defendant was stopped for racing on the highway. The officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant admitted to having some cranberry and vodkas. He performed poorly on roadside tests. For example, on the walk and turn, he raised his arms for balance and took the incorrect number of steps. On the one leg stand, the defendant put his foot down three times and raised his arms for balance. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 6, 2006 | Case: 04-25327MM10A | Judge Diaz |
| Facts: | The defendant was involved in an accident. While on scene, the officers observed an odor of alcohol, slurred speech, blood-shot eyes. While observing the defendant walk, he was very unsteady on his feet. The defendant admitted to drinking six beers to one of the officers and that he was the driver in the accident. The defendant was transported to the hospital where he refused to submit to a blood test. | |
| Result: | The motion was granted and the statements made by the defendant were excluded from evidence. The State was unable to prove the defendant was the driver of the vehicle. The State dropped the DUI. | |
| Dec 5, 2006 | Case: 05-003174TCA02 | Judge Damico |
| Facts: | The defendant was involved in a crash which he flipped over on his motorcycle. He was transported to the hospital for his injuries. When the officer arrived at the hospital to investigate the crash, he observed the defendant to have an odor of alcohol, slurred speech, and severe balance problems. Blood was taken from the defendant which revealed a blood alcohol level of a .232. | |
| Result: | The State dropped the DUI. | |
| Nov 29, 2006 | Case: 06-5179MM10A | Judge Gehl |
| Facts: | The defendant was stopped for swerving off of the roadway and onto the grass. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer noticed that the defendant held onto the door for balance. On the walk and turn test the officer stated that the defendant failed to walk heel to toe and stepped off the line. On the one leg stand he observed swaying from side to side. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
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