| Jul 31, 2006 | Case: 06-CT-501508 | Judge Volz |
| Facts: | The defendant was stopped by police at a sobriety checkpoint. The officers noticed an odor of alcohol, slurred speech, blood-shot eyes, and the defendant fumbled when trying to locate his driver's license. Furthermore, the defendant stumbled upon being asked to exit his vehicle. He performed poorly on roadside tests according to the officers. The defendant refused the breath test. | |
| Result: | The State conceded the motion prior to the motion hearing and DROPPED THE DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Jul 26, 2006 | Case: 06-00170MM10A | Judge Ross |
| Facts: | The defendant was stopped for speeding over a six block period. The stopping officer smelled a strong odor of alcohol and called a DUI task force deputy. The investigating officer also smelled an odor of alcohol as well as bloodshot eyes. The defendant admitted to drinking wine. On the walk and turn test he failed to touch heel to toe and stepped off the line. On the finger to nose test he failed to touch the tip of his nose with the tip of his finger. He was subsequently arrested for DUI. | |
| Result: | Motion granted, all evidence was thrown out. | |
| Jul 24, 2006 | Case: 0233-XAZ | Judge Arzola |
| Facts: | The defendant was observed sleeping in a vehicle. When the officers arrived, he woke up and vomited on himself. He told the officers that he had been drinking and was not aware he was involved in an accident. The officers observed a strong odor of alcohol, bloodshot eyes, and slurred speech. He was unable to perform any of the tests and almost fell several times. He told the officers that he was impaired. He was arrested for DUI and blew a .146 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 24, 2006 | Case: 0378-EGW | Judge Lindsey |
| Facts: | The defendant was stopped for running a red light and speeding. When the officer made contact with the defendant he noticed an open Heineken in the front seat. He also observed an odor of alcohol and bloodshot eyes. On the one leg stand the defendant stepped off the line while failing to touch heel to toe. On the one leg stand the defendant put his foot down at 10 and simply didn't continue. On the balance test he estimated 60 seconds for 30 seconds. He was subsequently arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Jul 24, 2006 | Case: 05-022086MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving 76mph in a 45mph zone. The trooper observed an odor of alcohol, bloodshot eyes and slurred speech. After exiting the car the defendant was swaying and unsteady on his feet. On the walk and turn test he failed to touch heel to toe on any step. He also fell off the line several times. On the one leg stand he dropped his foot and used his arms to balance himself. The defendant was arrested for DUI. This was his 2nd offense for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jul 19, 2006 | Case: 05-026175MM10A | Judge Murphy |
| Facts: | The defendant was involved in a traffic crash. The crash investigator spoke with the parking valet who stated that he witnessed the defendant back his car into another vehicle at a high rate of speed. He also stated that the defendant clearly had too much to drink. The arresting officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking 5-6 vodkas. On the one leg stand, the defendant dropped his foot five times and nearly fell backwards. On the walk and turn he was unable to perform the test. He was arrested for DUI and blew a .216 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jul 17, 2006 | Case: 468466-W | Judge McWhorter |
| Facts: | The defendant was stopped for speeding and weaving in and out of traffic. The officer noticed an odor of alcohol, flushed face, and blood-shot eyes. The defendant was asked to perform roadside tests. According to the officer, on the walk and turn test, the defendant stepped off the line, didn't touch heel to toe, and took the incorrect number of steps up the line. On the one leg stand, the defendant put his foot down and raised his arms for balance. He was arrested for DUI and subsequently refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2006 | Case: CT-002081-XAM | Judge Ober |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. Everything was captured on video at the scene. The defendant refused the breath test. | |
| Result: | On the morning of jury trial, the State DROPPED the DUI. | |
| Jul 17, 2006 | Case: CT-729029-X | Judge Courtney |
| Facts: | The defendant was stopped for an illegal u-turn, speeding, and abruptly changing lanes without using a signal. The officer observed an odor of alcohol, slurred speech, and balance problems. According to the officer, the defendant performed poorly on field sobriety tests such as the one leg stand, walk and turn and finger to nose. The defendant refused the breath test subsequent to his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 17, 2006 | Case: 508419-X | Judge Newman |
| Facts: | The defendant was stopped by the police for obstructing traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests according to the officer. The defendant blew a .194 in the breath machine after his arrest for DUI. | |
| Result: | On the morning of trial, the State DROPPED the DUI. | |
| Jul 14, 2006 | Case: 05-020015 | Judge Gehl |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and unsteadiness. The officer also discovered marijuana on the defendant. She also admitted to taking anti-anxiety medication. The defendant performed poorly on the field sobriety tests and was arrested for DUI. She subsequently blew a .084 in the breath machine and refused to give a urine sample. | |
| Result: | The State dropped the DUI. | |
| Jul 14, 2006 | Case: 06-009685TCA08 | Judge Moyle |
| Facts: | The defendant was stopped for weaving on the roadway. Once stopped, the officer noticed an odor of alcohol, slightly slurred speech, and unsteadiness. The defendant admitted to drinking two glasses of wine and one vodka drink. The defendant performed poorly on field sobriety tests on video tape. For example, on the walk and turn, the defendant could not keep her balance and stepped off the line. On the one leg stand, she used her arms for balance, put her foot down, and did not count as instructed. After her arrest for DUI, the defendant blew a .117 in the breath machine. | |
| Result: | The Judge GRANTED the motion to suppress and threw out all of the evidence. | |
| Jul 12, 2006 | Case: 06-009690MM10A | Judge Cohen |
| Facts: | The defendant was stopped for speeding and failing to use a turn signal. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A bottle of rum was found in the car and the defendant was very argumentative. The defendant refused the roadsides tests and the breath test. | |
| Result: | On the morning of Jury trial, the State DISMISSED THE DUI. | |
| Jul 12, 2006 | Case: 2005-CF-59168 (JURY TRIAL) | Judge Holcomb |
| Facts: | The defendant was stopped for driving off the roadway and weaving within his lane. The officer observed an odor of alcohol, mumbled speech, and balance problems. The defendant had to lean against his vehicle to prevent himself from falling. He performed poorly on roadside tests. For example, on the one leg stand he put his foot down three times, counted improperly, and swayed. After his arrest for DUI, the defendant refused the breath test. The defendant was charged with FELONY DUI as this was his FOURTH OFFENSE. | |
| Result: | The Jury found the defendant NOT GUILTY. | |
| Jul 11, 2006 | Case: 04-026293MM10A (JURY TRIAL) | Judge Zack |
| Facts: | The defendant was stopped for speeding. When the officer turned on his police lights, the defendant did not stop immediately. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face. A DUI task officer was called to the scene to conduct a DUI investigation. The defendant performed the walk and turn and finger to nose test. All of the exercises were captured on video at the scene. The defendant was arrested for DUI and refused the breath test. | |
| Result: | The jury found the defendant NOT GUILTY IN ELEVEN MINUTES. | |
| Jul 8, 2006 | Case: 266809-X | Judge Arzola |
| Facts: | The defendant was stopped for weaving five times. Once the officer stopped him, he noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on roadside tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn exercise, the defendant took the incorrect number of steps and did not walk heel to toe. After the defendant's arrest for DUI, he blew a .149 in the breath machine. | |
| Result: | Based on Florida case law, the Judge GRANTED the motion to suppress and the State DROPPED THE DUI. | |
| Jul 3, 2006 | Case: 05-002241MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was observed sitting at a green light while it cycled several times. The officer approached the vehicle and noticed that the defendant had bloodshot eyes and a flushed face. After rolling down the window the officer noticed a strong odor of alcohol. The defendant admitted to drinking 5 vodka tonics and being under the influence of alcohol. The arresting deputy stated that the defendant performed and failed the field sobriety tests. He was subsequently arrested for DUI. The defendant blew a .161 in the breath machine. | |
| Result: | After the second witness testified at trial, the state dropped the DUI. | |
| Jul 3, 2006 | Case: 05-20324MM10A | Judge Ross |
| Facts: | The defendant was stopped for driving erratically and making a wide right turn. The stopping officer noticed an odor of alcohol, bloodshot eyes, slurred speech and slow movements. The defendant was unsteady when she exited the vehicle, and stumbled onto the grass. On the walk and turn test she couldn't walk more than three steps without stumbling. On the one leg stand test she put her foot down 3 times within the first 4 seconds. The defendant was subsequently arrested for DUI. At the breath facility she picked up a garbage can attempted to pee in it. | |
| Result: | Motion granted, case dismissed. | |
| Jul 2, 2006 | Case: 503623-X | Judge McWhorter |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The officer asked the defendant to perform field sobriety exercises. On the one leg stand, the defendant put his foot down and raised his arms nine times for balance. On the finger to nose test, he never touched the tip of his nose. On the balance exercise, he swayed five to six inches and estimated seventeen for thirty seconds. The defendant refused the breath test. | |
| Result: | On the afternoon of trial and just before jury selection, the State dropped the DUI. | |
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