Parks & Braxton, PA: Brevard DUI Lawyer
| Apr 12, 2006 | Case: 086817-J | Judge Newman |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and balance problems. The defendant performed poorly on roadside tests and refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Apr 4, 2006 | Case: 1316-EIV | Judge Bloom |
| Facts: | The defendant was stopped while entering a roadblock. The officers observed an odor of alcohol and slow speech. The defendant almost fell while walking to the staging area to perform field sobriety tests. The defendant was asked to perform field sobriety tests. On the walk and turn exercise, he lost his balance during the instructions, raised his arms for balance, and did not take the correct number of steps. On the one leg stand, the defendant swayed, raised his arms, and hopped. The defendant tested positive for marijuana in a urine screen. Prior to the urine test, an exam was conducted by a DRE officer who was specifically trained in the recognition of detecting whether someone is impaired by drugs. The officer concluded the defendant was impaired by a controlled substance. | |
| Result: | On the morning of trial, the State dropped the DUI. | |
| Apr 4, 2006 | Case: 05-017168MM10A | Judge Murphy |
| Facts: | The defendant was observed to be passed out in the middle of the intersection. The deputy noticed bloodshot eyes and a strong odor of alcohol. The defendant later admitted to driving. A DUI task force deputy was called to conduct field sobriety tests. On the walk and turn test the defendant missed heel to toe several times. On the finger to nose test the defendant failed to touch the tip of his nose and performed the wrong arm movement. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Apr 1, 2006 | Case: 04-016150MM10A | Judge Robinson |
| Facts: | The defendant was stopped at a DUI checkpoint. The task force deputy observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. After exiting the car the subject was swaying from side to side. The defendant failed all field sobriety tests and was arrested for DUI. | |
| Result: | The motion was granted and all of the evidence was thrown out. The State dropped the DUI. | |
| Mar 29, 2006 | Case: 05-018449MM10A | Judge Feiner |
| Facts: | The defendant was stopped for almost colliding with the center median two times. The deputy observed a strong odor of alcohol. bloodshot watery eyes and slurred speech. The defendant was unsteady exiting the car and was unsure where she was coming from. A DUI officer arrived and conducted a criminal investigation. He stated that the defendant appeared extremely unsteady on her feet and performed poorly on the field sobriety tests. He also stated that the defendant admitted to taking prescription medication for anxiety. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Mar 29, 2006 | Case: 05-002365MM10A | Judge Robinson |
| Facts: | The defendant was stopped for making an illegal u-turn almost striking the deputy. Upon contact, the deputy noticed an odor of alcohol, bloodshot eyes, and a flushed face. A DUI officer was then called to the scene. On the walk and turn test she failed to walk heel to toe and made an improper turn. On the finger to nose test, the defendant left her finger on her nose contrary to instructions. She was arrested for DUI and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Mar 27, 2006 | Case: 2006-CT-872-0 | Judge Shoemaker |
| Facts: | The defendant was stopped for weaving, speeding, and running a red light. The State Trooper observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant staggered and swayed once he was outside of his vehicle. The defendant refused both the roadside tests and the breath test. This was the defendant's second offense. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
| Mar 23, 2006 | Case: 05-002270MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving 55 miles per hour in a posted 30 miles per hour zone. The officer noticed an odor of alcohol, slurred speech, and glassy bloodshot eyes. Additionally, the officer noticed an alcoholic beverage next to the defendant in the vehicle. The defendant was unsteady as he exited the vehicle. A DUI task force member was called to conduct a criminal investigation. After failing the field sobriety tests, he was arrested for DUI. The defendant blew a .121 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI and Open Container charges. | |
| Mar 17, 2006 | Case: 05-11672MM10A | Judge Gehl |
| Facts: | The defendant was observed to be sleeping in a parked vehicle behind a closed business. Two officers approached the car. One officer testified that he witnessed a strong odor of alcohol, slurred speech and bloodshot eyes. The other officer noticed that he was unsteady on his feet when exiting the car. A DUI task force officer was called to conduct an investigation. The deputy stated that the defendant failed the field sobriety tests and arrested him for DUI. | |
| Result: | The Motion was granted, the DUI was DISMISSED. | |
| Mar 17, 2006 | Case: 412774-X | Judge Mills-Francis |
| Facts: | The defendant was stopped by police after striking the sidewalk with his vehicle and swerving. Other motorists had to move out of his way. The officers observed an odor of alcohol, slurred and mumbled speech, and unsteadiness. The defendant performed the roadside tests after being asked by the officers. The defendant could not perform any of the exercises since he almost fell over each time. After his arrest for DUI, the defendant blew a .209 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Mar 10, 2006 | Case: 550675-X | Judge Ortiz |
| Facts: | The defendant was stopped by an off duty officer for driving all over the roadway and into oncoming traffic. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called who made the same observations. The defendant refused all roadside tests and the breath test. This was the defendant's THIRD offense. | |
| Result: | The DUI was dismissed. | |
| Mar 10, 2006 | Case: 06-CT-001228-XCA | Judge Ober |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests according to the officer which were video taped at the scene. The defendant refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Mar 8, 2006 | Case: 06-3504-MMA | Judge Marblestone |
| Facts: | The defendant was involved in a traffic crash which he hit a tree. Witnesses identified the defendant as the driver involved in the crash. When the officers arrived, they found the defendant inside a restaurant and noticed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant performed poorly on all roadside tests and blew a .190 in the breath machine after his arrest for DUI. | |
| Result: | The State conceded the motion and DROPPED THE DUI. | |
| Mar 4, 2006 | Case: 04-11131MM10A | Judge Gehl |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed a strong odor of alcohol, bloodshot eyes and slurred speech. He then contacted a DUI officer to conduct the criminal investigation. Prior to performing the sobriety tests the defendant informed the officer that he was in the hospital that day because a nail went into his eye. He also explained on video that the injury causes a problem with his equilibrium. The DUI officer disregarded the information and conducted the full battery of field sobriety tests. The officer stated that he failed the tests and arrested him for DUI. | |
| Result: | After striking a number of jurors, the first jury panel was struck. The State subsequently dropped the DUI. | |
| Mar 2, 2006 | Case: 05-025643TCA04 | Judge Marx |
| Facts: | The defendant was stopped for driving his vehicle on the yellow line for 4 blocks straight. The defendant had bloodshot eyes, slurred speech and an odor of alcohol on his breath. The defendant failed all field sobriety tests and was arrested for DUI. He blew a .189 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 28, 2006 | Case: CT-002328-XAM (JURY TRIAL) | Judge Barber |
| Facts: | An unknown caller reported that the defendant's vehicle was driving on the wrong side of the road. The officer observed a vehicle matching the description, saw the vehicle run a red light, and drive over the curb. The officer observed an odor of alcohol, bloodshot eyes and a sway to her stance. The defendant performed field sobriety tests which allegedly indicated signs of impairment. The defendant was arrested for DUI and blew a .166 in the breath machine. This was the defendant's second DUI within five years. | |
| Result: | On the second day of trial, the State dropped the DUI. | |
| Feb 21, 2006 | Case: 05-009515MM10A (JURY TRIAL) | Judge Feiner |
| Facts: | The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal. | |
| Result: | After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test. | |
| Feb 13, 2006 | Case: 04-025307MM10A | Judge Feiner |
| Facts: | The defendant was stopped for swerving from lane to lane. The officer noticed bloodshot eyes and an odor of alcohol on his breath. The officer then contacted a deputy with a camera to conduct the criminal investigation for DUI. The DUI deputy made additional observations including unsteadiness and slurred speech. The defendant refused to perform any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. This was the defendant's 2nd offense. | |
| Feb 2, 2006 | Case: 01-9748MM10A (JURY TRIAL) | Judge Gehl |
| Facts: | The deputy testified at trial that he stopped the defendant because he exhibited signs of impairment when he saw him 30 minutes prior in a parking lot. After stopping the defendant the deputy testified that he noticed bloodshot eyes, flushed face and an odor of alcohol on his breath. He also testified in trial that the defendant appeared to be unsteady as he walked. On the walk and turn the deputy stated the defendant failed to walk heel to toe throughout the test. On the one leg stand he testified that the defendant kept tapping his foot on the ground and repeating numbers. The defendant was arrested for DUI and blew a .098 in the breath machine. He also refused a urine test. | |
| Result: | The motion was granted. The State appealed, and the judge affirmed the opinion. All charges were DISMISSED. | |
| Jan 31, 2006 | Case: 04-003872MM10A (JURY TRIAL) | Judge Lazarus |
| Facts: | The defendant was stopped for driving 90 mph. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The DUI task force requested the defendant to perform field sobriety tests. On the finger to nose test the defendant failed to touch the tip of his nose and never took his finger off of his face. On the walk and turn the defendant failed to maintain his balance in the heel to toe position. He was unsteady on the turn and used his arms for balance. He was arrested for DUI and blew over the legal limit in the breath machine. | |
| Result: | The Jury found the defendant NOT GUILTY in less than 1 minute. | |
