DUI Wins - Parks & Braxton, PA: Brevard DUI Lawyer

OUR RECENT VICTORIES

Mar 24, 2004	Case: 456379-W	Judge Newman
Facts:	The defendant was stopped by police when he was slumped over the wheel in the roadway. The officers observed an odor of alcohol, slurred speech, and he was uncooperative. He refused roadsides and refused a breath test. His license was also suspended and it was his 2nd offense.
Result:	The State dropped the DUI.

Mar 22, 2004	Case: 411123-X	Judge Bloom
Facts:	The defendant was stopped for speeding. The officer who stopped him observed the defendant to be unsteady, have an odor of alcohol on his breath and slurred speech. According to the officer the defendant failed every field sobriety test. After being placed under arrest for DUI, he subsequently refused a breath test.
Result:	The State dropped the DUI.

Mar 22, 2004	Case: 082951-J	Judge Bloom
Facts:	The defendant was on the side of the road because his car caught on fire. During a conversation with the Trooper, the defendant admitted to driving and drinking wine. The Trooper stated that the defendant could not even stand up. Several roadsides were conducted and according to the Trooper the defendant failed all of them. He was arrested, and subsequently blew a .202 in the breath machine.
Result:	The State dropped the DUI.

Mar 5, 2004	Case: 574510-X	Judge Pando
Facts:	The defendant was stopped for running a red light. Once stopped, the officer observed an odor of alcohol, bloodshot eyes. The defendant was also observed tripping over his feet when he walked. A DUI officer was called out to conduct the investigation. According to the officer, the defendant performed poorly on roadside tests and was subsequently arrested for DUI. He refused a breath test. This was the defendant’s 2nd offense.
Result:	The State dropped the DUI.

Feb 25, 2004	Case: 01-9748MM10A	Judge Gehl
Facts:	A deputy approached the defendant’s car in a parking lot and told him not to drive. The defendant was seen driving soon after the encounter. The deputy stopped the defendant for the second time and observed an odor of alcohol, bloodshot eyes and some unsteadiness when he exited the car. The deputy concluded that the defendant failed the roadside tests and arrested him for DUI. The defendant blew a .098 into the breath machine.
Result:	At trial, after the prosecutor called their last witness, the defense argued a motion to suppress based on the poor testimony of the arresting officer. The motion was granted. All evidence was thrown out.

Feb 25, 2004	Case: 03-018435MM10A	Judge Murphy
Facts:	The defendant was seen passed out behind the wheel of the car in the middle of the roadway. The defendant was completely intoxicated and could not perform one exercise. He was arrested and blew a .178 in the breath machine.
Result:	The state dropped the DUI rather than putting the deputy on the witness stand.

Feb 23, 2004	Case: 7409-BYS	Judge Bloom
Facts:	The defendant was stopped for swerving. The officer observed an odor of alcohol, blood shot eyes and the defendant was unsteady on his feet. The defendant performed poorly on field sobriety tests. The defendant also submitted to a Drug Recognition Exam.. Believing the defendant has taken drugs, a urine test was requested. He tested positive for cocaine.
Result:	The State dropped the DUI.

Feb 18, 2004	Case: 03-018376TCA04	Judge Damico
Facts:	The defendant was stopped for speeding. The officer observed the defendant to have an odor of alcohol, slurred speech, and said he was off balance exiting the car. The defendant performed poorly on roadsides in that he stepped off the line a number of times, put his foot down numerous times on the one leg stand, and mixed up letters in the alphabet. He refused a breath test.
Result:	The DUI was dismissed.

Feb 17, 2004	Case: 9501-BYP	Judge McWhorter
Facts:	The defendant was involved in an accident. The officer on scene noticed the defendant to be off balance, have a flushed face, and mumbled speech. The defendant performed very poorly on roadsides. The defendant was arrested for being impaired by some type of chemical or controlled substance. Urine was requested by a drug recognition expert officer at the station in which the defendant tested positive for cocaine, marijuana, and alprazolam.
Result:	The State dropped the DUI.

Feb 11, 2004	Case: 04-007656MM10A	Judge Feiner
Facts:	The defendant was stopped when police observed her traveling over the posted speed limit. She did not stop at the direction of the officers. The officers then chased her until she was finally stopped. Once detained by the officers, they observed an odor of alcohol. She became abusive towards the officers and she was subsequently arrested for fleeing and eluding a police officer and DUI. She refused to take the breath test.
Result:	The State dropped the DUI.

Feb 8, 2004	Case: 265578-W	Judge Krieger-Martin
Facts:	The police responded to a call about a driver who was passed out behind the wheel of a vehicle. When the police arrived, the defendant was slumped over wheel on his own driveway. The officers awoke the defendant and observed an odor of alcohol, slurred speech, and the defendant could not even stand up without assistance. He refused the breath test.
Result:	The DUI was dismissed.

Feb 8, 2004	Case: 413949-X	Judge Krieger-Martin
Facts:	The defendant was stopped for having an illegal tint on her window. Once stopped, the officer noticed an odor of alcohol, slurred speech, and that the defendant staggered while she walked. Another officer was called to the scene to conduct field sobriety exercises. He stated the defendant performed poorly and she was arrested for DUI. She refused the breath test.
Result:	The DUI was dismissed.

Jan 27, 2004	Case: 02-029249TCA04 (JURY TRIAL)	Judge Moyle
Facts:	The defendant was stopped by an officer while on the side of the road. A call had gone out about a sick or injured driver. The officer who arrived on the scene stated that the defendant was sitting in the driver’s seat with the keys in the ignition. The officer observed an odor of alcohol, slurred speech, and the defendant to be unsteady on his feet. A DUI officer was called and the defendant performed poorly on all roadside tests. Blood was subsequently drawn and the defendant’s blood alcohol level was a .19.
Result:	NOT GUILTY (in fifteen minutes).

Jan 22, 2004	Case: 03-007098TCA04	Judge Damico
Facts:	The defendant was stopped for speeding and weaving. He almost struck two vehicles as he left his lane of travel. The officer observed slurred speech, an odor of alcohol, and the defendant staggered throughout the investigation. The defendant did not perform field sobriety exercises due to the fact he told the officer he had back injuries. He refused a breath test.
Result:	The State dropped the DUI prior to trial.

Jan 11, 2004	Case: 131995-W	Judge Figarola
Facts:	The defendant was stopped for driving across three lanes of traffic and almost striking another vehicle. The officer observed and odor of alcohol, slurred speech and glassy eyes. According to the officers, he used the car for balance and became verbally abusive towards the officers. He refused the roadside tests and refused the breath test.
Result:	The State dropped the DUI.

Jan 9, 2004	Case: 02-029205MM10A	Judge Cowart
Facts:	The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on roadside tests and blew a .154 in the breath machine.
Result:	The State conceded the motion.

Jan 7, 2004	Case: 250999-W	Judge Newman
Facts:	The defendant was stopped for loud music coming from his car. When the officer approached his car, he smelled an odor of alcohol, bloodshot eyes, and slurred speech. A DUI officer was called and the defendant performed poorly on field sobriety exercises. The defendant refused to take the breath test.
Result:	The State dropped the DUI.

Jan 3, 2004	Case: 245111-W	Judge Haigh
Facts:	The defendant was sitting behind the wheel of his vehicle in the inside lane of traffic next to the curb. When the officer pulled up, he had his overhead lights flashing. He subsequently ordered the defendant out of the car. He made no DUI observations until the defendant was outside of the vehicle. He testified that the defendant was sleeping in the car and that he took the keys out of the ignition. A DUI officer was called who observed the defendant to be unsteady, have an odor of alcohol, and blood shot eyes. He performed very poorly on all of the sobriety tasks. He refused a breath test. (this was his 2nd offense).
Result:	The motion was granted and all of the evidence was thrown out. The State dropped the DUI.

Jan 3, 2004	Case: 245831-W	Judge Pando
Facts:	The defendant was involved in an accident where he rear ended another vehicle. He could not perform roadside tasks due to his level of intoxication. The officers observed an odor of alcohol, bloodshot eyes, the defendant almost falling, and slurred speech. The defendant blew a .162 in the breath machine.
Result:	The State dropped the DUI.

Dec 30, 2003	Case: 413710-X	Judge McWhorter
Facts:	The defendant was found by the police passed out in his vehicle in the middle of the road. He had just left the scene of an accident. The defendant was unsteady, had slurred speech, and an odor of alcohol on his breath. He was also charged with leaving the scene of an accident. The defendant was given the eye test (HGN). He refused the breath test.
Result:	The State dropped the DUI.

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