| Dec 10, 2024 | Case: A77HLSE | Judge Vaccaro |
| Facts: | The defendant was the at fault driver in a traffic crash whereby he slammed into a light pole. Officers noticed an odor of alcohol and marijuana. His eyes were glassy and bloodshot and he exhibited slurred speech. The defendant performed very poorly on the walk and turn and one leg stand exercises and was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State, we pointed out that any impairment observed could have just as easily been attributed to a bad crash versus alcohol. After negotiations with the State, they 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
| Dec 10, 2024 | Case: 24-CT-005390 | Judge Farr |
| Facts: | The defendant was stopped for swerving all over the road. Officers noticed an odor of alcohol, unsteadiness, and glassy eyes. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | Due to a lack of probable cause to arrest based on the video tape evidence, the State Dropped the DUI after negotiations. | |
| Result: | The State dropped the DUI. | |
| Dec 10, 2024 | Case: 24-CT-008934 | Judge Gutman |
| Facts: | The defendant was stopped for running two stop signs. Officers observed an odor of alcohol, slow/lethargic movements, and red/glassy eyes. His speech was also slurred. The defendant only performed the HGN (eye test) and refused to perform any other roadside tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant's speech was not slurred and he did not move slow or lethargically. After pointing this out to the State, along with a lack of other evidence of impairment, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 10, 2024 | Case: 24-CT-007527 | Judge Gutman |
| Facts: | The defendant was stopped for weaving all over the roadway. Once stopped, the officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Once out of the car, she appeared unsteady. She refused to perform any field sobriety tests other than HGN (eye test). She was arrested for DUI. The defendant had a CDL license 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. | |
| Dec 6, 2024 | Case: AI9MJPE | Judge Hessinger |
| Facts: | The defendant was involved in a traffic crash. Officers observed an odor of alcohol, mumbled/slurred/stuttered speech, a visible sway, and bloodshot/glassy eyes. He also had a stagger to his walk. The defendant agreed to perform the HGN (eye test) but refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The firm announced ready for trial. Before the trial date, we pointed out that the defendant was not the at fault driver. In fact, the officers concluded that the other driver ran the intersection and t-boned the defendant. Also, on tape, the defendant's speech was normal and he didn't stagger. Any sway observed on tape could just have been as easily attributed to the defendant being t-boned in a crash versus alcohol impairment. The firm also provided medical records of the defendant, stemming from the crash, to the State showing that the defendant had received injuries to his body and head. The State Dropped the defendant's Second DUI prior to the trial date. | |
| Result: | The State dropped the DUI. | |
| Dec 6, 2024 | Case: AIQEZGE | Judge Komninos |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and mumbled/incoherent speech. She stumbled, swayed, and appeared clumsy. She also exhibited mood changes going from polite to belligerent to indifferent. She refused to perform field sobriety tests and was arrested for DUI. While in the back seat of the patrol car, she was cursing and kicking the door and the divider between the front seat and back seat. She later refused a beath test. | |
| Defense: | After conversations with the State regarding the evidence itself and providing mitigating evidence on behalf of the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Dec 5, 2024 | Case: 24-CT-014232 | Judge Farr |
| Facts: | The defendant was stopped for running a stop sign. Officers observed an odor of alcohol, slurred speech, tired/lethargic movements, and bloodshot eyes. After performing various field sobriety tests such a HGN (eye test), walk and turn, and the one leg stand, he was arrested for DUI. He later blew a .149 and .132 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. | |
| Dec 5, 2024 | Case: 24-CT-013300 | Judge Rich |
| Facts: | The defendant was stopped after he ran multiple stop signs. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. The defendant stated that he had just came from a bar and had drank alcohol. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .162 and .156 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. | |
| Dec 5, 2024 | Case: 23-009941MM10A | Judge Diaz |
| Facts: | Two officers had a car pulled over. The defendant was observed failing to slow down or move out of the way and nearly struck the police. The officers then observed the defendant driving on two flat tires. The defendant was alleged to stumble out of the vehicle. The officers observed slurred speech, bloodshot eyes and a strong odor of alcohol on her breath. The defendant refused to participate in any field sobriety tests, and allegedly stated she was not going to do the exercises because she was drunk. She was arrested for DUI and refused to perform a breath test. | |
| Defense: | The statement admitting to being drunk was not captured on video. In addition, all of the times on the citations and police reports as well as the refusal affidavit were inconsistent. The officer went out of his way to prevent the defendant from being placed on video, including failing to call for a police unit with a car cam video. Parks & Braxton announced ready for jury trial. The prosecutor dropped the DUI on the morning of trial. The defendant walked away with no conviction for any crime on her record. | |
| Result: | The State dropped the DUI. | |
| Nov 22, 2024 | Case: 24-CT-009411 | Judge Gutman |
| Facts: | The defendant was the at fault driver in a sideswipe crash. When officers arrived, they noticed very slurred speech, unsteadiness, and she kept making moaning noises. There was no odor of alcohol, but they believed she was impaired by drugs. She performed very poorly on roadside tests and was arrested for DUI. She later refused a urine test. | |
| Defense: | Under Florida law (i.e. the DUI statute: 316.1 93) to prove DUI, the State must prove one is impaired by either alcohol, a specific controlled and/or a chemical substance. One cannot just be impaired by something like a bad banana. Here, since there was no odor of alcohol, no alcohol found, no mention of drugs, and no urine test, the State could not prove by what was impairing her. | |
| Result: | The DUI was dismissed. | |
| Nov 22, 2024 | Case: 24-CT-012829 | Judge Gutman |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, slurred speech, fumbling fingers, and slow/deliberate movements. He also appeared confused and had a blank/dazed stare. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .113 and .109 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. | |
| Nov 21, 2024 | Case: 24-CT-001224 | Judge Poblick |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, and a sway to his stance. 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: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2024 | Case: 24-CT-012938 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, watery eyes, and a blank/dazed look. They also noticed confusion, slurred speech, poor balance, and poor coordination. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | The video totally contradicted the police reports. On tape, his speech was not slurred, he was not confused, and had no balance or coordination issues. He performed much better on the field sobriety tests than as described in the reports. After discussions with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2024 | Case: 24-CT-011917 | Judge Gutman |
| Facts: | The defendant was stopped for driving northbound in the southbound lane. Officers noticed an odor of alcohol, red/glassy eyes, and lethargic movements. The defendant performed various field sobriety tests and was arrested for DUI. She later blew a .134 and .133 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. | |
| Nov 14, 2024 | Case: AJF4BPE | Judge Komninos |
| Facts: | The defendant was stopped for driving into oncoming traffic. Officers noticed an odor of alcohol, watery/glassy eyes, and he staggered and swayed. The defendant stated that he had drank a few beers. He then performed various roadside tests such as the walk and turn, one leg stand, finger to nose, and alphabet. He was arrested for DUI and later blew a .147 and .146 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Nov 14, 2024 | Case: AITIJEE | Judge Komninos |
| Facts: | Officers were called to a gas station for a suspicious activity call. Upon arrival, they saw the defendant and his truck with a flat tire on a rim. An independent witness stated that they saw the defendant drive in on the flat. Officers saw gauge marks in the pavement and pieces of the truck were found down the road. Thinking that he had been involved in a crash, officers then yelled at the defendant to stop and talk to them. He didn't hear them and was tackled into the glass door of the gas station breaking the glass door. After tackling him, they noticed an odor of alcohol, unsteadiness, and bloodshot eyes. He refused to perform roadside tests and was arrested for DUI as well as resisting an officer without violence. He later refused a breath test. | |
| Defense: | It was obvious on tape that the defendant did not hear the officers and he was pummeled for no reason. After being tackled, within seconds they charged him with DUI. On tape, the defendant was not unsteady and his speech was normal. The State Dropped the DUI and the resisting charge was dismissed. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2024 | Case: AJF4C4E | Judge Komninos |
| Facts: | A concerned citizen called 911 stating that the defendant was sitting in his car drinking alcohol. Officers arrived and made contact with the defendant who was sitting in his car. Officers noticed alcohol (beer and whiskey) on the front passenger seat and as well as the front seat cup holder. They observed the defendant to have an odor of alcohol, bloodshot eyes, and he stated that he had drank 4-5 beers. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .133 and .138 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the DUI, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2024 | Case: 24-CT-002506 | Judge Scott |
| Facts: | The defendant was the at fault drive in a sideswipe crash. Officers noticed an odor of alcohol, slurred speech ,and glassy eyes. He also had difficulty balancing himself while he walked and was very unsteady. He refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI arrest (one prior conviction for DUI) and he was also charged with Refusing a Breath Test for the second time. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 14, 2024 | Case: 24-CT-003029 | Judge Scott |
| Facts: | The defendant was found passed out in his car at a green light. Cars were driving around him because he obviously wasn't moving. The officer noticed an odor of alcohol, glossy eyes, and slurred speech. His movements were slow and lethargic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later agreed to take a breath test and blew a .165 and .164 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. | |
| Nov 14, 2024 | Case: AJEUA1E | Judge Komninos |
| Facts: | The defendant was stopped for stopping over the stop bar, weaving, and having trouble maintaining a steady speed. Officers noticed watery/glassy eyes and slurred speech. When the officer attempted to begin the HGN (eye test), the defendant ran to the front of her car and tried to make herself regurgitate by sticking her finger in her throat. Believing she was impaired by drugs, she then performed the walk and turn, one leg stand, and finger to nose exercises. She also stated that she takes several prescribed medications. She was arrested for DUI and later provided a urine sample which came back positive from FDLE for Klonopin and Oxycodone. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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