| Oct 28, 2024 | Case: 24-CT-005085 | Judge Farr |
| Facts: | Police were called to an assault and battery call at a Circle K convenience store. The defendant was allegedly involved in an altercation. When officers arrived, the defendant was sitting in her vehicle. They noticed an odor of alcohol, watery eyes, slurred speech, and she appeared unsteady. She refused to perform roadside tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | On tape, her speech was not slurred and she was not unsteady. In fact, she was sitting the curb the entire time while officers investigated. We pointed out to the state there was a complete lack of evidence and no probable cause to even arrest her. The State agreed and the DUI was Dismissed. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Oct 18, 2024 | Case: 24-CT-034477 | Judge Koenig |
| Facts: | The defendant was stopped after he was observed driving the wrong way down a one-way street. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and he stated he had drank two beers. He appeared unsteady, moved slowly, and also swayed while he stood. He then performed various field sobriety tests such as the walk and turn and one leg stand. He was arrested for DUI and later refused a breath test. | |
| Defense: | Many observations written in the police reports were contradicted by the video tape. After pointing those out to the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2024 | Case: 24-CT-033037 | Judge Koenig |
| Facts: | The defendant was stopped driving 93 mph in a posted 65 mph zone. Officers observed an odor of alcohol, watery eyes, and slurred speech. The defendant stated that he had drank two beers and also had difficulty locating his items. After performing various roadside tests, he was arrested for DUI. He later blew a .127 and .126 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUII. | |
| Result: | The State dropped the DUI. | |
| Oct 18, 2024 | Case: 24-CT-038882 | Judge Koenig |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and he appeared confused. The defendant stated that he had consumed three beers. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .200 and .202 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. | |
| Oct 18, 2024 | Case: 24-CT-030271 | Judge Koenig |
| Facts: | The defendant crashed his car and then left the scene of the accident. When officers found him, they noticed visible truck damage, an odor of alcohol, slurred/mumbled speech, and his pants hanging down. He fumbled with his items and stumbled outside the truck. The defendant refused to do any roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | When officers finally located the defendant, he was sitting in the passenger seat of the damaged truck, the door was open, and the truck was off. The defendant had the keys in his pocket. Officers were on body worn camera trying to find the witness who saw him driving at the time of the crash, but could not find anyone who could ID him as the driver. In fact, on tape, officers can be heard stating that nobody can identify him. Since the State could not place him in actual physical control of the time of accident, as well as the fact that he was sitting in the passenger seat of a running truck, they Dropped the defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 17, 2024 | Case: 24-CT-001295 | Judge Grey |
| Facts: | The defendant was stopped for continuously failing to maintain his lane of travel as he crossed over the dotted lines numerous times. Officers noticed an odor of alcohol, a pale/flushed face, and slurred speech. When asked where he was coming from, he replied "I am going home." He also stated that he had drank a couple of beers. The defendant performed the HGN (eye test) and also started to do the walk and turn. As he started to do the walk and turn, he started laughing and refused to continue. He was arrested for DUI and later refused a breath test. | |
| Defense: | When a defendant refuses to perform field sobriety tests, an officer must advise them of the adverse consequences for refusing. For example, the officer must state something like, "I am going to have base my decision to arrest you on what I have observed so far if you refuse." In addition, the officer can state to the defendant that their refusal can be used against them in court. If they do not give any adverse consequences, the refusal will be excluded from evidence. Here, the officer did not give the defendant any adverse consequences. After negotiations short of trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2024 | Case: 24-CT-021287 | Judge T. Brown |
| Facts: | The defendant crashed into a car at the complex where he lives and police were called to the scene. They observed an odor of alcohol, glassy/watery eyes, and incoherent/slurred speech. He was unable to stand without assistance. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, the defendant's speech was not slurred and he was not off balance or unsteady. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2024 | Case: 22-009277MU10A | Judge Diaz |
| Facts: | The defendant was stopped for both running a red light as well as speeding. The defendant was pulled over in a bank parking lot. The officer asked for the defendant's driver's license and stated that the defendant provided a debit card instead. The officer stated he observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The officer asked the defendant to exit the vehicle in order to perform a series of field sobriety tests. By this time, a second officer arrived on scene to observe the investigation. The defendant performed the HGN (eye test), walk and turn, one leg stand as well as the finger to nose test. The defendant was arrested for DUI. At the breath facility the defendant initially agreed to perform the breath test, but later refused when the police would not allow her to contact a lawyer for advice. | |
| Defense: | Prior to trial, Parks & Braxton took depositions of both officers that were on scene. While both agreed that the defendant had an odor of alcohol as well as slurred speech, their recollection of the defendant's performance on the field sobriety tests were completely inconsistent. The officers had no video at the scene, and the video at the breath alcohol testing facility was supposedly broken. Parks & Braxton then filed a motion to compel the repair order for the video camera. Next, Parks & Braxton filed a motion to suppress based on a lack of probable cause to arrest. At the motion, the officer admitted that some of his testimony was inconsistent with prior testimony that he gave in the deposition. After the motion, the DUI was dropped. | |
| Result: | The State dropped the DUI. | |
| Oct 15, 2024 | Case: 24-CT-003028 | Judge Rich |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but observed watery eyes, slurred/delayed speech, and she appeared unsteady. She had fumbling fingers and a loss of her fine motor skills. Believing she was impaired by drugs and not alcohol, she was asked to perform field sobriety tests. She refused and was arrested for DUI. She later provided a urine sample which came back positive for Xanax. This was the defendant's second DUI. | |
| Defense: | The firm provided medical records to the State showing she had medical conditions which caused her to appear unsteady and have slurred speech. In addition, she was also prescribed the Xanax. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 8, 2024 | Case: 23-013324MU10A | Judge Brown |
| Facts: | The defendant was involved in a crash whereby he struck another vehicle from behind on the highway. Upon initial contact with the defendant, the Trooper stated he observed a strong odor of alcohol, a pale face, slurred speech, and glassy bloodshot eyes. In addition, the Trooper stated that the defendant seemed lethargic and disoriented as he spoke. The Trooper then interviewed an independent witness who said the defendant was all over the road just prior to the crash. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant refused to provide a breath test. This was the defendant's second DUI with a crash. | |
| Defense: | Since the DUI investigation took place on the side of the highway it was extremely noisy. As a result, it was difficult to hear the defendant's voice on video to determine if it was consistent with the Trooper's observations. In addition, the Trooper failed to capture the interview on video from either the victim in the crash or the independent witness. Counsel subpoenaed the Trooper to come into court and detail the exact conversations that took place with the witnesses and defendant on scene since the video was inaudible. The Trooper testified that he did not have an independent recollection of each conversation, and as a result, the prosecutor was limited in terms of the evidence that was available. Parks & Braxton set the case for jury trial. The DUI was dropped on the morning of trial. | |
| Result: | The State dropped the DUI. | |
| Oct 7, 2024 | Case: 24-CT-501336 | Judge Gonzalez |
| Facts: | The defendant was involved in a traffic crash whereby his vehicle had rolled over. Officers noticed an odor of alcohol, watery eyes, and slurred speech. EMS was on scene trying to treat the defendant. The defendant performed various field sobriety tests such as the walk and turn, HGN (eye test), and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The defendant was just involved in a bad rollover accident and officers were trying to have him stand on one leg and walk a line. In fact, EMS had put a neck collar on him. The defendant was also transported to the hospital for treatment. We pointed out that any impairment could have been equally due to injuries from the crash versus alcohol. The State agreed and Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Oct 2, 2024 | Case: 24-CM-004058 | Judge Gutman |
| Facts: | The defendant was stopped for running a red light. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing the HGN (eye test), walk and turn, and one leg sand exercises, he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI and the Second time the firm has represented him. He was also charged with refusing a breath test for the second time. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. It should be noted that the firm also beat the defendant's last DUI as well. He received no penalties the second refusal charge other than court costs. | |
| Result: | The State dropped the DUI. | |
| Oct 2, 2024 | Case: 24-CT-003463 | Judge Gutman |
| Facts: | The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine. | |
| Defense: | The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping. | |
| Result: | The State dropped the DUI. | |
| Sep 25, 2024 | Case: 24-CT-007592 | Judge Stone |
| Facts: | The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 24, 2024 | Case: 24-CT-004112 | Judge Scott |
| Facts: | The defendant crashed his car into a guardrail. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was argumentative. 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: | The officer wrote how the defendant performed very poorly on the roadside tests. That alleged performance was contradicted by the video tape whereby the defendant performed extremely well. In addition, the cop was blasting his engine so loud, no one could even hear what was being said on scene. | |
| Result: | The State dropped the DUI. | |
| Sep 24, 2024 | Case: 24-CT-006170 | Judge Scott |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and bar bracelet on his wrist. He also appeared confused, unsteady, and admitted to drinking alcohol. After performing various field sobriety tests, he was arrested for DUI. He later blew a .132 and .130 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. | |
| Sep 24, 2024 | Case: 24-CT-008455 | Judge Farr |
| Facts: | The defendant was sitting in his car blasting music in a high traffic/pedestrian area. Officers walked up to his car to speak with him. They noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a dazed/blank stare, poor coordination, poor balance, and a lethargic appearance. The defendant performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 24, 2024 | Case: 24-CT-006044 | Judge Farr |
| Facts: | The defendant was seen by an officer backing up his Jeep into a parking space with no lights after dark. When the officer approached, he noticed an odor of alcohol, glassy eyes, and slurred speech. He was unsteady and had to lean on the Jeep for balance. The defendant refused to perform any roadside tests, was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the defendant did not appear unsteady and his speech was not slurred. There was also no driving pattern. Due to a lack of evidence to establish probable cause, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 18, 2024 | Case: 24-CT-007603 | Judge Weis |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had drank three whiskey and Cokes. He also stated that he is "fucked up naturally." He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the State regarding the evidence and defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 18, 2024 | Case: 24-CT-008049 | Judge Weis |
| Facts: | The defendant was found by police passed out in his truck with the vehicle on, gear shifter in park, and keys in the ignition. He was parked in a parking lot. Upon awakening him, the officers noticed an odor of alcohol, watery/glassy eyes, and extremely slurred speech. He performed very poorly on roadside test and was arrested for DUI. He later refused a breath test. | |
| Defense: | After conversations with the State, we pointed out that the defendant was trying to do the right thing by sleeping it off and not driving. After negotiations, they Dropped the DUI. | |
| Result: | Result: The State dropped the DUI. | |
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