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

OUR RECENT VICTORIES

Jun 15, 2026	Case: 26-CT-001085	Judge Alva
Facts:	The defendant was stopped for weaving as he was driving over the solid yellow lines and into the bike lane. Officers noticed an odor of alcohol, thick tongued speech, and he had urinated on himself. The defendant stated that he was a lightweight and only had consumed two beers. He performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. He later blew a .174 and .166 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.

Jun 11, 2026	Case: 25-CT-019326	Judge Scott
Facts:	The defendant was stopped for weaving heavily in and out of traffic and speeding. Officers observed an odor of alcohol, unsteadiness, slurred speech, and a flushed face. His eyes were also bloodshot and watery. He performed the HGN (eye test) and one leg stand exercises and was subsequently arrested for DUI. He later refused a breath test.
Defense:	The officer did not conduct the walk and turn due to the rain. However, the officer thought it was a smart move to have the defendant perform the one leg stand under the defendant's hatch back in the pouring rain with cars whizzing by. We explained to the State how ridiculous this was and looked on tape. The State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 10, 2026	Case: 26-CT-014356	Judge Koenig
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glossy eyes, a sway to his stance, and he admitted to having consumed beer and sake. According to the officer, he performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and blew a .168 and .167 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.

Jun 9, 2026	Case: 26-CT-017592	Judge Ingram
Facts:	The defendant was stopped for driving with no headlights and weaving. Officers noticed an odor of alcohol, she stumbled out of the car, had bloodshot eyes, and she stated that she had consumed "a lot" of alcohol. She appeared clumsy, appeared to sway, and also staggered. According to the officer, she performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently 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.

Jun 8, 2026	Case: 25-CT-019711	Judge Taylor
Facts:	The defendant was stopped for driving southbound in the northbound lane of travel. Officers noticed an odor of alcohol, slurred speech, droopy eyelids, and bloodshot eyes. His movements were slow and unsteady in addition to using the trunk to steady himself. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences (i.e., Taylor warnings) or the refusal will be excluded from evidence. The officer must state something like "your refusal can be used against you in court", or "I will have to make my decision to arrest based on what I've seen so far." Here, there were no adverse consequences. After conversations with the State prior to trial, they Dropped the DUI.
Result:	The State dropped the DUI.

Jun 3, 2026	Case: AMMGQZE	Judge Szematowicz
Facts:	The defendant was stopped for driving with an inoperable tag light. Officers noticed both odors of alcohol and marijuana, bloodshot eyes, and he admitted to smoking marijuana and drinking alcohol. Both alcohol and marijuana were found in his car as well. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises, he was arrested for DUI.
Defense:	After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Jun 3, 2026	Case: 26-CT-020211	Judge Taylor
Facts:	The defendant was stopped for failing to stop at a crosswalk and failing to maintain a single lane. Officers noticed an odor of alcohol, difficulty balancing, and bloodshot eyes. The defendant performed the HGN (eye test) and walk and turn exercises. She refused to perform the one leg stand exercise and was arrested for DUI. She 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.

Jun 3, 2026	Case: 26-CT-002929	Judge Taylor
Facts:	The defendant was stopped for an extended period of time at a stop sign to the point where the officer had to use his emergency horn. The defendant did not respond and the officer got out of his car to walk up to her car. She then pulled away and a traffic stop was conducted. The officer noticed an odor of alcohol, watery/bloodshot eyes, and she stated that she had consumed several lemon drop shots. She also swayed while she stood. According to the officer, she performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and blew a .134 and .132 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.

Jun 2, 2026	Case: 26-CT-000603	Judge Smith
Facts:	The defendant was stopped for driving with an inoperable tag light. Officers observed an odor of alcohol, bloodshot eyes, and he had a wristband on from a local bar. According to the officer, he performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and blew a .114 and .116 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.

Jun 1, 2026	Case: 25-CT-019305	Judge C. Brown
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, fumbling fingers, and slurred speech. She was also lethargic and exhibited confusion. According to the officer, she performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and blew a .086 and .082 in the breath machine.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. We also pointed out that there was a .02 margin of error in the breath machine whereby we are able to place the defendant's breath results below the legal limit of .08.
Result:	The State dropped the DUI.

May 28, 2026	Case: 26-CT-000558	Judge Scott
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, water eyes, lethargic movements, and slurred speech. He also exhibited confusion, poor balance, and fumbling fingers. He performed the HGN (eye test), one leg stand, and walk and turn exercises and was arrested for DUI. The defendant later blew a .123 and .122 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.

May 28, 2026	Case: 26-CT-001715	Judge Scott
Facts:	The defendant was stopped for speeding. Officer observed an odor of alcohol, thick tongued speech, unsteadiness, and he stated that he had consumed a couple of margaritas. He also had an orbital sway and had to use the patrol car for balance. He performed the HGN (eye test), one leg stand, and walk and turn exercises and was arrested for DUI. The defendant later blew a .183 and .180 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.

May 28, 2026	Case: 25-CT-020367	Judge Scott
Facts:	The defendant was found passed out in his car in a lane of travel. Upon awakening him, officers noticed an odor of alcohol, glassy eyes, and he could not answer basic questions. He was also unsteady and stated that he was just at a bar. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. The defendant 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.

May 28, 2026	Case: 26-CT-002151	Judge C. Brown
Facts:	The defendant was stopped for driving the wrong way down a one-way street. Officers observed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and blew a .191 and .201.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 27, 2026	Case: 26-CT-000300	Judge Scott
Facts:	The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, lethargic movements, and difficulty dividing his attention. According to the officer, he performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and blew a .138 and .129.
Defense:	After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 27, 2026	Case: 26-CT-020543	Judge Scott
Facts:	The defendant was stopped for driving at a high rate of speed towards a dead end. He then slammed on his brakes and skidded to avoid running off the roadway. Officers observed an odor of alcohol, slurred/delayed speech, and water/glassy eyes. The defendant refused to perform field sobriety tests and was arrested for DUI. He 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.

May 26, 2026	Case: 25-MM-003534MMAXWS	Judge Grey
Facts:	The defendant was stopped for weaving and running a stop sign. Officers noticed an odor of alcohol, fumbling with his paperwork, slow/lethargic movements, and bloodshot eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. He 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.

May 22, 2026	Case: 25-CT-000974	Judge Taylor
Facts:	The defendant was stopped for having an expired tag. Officers noticed an odor of alcohol, glossy eyes, and he was slow to find his documents. The defendant stated that he had consumed two vodka seltzer high noons. According to the officer, he performed poorly on the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI.
Defense:	The officer made the defendant out to be a falling down drunk in his reports, as it related to his performance on the roadside tests. The video completely contradicted every observation. After conversations with the prosecutor, the DUI was Dismissed.
Result:	The DUI was dismissed.

May 21, 2026	Case: 25-CT-062688	Judge Garagozlo
Facts:	Police were called to a bar in reference to the defendant being drunk, disorderly, and being ask to leave. Witnesses told police that they had to stop serving the defendant and his two drinking buddies because they had consumed 24 beers between them. The bar staff said they would call an Uber, but the defendant snuck out the door. That is when the police were called and they stopped the defendant in his truck. The police noticed an odor of alcohol, slow/slurred speech, lethargic movements, clumsiness, and unsteadiness. The defendant also stated that he was "over the limit" and waiting on his wife to pick him up. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

May 21, 2026	Case: 25-CT-043865	Judge Garagozlo
Facts:	The defendant was stopped for driving with no headlights after dark. Officers noticed an odor of alcohol, a fixed gaze, watery eyes, and slurred speech. He also had a sway to his stance while outside of his car. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his Second DUI arrest.
Defense:	On tape, it appeared as if the arresting officer was brand new and had no idea how to properly conduct a DUI investigation. Parks & Braxton filed a pretrial motion to exclude the defendant's refusal to perform field sobriety tests. When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences (i.e., Taylor warnings) or the refusal will be excluded from evidence. The officer must state something like "your refusal can be used against you in court", or "I will have to make my decision to arrest based on what I've seen so far." Here, there were no adverse consequences. After conversations with the State prior to trial, they Dropped the DUI, and he received no conviction and no penalties other than a fine and court costs.
Result:	The State dropped the DUI.

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