| Jul 16, 2026 | Case: 26-CT-017584 | Judge T. Brown |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, a flushed face, and he staggered. The defendant also admitted to having consumed beer. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State about the defendant and the evidence, 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
| Jul 16, 2026 | Case: 26-CT-002113 | Judge Damico |
| Facts: | The defendant was found passed out in his car at a red light. Upon awakening him, officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on the field sobriety exercises, which consisted of the HGN (eye test), one leg stand, and walk and turn. He was arrested for DUI and later blew a .175 and .163 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 30, 2026 | Case: 2026-CT-003191 | Judge Scott |
| Facts: | The defendant was stopped for driving too closely behind another car and he also had an inoperable tag light. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .141 and .135 in the breath machine. | |
| Defense: | After negotiations with the State about the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 25, 2026 | Case: 25-CT-020379 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, and red/watery eyes. She performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. She later blew a .178 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 25, 2026 | Case: 25-CT-003629 | Judge C. Brown |
| Facts: | The defendant was stopped for swerving and striking a curb. Officers noticed an odor of alcohol, slurred speech, and glossy eyes. He performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. He later blew a .159 and .145 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 25, 2026 | Case: 26-CT-005767 | Judge Scott |
| Facts: | The defendant was stopped for weaving, randomly braking, and driving at slow speeds. Officers noticed an odor of alcohol, bloodshot eyes, and unsteadiness. She performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. She later blew a .170 and .161 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 24, 2026 | Case: 26-CT-002153 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery/glassy eyes, and slurred speech. He performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. He later blew a .140 and .139 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 23, 2026 | Case: 25-012725MM10A | Judge Fry |
| Facts: | The defendant was found asleep at the wheel in the middle of the road with the engine running. The police woke the defendant up to determine what was taking place. The police observed alcohol in the car as well as marijuana. The officer stated that he smelled a strong odor of alcohol and noticed bloodshot eyes. A DUI task force officer arrived on scene and conducted an investigation. The officer concluded that the defendant performed poorly on the field sobriety tests and was subsequently arrested for DUI. The defendant refused a breath test. | |
| Defense: | While the arresting officer's report detailed a number of problems the defendant had while performing the tests, the body worn camera footage contradicted his conclusions. The prosecutor called our office in an effort to offer a reduced charge of reckless driving. We rejected the offer and set the case for trial. On the morning of trial, the DUI was DISMISSED. | |
| Result: | The DUI was dismissed. | |
| Jun 23, 2026 | Case: 26-CT-002595 | Judge Scott |
| Facts: | The defendant was found passed out in his truck at a stop sign. Officers noticed an odor of alcohol, red/glassy eyes, and slurred speech. The defendant also appeared unsteady while outside of his vehicle. 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 later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | On tape, his speech was not slurred and was totally normal. Also, he was not off balance or unsteady at all. In addition, his performance on the field sobriety tests was excellent as compared to what was written in the reports. After negotiations with the State, they Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 23, 2026 | Case: AL8GTQE | Judge Mckyton |
| Facts: | The defendant was stopped for allegedly racing on the highway. He allegedly accelerated at a high rate of speed from a red light (a so called exhibition of speed). Officers noticed and odor of alcohol, bloodshot glassy eyes, and slow/methodical | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI and the racing on the highway charge was amended from a criminal charge to a civil careless driving infraction. | |
| Result: | The State dropped the DUI. | |
| Jun 23, 2026 | Case: 26-CM-001444 | Judge Scott |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and she was very argumentative. Due to her combative demeanor, she was arrested for DUI and Resisting an Officer Without Violence. Later, at the station, she performed the field sobriety tests, which consisted of the HGN (eye test), walk and turn, and one leg stand exercises. She subsequently refused a breath test. This was the defendant's Second DUI. | |
| Defense: | After pretrial conversations with the State regarding the evidence and the defendant, the State Dropped her Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 23, 2026 | Case: 26-CT-001728 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slow/slurred speech, and he fumbled with his wallet. He also admitting to having consumed a few drinks. He performed the HGN (eye test), walk and turn, and one leg stand exercises and was subsequently 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. | |
| Jun 23, 2026 | Case: 25-CT-020355 | Judge Scott |
| Facts: | The defendant was found passed out in her car in a parking lot. Upon officers awakening the defendant, they noticed an odor of alcohol, difficulty speaking, bloodshot eyes, and visible vomit on the defendant. She performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. She later blew a .153 and .151 in the breath machine. This was her Second DUI. | |
| Defense: | When the officer arrived, he looked into the driver's side window and then walked to the passenger side. Without ever knocking on the windows or saying anything, he then opened the door and the defendant immediately awoke. She was then ordered out of the car. At that point, officers made all the initial DUI observations. When the officer opened her door and ordered her out, he had no reasonable suspicion of a crime and nor did he have any reasonable belief she was sick, injured, or impaired. Due to the unlawful seizure, the State Dropped her Second DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2026 | Case: 26-CT-003070 | Judge Castor |
| Facts: | The defendant was stopped for weaving all over the road and driving under the speed limit. Officers observed an odor of alcohol, slurred speech, droopy eye lids, confusion, and she staggered. She performed the HGN (eye test), walk and turn, alphabet, finger to nose, and one leg stand exercises and was subsequently arrested for DUI. She 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. | |
| Jun 18, 2026 | Case: 25-CT-002430 | Judge Hitzemann |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, watery/glassy eyes, and he appeared disoriented. He performed the HGN (eye test), walk and turn, and one leg stand exercises and was subsequently arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, the officer had the defendant do the walk and turn and one leg stand on an actual hill. Field sobriety tests are supposed to be conducted on a level surface. Even with the severe slope, the defendant performed much better than as described in the police reports. Also, he did not appear disoriented at all and was quite coherent. After pointing this out to the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2026 | Case: AMGGJBE | Judge Zuroweste |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. Officers observed an odor of marijuana, bloodshot eyes, and a sway to her stance. According to the officer, she performed poorly on the HGN (eye test), walk and turn, finger to nose, estimation of 30 seconds, and one leg stand exercises. She was subsequently arrested for DUI and later provided a urine test which revealed a positive result for Marijuana at the lab. | |
| Defense: | On tape, she performed the field sobriety tests practically perfect. She had no sway and her speech was normal. After negotiations, the State Dropped the DUI to a Civil Careless Driving infraction with only a fine and court costs. | |
| Result: | The State dropped the DUI. | |
| Jun 17, 2026 | Case: 26-CT-000008 | Judge Flowers |
| Facts: | The defendant was stopped for driving the wrong way down a one-way street. Officers observed an odor of alcohol, bloodshot eyes, and she admitted to having consumed two drinks. She performed the HGN (eye test), one leg stand, and walk and turn exercises and was subsequently arrested for DUI. She later blew a .157 and .155 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 17, 2026 | Case: 26-CT-014683 | Judge Valkenburg |
| Facts: | The defendant was stopped for making an illegal left turn. Officers noticed an odor of marijuana, slurred speech, and droopy eye lids. He also had difficulty dividing his attention. He performed the HGN (eye test), walk and turn, and one leg stand exercises and was subsequently arrested for DUI. He later refused a urine test. | |
| Defense: | The officer's written reports over exaggerated all the observations of impairment, including his performance on the field sobriety tests. On tape, his speech was not slurred and he performed the roadside tests much better than as described in the reports. After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 16, 2026 | Case: 25-CT-016769 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and he appeared lethargic. He performed the HGN (eye test) and one leg stand exercises and was subsequently 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. | |
| 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. | |
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