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

OUR RECENT VICTORIES

Apr 8, 2026	Case: 25-CT-014173	Judge Koenig
Facts:	The defendant was found passed out in her car in a Publix parking lot. When officers awoke her, they did not smell any alcohol, but for whatever reason, believed she was under the influence of illegal drugs. The defendant admitted to taking her prescribed Xanax the night before. According to the officer, she performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later provided a urine sample. That sample came back from the FDLE lab positive for multiple controlled substances. This was her Second DUI.
Defense:	There was no reasonable suspicion to order her out of car as there was no indication she was sick, injured, or impaired. She could have just been innocently sleeping. In addition, there was no reasonable suspicion to even conduct a DUI investigation because the only factor was her statement about taking Xanax the night before. The State agreed and Dropped her Second DUI.
Result:	The State dropped the DUI.

Apr 8, 2026	Case: 25-CT-060894	Judge Koenig
Facts:	The defendant was stopped for violation of the move over law. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slow/lethargic movements. His speech was slow and slurred, he swayed while he stood, and he admitted to having consumed three beers. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the officer administering the field sobriety tests was a trainee and had no idea what she was doing. In fact, you could hear one officer asking her if she "ever watched any DUI videos." She blocked anyone from seeing the walk and turn and one leg stand because she parked her car with the dash camera too close. After those were completed, another cop showed up and administered the same roadside tests again. No one knew why. After negotiations with the State, they Dropped the DUI and all he had to do was pay a fine and court costs.
Result:	The State dropped the DUI.

Apr 8, 2026	Case: 25-CT-007830	Judge Taylor
Facts:	The defendant was stopped for weaving over the white dashed lane markers and driving at speeds of 100 miles per hour. Officers noticed an odor of alcohol, bloodshot eyes, unsteadiness, lethargic movements, and he had dark brown vomit on his chest and neck. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .114 and .110 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 8, 2026	Case: 25-CT-012241	Judge Taylor
Facts:	The defendant was stopped for speeding, following too closely, and cutting through vehicles. Officers noticed an odor of alcohol, slurred speech, confusion, fumbling through his documents, unsteadiness, and glassy eyes. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .11 and .11 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 2, 2026	Case: AKWRM8E	Judge Mckyton
Facts:	The defendant was stopped for driving the wrong way and driving over a raised median. Officers noticed and odor of alcohol, slurred/lethargic speech, watery eyes, and he would not maintain eye contact with the officer. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 1, 2026	Case: 25-CT-019707	Judge Valkenburg
Facts:	The defendant was stopped for driving with no headlights. Officers noticed an odor of alcohol, slow/slurred speech, a sway to his stance, and glassy eyes. The defendant refused to perform and field sobriety tests and was arrested for DUI. He later blew a .138 and .137 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 1, 2026	Case: 25-CT-017338	Judge Taylor
Facts:	The defendant was stopped for improper passing and driving into oncoming traffic. Officers noticed an odor of alcohol, slurred speech, he staggered and had bloodshot eyes. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI arrest.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 31, 2026	Case: 25-CT-002066	Judge Lux
Facts:	The defendant was found passed out in his car on the side of the road. Officers noticed an odor of alcohol, bloodshot/watery eyes, and slightly slurred speech. He appeared disheveled and disorderly. The defendant stated that he had been chilling out and didn't want to drink and drive. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), finger to nose, one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .110 and .107 in the breath machine.
Defense:	After conversations with the State, although not a legal defense, the defendant was doing the right thing by pulling over and not driving anymore.
Result:	The State dropped the DUI.

Mar 30, 2026	Case: 25-CT-057827	Judge Garagozlo
Facts:	The defendant was stopped for weaving and running a stop sign. Officers noticed an odor of alcohol, slurred speech, and glossy/bloodshot eyes. He also swayed while he stood, was clumsy, and appeared confused. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .187 and .185 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 30, 2026	Case: 25-CT-004310	Judge Gould
Facts:	The defendant was stopped for making an improper left turn, almost striking a curb, and weaving as well. Officers noticed an odor of alcohol, slurred speech, he admitted to having drank four beers, and he had a slight sway. The defendant also stated that he knew he was not good to drive. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), estimation of 30 seconds, one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .207 and .190 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 27, 2026	Case: 25-CT-004572	Judge J. Steele
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he stated that he had consumed two beers. The defendant swayed while standing and lost his balance while getting out the car. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .170 and .169 in the breath machine.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 27, 2026	Case: 25-CT-002138	Judge J. Steele
Facts:	The defendant drove up to the police to discuss a domestic violence situation. Officers noticed an odor of alcohol. According to the officer, she performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test.
Defense:	An odor of alcohol alone, without more, especially no driving pattern, is not enough to allow an officer to lawfully request field sobriety tests. After conversations with the prosecutor, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 27, 2026	Case: 25-CT-058665	Judge Koenig
Facts:	The defendant was stopped for weaving all over the road. Officers noticed an odor alcohol, slurred/incoherent speech, watery eyes, fumbled dexterity, and he swayed while walking. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 23, 2026	Case: 25-CT-007441	Judge Valkenburg
Facts:	The defendant backed his car up in a parking lot into the front bumper of a patrol car. Officers noticed an odor of alcohol, glassy eyes, and a sway to his stance. The defendant refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	First, on tape, he had no sway to his stance and his speech was normal. The backing up into the patrol car was literally a tap and there was no damage. However, it became a five-alarm fire with over ten cops involved. The defendant was asked numerous times to do the field sobriety tests and still refused. He even reiterated to the cop "these are voluntary right?" The firm announced ready for trial. Just before trial, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 20, 2026	Case: 25-CT-001372	Judge J. Steele
Facts:	The defendant was the at fault driver in a rear end crash on I-75. The Trooper who arrived noticed the defendant to have an odor of alcohol bloodshot/glassy eyes, a sway, and a flushed face. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test. This was the defendant's 5th DUI arrest and has 3 prior convictions. The defendant was charged with a 4th DUI.
Defense:	The officer wrote that the defendant almost fell while doing the walk and turn. That was a false written statement as that never happened on tape. In addition, the officer made a statement on tape that "it was too dangerous to do the field sobriety tests on the side of highway" as cars and trucks were whizzing by and it was very loud. Yet, he still had the defendant do them within feet of vehicles flying by. On tape, he performed very well as compared to what was written. The firm announced ready for trial. A week or so before trial, the State Dropped his 4th DUI (5th DUI arrest). It should be noted that the firm also beat his last DUI arrest as well. Each time saving him from being convicted of a 4th DUI and losing his driver's license for life.
Result:	The State dropped the DUI.

Mar 19, 2026	Case: 25-CF-032385	Judge Musselman
Facts:	Officers responded to a 911 call regarding a male in his underwear staring at a building. When officers arrived, they observed the defendant stopped in the road and sitting in his vehicle with the engine on. There was no odor of alcohol, but they noticed that his speech was slurred and slow, he had no shirt on, was in a bathing suit, and he had sand all over him. His eyes were bloodshot, his pupils were constricted, and his statements to officers made absolutely no sense. Believing he was impaired by drugs, he was requested to perform roadside tests. He performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a urine test. After his arrest, officers found two controlled substances and he was also charged with two counts of felony possession.
Defense:	In order to prove a DUI under the Florida Statute 316.193, the State must prove that the defendant is impaired by alcohol, and/or a controlled substance, and/or a chemical substance. Here, they could not do that, most importantly, because the defendant did not make any statements about taking drugs. After negotiations, the State Dropped the DUI. In addition, after providing mitigation evidence to the State on behalf of the defendant, they also Dropped both felonies to misdemeanors.
Result:	The State dropped the DUI.

Mar 17, 2026	Case: 25-CT-012176	Judge Valkenburg
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, droopy eyelids, slurred speech, and fumbling fingers. He also exhibited bloodshot/watery eyes, a blank/dazed state, and slow/deliberate movements. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 16, 2026	Case: 25-CT-008626	Judge Uzabel
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol and bloodshot/watery eyes. The defendant agreed to perform only the HGN (eye test) and then refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the officer told the defendant that it is not a crime to drink and drive, only if your normal faculties are impaired." Here, there was not one normal faculty that was impaired. Also, the cop said on tape, "I see you are standing well" (i.e., good balance.) After negotiations, the State dropped the DUI.
Result:	The State dropped the DUI.

Mar 12, 2026	Case: 25-CT-013440	Judge Scott
Facts:	The defendant crashed her car off the highway into a wooded area. The defendant had an odor of alcohol, she was screaming, and had bloodshot eyes. The defendant was taken to the hospital. The defendant provided a blood sample which later revealed a result of .169. The defendant was later arrested for DUI.
Defense:	After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Mar 5, 2026	Case: 25-CT-016759	Judge Smith
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, slurred/thick tongued speech, and she was unable to keep her balance. The defendant refused to perform any roadside tests and was arrested DUI. She later refused a breath test. This was her Second DUI.
Defense:	After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the Second DUI.
Result:	The State dropped the DUI.

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