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

OUR RECENT VICTORIES

Aug 14, 2012	Case: 11-4709MM10A	Judge Solomon
Facts:	The defendant was stopped for running a stop sign. The officer smelled an odor of alcohol. The defendant also had a difficult time exiting her vehicle. The officer called for DUI task force to complete the investigation. The defendant agreed to perform field sobriety tests. On the finger to nose test she failed to remove her finger from her nose and failed to keep her eyes closed. On the one leg stand she dropped her foot after 3 seconds. On the walk and turn test she took 29 steps instead of 18 steps. She stepped off the line and failed to walk heel to toe. The officer arrested the defendant for DUI. This was her second DUI.
Defense:	Despite the officer's report indicating her poor performance on the field sobriety tests, there was no video to substantiate his observations. As a result, Parks & Braxton announced ready for trial.
Result:	The State dropped the DUI on the morning of trial.

Aug 8, 2012	Case: 9666-XEX	Judge Seraphin
Facts:	The defendant was stopped for swerving. The officer noticed the defendant to be disoriented/confused, an odor of alcohol, mumbled/slurred speech, watery eyes, and he almost fell getting out of the car. He failed every roadside test and was arrested for DUI. After his arrest, he blew a .234 and .229 in the breath machine.
Result:	The State Dropped the DUI.

Aug 7, 2012	Case: CT-004921-XGA	Judge Weis
Facts:	The defendant was stopped by a police officer as he was walking out of a concert. The officer noticed an odor of alcohol, slurred speech, and saw the defendant stumbling. She told the defendant do not drive. About 45 minutes later, he was seen driving out of parking garage and was then stopped again in his car. A DUI officer was called and made similar observations. The defendant was requested to perform the roadside tasks and did not perform up to standards. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Aug 6, 2012	Case: 9095-XEC	Judge Wolfson
Facts:	The defendant was found by police sitting in his car through several red and green light cycles. Upon contact, the officer observed the defendant to have an odor of alcohol, watery eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .108 and .101 in the breath machine.
Result:	The State Dropped the DUI.

Aug 5, 2012	Case: 11-CT-506073	Judge Adams
Facts:	The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, slurred speech, and a sarcastic attitude. According to the officer, she performed poorly on the roadside tests which were video taped. She was then was arrested for DUI. After her arrest, she refused the breath test.
Result:	On the morning of Jury Trial, the State Dropped the DUI.

Aug 1, 2012	Case: 5606-CZO	Judge Seraphin
Facts:	The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, and the defendant admitted to drinking. According to the officer, he did not perform up to standards on the roadside tests. For example, on the walk and turn test, he stepped off the line and took an incorrect number of steps. On the one leg stand test, he put his foot down and swayed. He was then arrested for DUI. After his arrest, he refused the breath test.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Jul 30, 2012	Case: CT-009660-XEG	Judge Greco
Facts:	The defendant was stopped for swerving. The officer observed an odor of alcohol, fumbling fingers, and watery/glassy eyes. The defendant exhibited lethargic movements and admitted to drinking beer. According to the officer, he failed the roadside tests and was arrested for DUI. After his arrest, he blew a .153 and .156 in the breath machine.
Result:	The Judge granted our motion and threw out the breath test results. The State then Dropped the DUI.

Jul 27, 2012	Case: 12-CT-501836	Judge Hayes
Facts:	The defendant was stopped for driving the wrong way down a one way road towards a patrol car. A traffic stop was conducted and the officer noticed an odor of alcohol, unsteadiness, and bloodshot eyes. According to the officer, the defendant performed poorly on the video taped roadside tests. He was then arrested for DUI. After his arrest, he blew a .092 and .085 in the breath machine.
Defense:	Parks & Braxton were prepared for trial.
Result:	The State Dropped the DUI.

Jul 27, 2012	Case: 3823-XED	Judge Wolfson
Facts:	The defendant was stopped for running a red light and swerving. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and he was unable to maintain his balance. He did not perform up to standards on the field sobriety tests and was arrested for DUI. After his arrest, he blew a .234 and .224 in the breath machine.
Defense:	Parks & Braxton prepared the case for trial.
Result:	The State Dropped the DUI.

Jul 25, 2012	Case: CTC11-6024XDVANC-L	Judge Vaccaro
Facts:	The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession.
Result:	The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years.

Jul 5, 2012	Case: 5834-XEM	Judge Denaro
Facts:	The defendant was stopped for weaving. The officer noticed an odor of alcohol, she was falling asleep, slurred speech, and bloodshot eyes. The defendant admitted that she felt the effects of the alcohol at the time of driving. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .129 and .128 in the breath machine.
Defense:	Parks & Braxton were ready for trial.
Result:	The State dropped the DUI.

Jul 2, 2012	Case: 2011-CT-022698AXXX	Judge Evans
Facts:	The defendant was stopped for driving the wrong way down a one way street. The officers observed slurred/mumbled speech, an odor of alcohol, and unsteadiness exiting the vehicle. The defendant admitted to having a couple of drinks. According to the arresting officer, he did not perform up to standards on the roadside tests which were video taped and then he was arrested for DUI.
Result:	The State Dropped the DUI.

Jun 27, 2012	Case: 2117-XAZ	Judge Seraphin
Facts:	The defendant was stopped for speeding as he was driving over 120 miles per hour. The officer noticed an odor of alcohol, a confused look, mumbled speech, and he used the car for support. He refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result:	The State Dropped the DUI.

Jun 27, 2012	Case: 2012-CT-003478AXXX	Judge Bonavita
Facts:	The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and the defendant admitted to consuming two drinks. According to the officer, she failed the roadside tests which were not video taped. For example, she mixed up the letters to the alphabet several times on the alphabet test. Furthermore, on the one leg stand, she put her foot down numerous times. Also, on the walk and turn, the first time she tried it she took 16 steps instead of the required 9 steps. She was arrested for DUI and later refused the breath test.
Defense:	Parks & Braxton prepared the case and announced ready for trial.
Result:	On the morning of trial, the State Dropped the DUI.

Jun 22, 2012	Case: 2011-MM-011427-A	Judge Schott
Facts:	The defendant was stopped by police based on an anonymous call about a red pickup truck driving in a reckless manner. Officers observed the defendant's truck which matched the description given by the caller. The officer then observed an alleged driving pattern on his in-car video of the defendant. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. They also found an open bottle of whiskey in the truck. He performed very poorly on the roadside tests on video tape and was arrested for DUI. After his arrest, he blew a .252 and .252 in the breath machine.
Result:	On the day of the motion hearing, the State Dropped the DUI.

Jun 21, 2012	Case: 810-183MM10A	Judge Cowart
Facts:	The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's second DUI.
Defense:	Parks & Braxton pointed out to the State that all of the observations by the officer were contradicted by the video tape.
Result:	The State Dropped the DUI.

Jun 21, 2012	Case: 10-183MM10A	Judge Cowart
Facts:	The defendant was stopped for almost cutting off another car at an intersection. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and lethargic movements. The defendant could hardly stand according to the officer without assistance. He was asked to sit down for safety purposes. The defendant refused all roadside tests on video tape. After his arrest, he refused the breath test. This was the defendant's Second DUI.
Result:	The State Dropped the DUI.

Jun 19, 2012	Case: 4380-XDY	Judge Miranda
Facts:	The defendant was stopped for swerving and having no headlights. The officer observed an odor of alcohol, low speech, and watery eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .139 and .142 in the breath machine.
Result:	The State Dropped the DUI.

Jun 19, 2012	Case: 8419-XEX	Judge Miranda
Facts:	The defendant was stopped for swerving all over the road. The officer noticed an odor of alcohol, a confused look, raspy speech, and blood-shot eyes. He performed poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .143 and .147 in the breath machine.
Result:	The State Dropped the DUI.

Jun 1, 2012	Case: 2011-CT-036569AXXX	Judge Damico
Facts:	The defendant was stopped by the police after he allegedly backed his white car into a green dumpster which was allegedly witnessed by the officer. The officer then noticed an odor of alcohol, red eyes, slurred speech, and the defendant was verbally combative. According to the officer, he failed the roadside tests which were not video taped. He was then arrested for DUI. He then refused the breath test.
Defense:	Parks & Braxton took a pre-trial deposition of the arresting officer. In deposition, we pointed out that the officer never even checked to see if there was any paint transfer from the dumpster to the car. Also, it was brought out during questioning that the defendant performed much better on the roadside tests than described in the reports as the officer wrote a very vague report with hardly any details. The officer also could not remember many specifics.
Result:	The State Dropped the DUI.

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