| Apr 1, 2012 | Case: 0021-XBU (JURY TRIAL) | Judge Seraphin |
| Facts: | The defendant was initially seen by anonymous concerned citizens driving all over the road. Police dispatch was informed that the defendant had pulled over to the side of the shoulder on the highway. Fire rescue was called to the scene. Sometime later, a State Trooper arrived and found the defendant sitting in the driver's seat of the car awake. The keys to the car were on the dashboard at this point. The officer noticed an odor of alcohol, mumbled/slurred speech, poor balance, and bloodshot eyes. He refused the roadside tests and was arrested for DUI. After his arrest, he admitted to drinking six vodka drinks, coming from a bar, and was on his way home. Also, he took a breath test which resulted in two samples of a .211 and .216. This was the defendant's Second DUI and third DUI arrest. | |
| Result: | The Jury found the defendant Not Guilty. | |
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
| Mar 29, 2012 | Case: 2011-CT-6398-XBN | Judge Roberts |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant was unsteady and staggering according to the officer. He performed the roadside tasks at the request of the officer which were video taped. According to the officer, he performed very poorly and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that almost every observation that the officer made in his written reports were contradicted by the video tape. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: 2012-CT-004929AXXX | Judge Castor |
| Facts: | The defendant was seen by a police officer standing outside his car talking on a cell phone stumbling around. Both tires were flat on the car and the officer wanted to see if the defendant was okay. He then observed the defendant to have an odor of alcohol and slurred speech. He was requested to perform field sobriety tests and after refusing to do them and being very argumentative, he was arrested for DUI. The defendant was also almost falling over while talking to the officer. | |
| Result: | The DUI was Dismissed. | |
| Mar 28, 2012 | Case: 11-005676MM10A | Judge Cowart |
| Facts: | The defendant was stopped for driving on the wrong side of the road on a highway. The defendant was going southbound in the northbound lanes. The officer observed a strong odor of alcohol, watery eyes as well as slurred speech. The defendant stated that she knew she was wrong and was coming home from a restaurant. She then stated that she had two captain and cokes. The defendant was allegedly off balance as she exited the car. The defendant was asked to perform field sobriety tests. After performing the walk and turn, one leg stand and HGN (eye test), she was arrested for DUI. She subsequently refused to provide a breath test. This was the defendant's 3rd DUI. | |
| Result: | The State conceded the motion to suppress and dropped the DUI. | |
| Mar 28, 2012 | Case: CT-253597-X | Judge Dominguez |
| Facts: | The defendant was detained by the police at the airport exit for failing to pay for parking. The officers observed an odor of alcohol, inconsistent responses upon questioning by the police, bloodshot eyes, and unsteadiness upon exiting the vehicle. The defendant refused the roadside tasks and was arrested for DUI. The officers considered her to be impaired by a chemical and/or controlled substance versus alcohol due to her actions. | |
| Result: | The DUI was Dismissed. | |
| Mar 22, 2012 | Case: CT-006903-XEY | Judge Myers |
| Facts: | The defendant was stopped by police after allegedly being involved in a hit and run traffic crash. The officers noticed damage to the defendant's car. He had an odor of alcohol upon his breath, slurred speech, bloodshot eyes, and he walked in a "zig zag" pattern once out of the car. They also saw the defendant stumble. There was no video tape of the DUI investigation at the scene. The defendant refused the roadside tests and was arrested for DUI. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Mar 22, 2012 | Case: 2011-CT-7167-A-O | Judge Shoemaker |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He performed the roadside tasks at the request of the officer and they were video taped. According to the officer, he performed poorly and was arrested for DUI. | |
| Defense: | Parks & Braxton pointed out to the State that on the video tape none of the defendant's "normal faculties" were impaired. | |
| Result: | The State Dropped the DUI. | |
| Mar 21, 2012 | Case: 11-CT-504601 | Judge Hayes |
| Facts: | The defendant was stopped for having illegal tint on his car windows. The officer noticed an odor of alcohol and red/watery eyes. The defendant also admitted to drinking beer. According to the officer, he performed poorly on the roadside tests which were video taped. He was then arrested for DUI and refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Mar 20, 2012 | Case: 48-2011-CT-013646-A-O | Judge Craner |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. Upon initial questioning the defendant admitted to drinking that evening. The defendant consented to perform field sobriety exercises which were video taped. The defendant performed the HGN (eye test), walk and turn as well as the one leg stand test. The defendant was subsequently arrested for DUI. | |
| Defense: | Prior to trial, Parks & Braxton pointed out to the State that the results of the field sobriety tests were administered improperly. For example, on video you can clearly see a distinct pitch on the roadway where the defendant was asked to perform the walk and turn test. | |
| Result: | On the morning of Jury trial, the State Dropped the DUI. | |
| Mar 20, 2012 | Case: CT-005851-XFA | Judge Jeske |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, lethargic movements, and bloodshot eyes. According to the officer, she performed poorly on the roadside tasks which were video taped. She was then arrested for DUI. After her arrest for DUI, she blew a .117 and .115 in the breath machine. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Mar 20, 2012 | Case: CT-003286-XGA | Judge Jeske |
| Facts: | The defendant was found passed out in his vehicle at an intersection by the police. The officers noticed an odor of alcohol, bloodshot eyes, a dazed look, and unsteadiness. The defendant refused the roadside tasks and was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton prepared the case for trial. | |
| Result: | The State Dropped the DUI. | |
| Mar 19, 2012 | Case: CT-006900-XEF | Judge Conrad |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers noticed an odor of alcohol, bloodshot/watery/glassy eyes, "fumbling" fingers, and slurred speech. They also noticed she was unsteady on her feet upon exiting the vehicle. The defendant performed the roadside tests at the request of the DUI officer which were video taped. For example, on the one leg stand, she put her foot down, swayed, and used her arms for balance. On the finger to nose, she did not touch the tip of her nose with her index finger and used the wrong hand. The defendant was arrested for DUI and subsequently refused the breath test. This was the Defendant's Second DUI. | |
| Defense: | Parks & Braxton were ready for a jury trial. | |
| Result: | The State Dropped the DUI. | |
| Mar 13, 2012 | Case: 2011-CT-4134 | Judge Hitzemann |
| Facts: | The defendant was involved in a single car crash whereby he allegedly struck a tree off the roadway. The defendant made several statements to the officer about being involved in the crash and how it happened. The officer made contact with the the defendant while he was in the ambulance. The officer observed an odor of alcohol, slurred speech, and unsteadiness upon exiting the ambulance. He was asked to perform roadside tasks which he performed very very poorly on video tape. He was then arrested for DUI. This was the defendant's Second DUI. | |
| Result: | The DUI was Dismissed. | |
| Mar 13, 2012 | Case: 2012-CT-481-A-O | Judge Miller |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and difficulty finding his registration. The officer observed unsteadiness as the defendant exited the car. He was asked to perform roadside sobriety exercises. The defendant performed poorly on the first test and then he refused to continue with the rest of the tests. The defendant said "just talk me to jail" and he was arrested for DUI. He then refused the breath test. | |
| Defense: | Parks & Braxton were ready for jury trial. | |
| Result: | On the morning of Jury Trial, the State Dropped the DUI. | |
| Mar 2, 2012 | Case: 05-2011-CT-037416-AXXX-XX (JURY TRIAL) | Judge Atkin |
| Facts: | The defendant was found passed out in the drive thru of a fast food restaurant. Officers were called to the scene and could not wake him up even by shaking him and yelling. They had to use a sternum rub to wake him up. They then observed an odor of alcohol, bloodshot eyes, and slurred speech. Upon being woken up, the defendant began to scream at the officers. A DUI investigator/drug recognition expert was called to the scene and made similar DUI observations. He also stated the defendant staggered upon exiting the car. According to the officer, he performed poorly on the roadside tests which were video taped. The defendant was then arrested for DUI and subsequently refused the breath test. This was the defendant's second DUI within five years. | |
| Result: | During jury deliberations, the State Dropped the DUI. | |
| Mar 1, 2012 | Case: 5970-XEM | Judge Ortiz |
| Facts: | The defendant's car was seen by a concerned citizen hitting several barricades and dragging one of them. Police were called and observed damaged barricades and water spouting out from a pipe in the pavement. Officers eventually made contact with the defendant at her house. They observed an odor of alcohol, staggering, and slurred speech. When officers went inside her house, they saw several shot glasses and an open bottle of tequila. She performed the roadside tests very poorly and was arrested for DUI. After her arrest, she blew a .180 and .181 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Feb 24, 2012 | Case: 2011-CT-022808AXXX | Judge Castor |
| Facts: | The defendant was stopped for continually swerving and weaving. The officer noticed an odor of alcohol, slurred/mumbled speech, and watery eyes. She stated she drank two beers. She performed very poorly on the roadside tests and was arrested for DUI. She then refused the breath test. | |
| Defense: | Parks & Braxton discovered during a pre-trial discovery investigation that the roadside video tape had been lost, destroyed, and/or corrupted. No one at the police department could answer our questions as to the whereabouts of the tape which was material evidence in the case. | |
| Result: | Prior to filing any motions to dismiss for destruction of material evidence, the State Dropped the DUI. | |
| Feb 23, 2012 | Case: 2011-CT-00913-A-M | Judge Becker |
| Facts: | The defendant was involved in a one car crash whereby she was ran over several rocks and ended up in a flower bed. No one witnessed the crash, and when the police officer arrived, the defendant was outside the car. The officer noticed an odor of alcohol and unsteadiness. The defendant admitted to being involved in the crash. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew a .192 and .177. | |
| Defense: | Parks & Braxton prepared and filed a pre-trial motion to exclude the defendant's statements about her involvement in the crash. In our motion, we alleged the statements were obtained in violation of the accident report privilege. The State conceded the motion and all statements were excluded. Thus, the State could not place the defendant in actual physical control at the time of the crash. | |
| Result: | The DUI was Dismissed. | |
| Feb 23, 2012 | Case: 2012-CT-001340AXXX | Judge Eissey |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed poorly on the roadside tests which were video taped and was arrested for DUI. The officer suspected he was impaired not by alcohol, but rather by a chemical and/or controlled substance. | |
| Result: | The State could not prove by which specific chemical and/or controlled substance impaired the defendant as required by Florida Statutes. The DUI was Dismissed. | |
| Feb 22, 2012 | Case: 2010-CT-008690-A-O | Judge Shoemaker |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The officer noticed an odor of alcohol, bloodshot eyes, thick tongued speech, and unsteadiness. The defendant was wearing a wristband from a bar. The defendant admitted to drinking one shot, one drink, and was not stone sober. The defendant also admitted to taking a controlled/prescribed medication that day. According to the officer he performed poorly to the roadside tests and was arrested for DUI. This was the defendant's second DUI arrest within a couple of years. | |
| Result: | On the morning of jury trial, the State Dropped the DUI. | |
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