| Jul 20, 2011 | Case: 10-002171MM10A | Judge Murphy |
| Facts: | The defendant was stopped for weaving at least four times over a two block distance. The officer observed an odor of alcohol, bloodshot eyes, flushed face and extremely slurred speech. Upon exiting, the defendant was completely unsteady and staggering from side to side. The defendant performed and allegedly failed the HGN (eye test), one leg stand as well as the walk and turn test. The defendant was arrested and blew a .170 in the breath machine. | |
| Result: | On the morning of the hearing the Prosecutor conceded the motion and 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 18, 2011 | Case: 2009-CT-017756-O | Judge Miller |
| Facts: | The defendant was stopped for speeding. The officer noticed slow speech and an odor of alcohol. She admitted to drinking and then performed poorly on the roadside tests. After her arrest for DUI, she blew a .173 and a .181. | |
| Result: | The DUI was Dismissed. | |
| Jul 13, 2011 | Case: 10-010491MM10A | Judge Diaz |
| Facts: | The defendant was stopped for driving on the wrong side of the road towards oncoming traffic. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The initial officer then called for a DUI Task Force officer to conduct an investigation. The defendant performed several field sobriety tests on video. Each sobriety test indicated that the defendant was impaired by alcohol. The defendant was then arrested for DUI. Subsequently, the defendant blew a .126 in the breath machine. This was the defendant's Third DUI offense. | |
| Result: | The State agreed with the motion and Dropped the DUI. | |
| Jul 13, 2011 | Case: 2010-CT-002538-O | Judge Bell |
| Facts: | The defendant was stopped for failure to maintain a single lane several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He performed poorly on the roadside tests and was arrested for DUI. The defendant then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jul 13, 2011 | Case: 2010-CT-001331-O | Judge Adams |
| Facts: | The defendant was stopped for weaving. The officer noticed an odor of alcohol, glassy eyes, and the defendant admitted drinking 4 beers. He performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The DUI was Dismissed. | |
| Jul 12, 2011 | Case: 2011-CT-020780AXXX | Judge Bonavita |
| Facts: | The defendant was seen by police coming out of a bar into a parking lot having difficulty maintaining her balance, lethargic movements, stumbling, and leaning on her friend for support. The officer approached the defendant and her friend and noticed the defendant to have bloodshot eyes. The officer then noticed the defendant get into a car and drive off. She was stopped just outside of the parking garage as the officer believed she was impaired. A DUI officer was called and he noticed the defendant to have an odor of alcohol, flushed face, and watery/bloodshot eyes. She then performed the field sobriety tests on camera. After the tests, she was arrested for DUI. She then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jul 12, 2011 | Case: CT-004406-XEP | Judge Dominguez |
| Facts: | The defendant was stopped for driving with no headlights and making a wide left turn. The officer noticed an odor of alcohol, very slurred speech, and glassy eyes. The officer also observed the defendant to be unsteady on his feet. He refused the roadside tests, was arrested for DUI, and then refused the breath test. | |
| Result: | The State Dropped the DUI. | |
| Jul 12, 2011 | Case: 2011-CT-019872AXXX | Judge Evans |
| Facts: | The defendant was observed by police coming down the road toward a closed off crash scene. The officers left one lane open for travel out of four. As the defendant approached, she slowed down and weaved a couple of times. She then slowed down even more and moved over toward the open lane of travel. The officers believed she came to close to them and stopped her car with their hands and yelled stop. They then ordered her to roll down her window. The deputy went up to the car and observed an odor of alcohol, slurred speech, red eyes, and a dazed/disoriented look. She then performed the roadside tests on video tape and exhibited several signs of impairment. She was arrested for DUI. After her arrest, she blew a .140 and .149 in the breath machine. | |
| Result: | Prior to the motion hearing, the State Dropped the DUI. | |
| Jul 11, 2011 | Case: 3034-XDQ | Judge Ortiz |
| Facts: | The defendant came in contact with police after he backed up into a parked cab. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officers, he had difficulty maintaining his balance upon exiting the car. He then performed very poorly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jul 11, 2011 | Case: 11-CT-500011 | Judge Swett |
| Facts: | The defendant was stopped for running a red light. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant showed several signs of impairment on the field sobriety tests which were video taped. After his arrest for DUI, he refused the breath test. | |
| Result: | Just prior to the motion, the State Dropped the DUI. | |
| Jul 11, 2011 | Case: 11-CT-501084 | Judge Swett |
| Facts: | The defendant was stopped for speeding. The officer observed and odor of alcohol and bloodshot eyes. The defendant appeared unsteady when outside the vehicle. According to the officer, he performed poorly on the roadside tests and was arrested for DUI. | |
| Result: | The State Dropped the DUI. | |
| Jul 6, 2011 | Case: 5032-XEP | Judge NO JUDGE ASSIGNED |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and unsteadiness. She performed poorly on roadside tests and was arrested for DUI. She then blew a .180 and .169 in the breath machine. | |
| Result: | The DUI was Dismissed. | |
| Jul 6, 2011 | Case: 11CT500687 | Judge Mann |
| Facts: | The defendant was involved in a motorcycle crash. Based on the injuries sustained in the accident, the defendant was transported to a hospital. After making observations consistent with DUI including bloodshot eyes and an odor of alcohol, the defendant was charged with DUI. The defendant had a .124 blood alcohol level. | |
| Result: | The State dropped the DUI. | |
| Jul 4, 2011 | Case: 10-015053MM10A | Judge Solomon |
| Facts: | The defendant was stopped for driving without headlights. After observing a strong odor of alcohol, red bloodshot eyes and unclear speech, the initial officer called for a DUI task force deputy. The defendant performed several field sobriety tests. On the one leg stand he counted improperly on video. He was subsequently arrested for DUI and refused to submit to a breath test. | |
| Result: | After the meeting, the State agreed to drop the DUI. | |
| Jul 1, 2011 | Case: 2010-CT-006127AXX | Judge Hanser |
| Facts: | The defendant was parked in a parking lot with flat tires and trying to start her car which would not turn over. An officer heard the noise and walked over to her. That initial officer was outside his jurisdiction upon making contact with the defendant. He smelled an odor of alcohol and slurred speech. He asked her to remove the keys and place them on the passenger seat. He then detained her until a DUI officer came from the sheriff's office. That officer made similar observations plus observed swaying. The defendant performed very poorly on roadside tests and after her arrest for DUI blew a .171 and .175 in the breath machine. | |
| Result: | The Judge agreed with our position, granted the motion, and threw out all the evidence. The State then Dismissed the DUI. | |
| Jun 24, 2011 | Case: 2010-CT-032268AXXX | Judge Damico |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slightly slurred speech, and glassy eyes. She admitted drinking one drink and then refused the roadside tests. After her arrest for DUI, she blew a .092 and .088 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 21, 2011 | Case: 10-012082MM10A | Judge Murphy |
| Facts: | The defendant was allegedly involved in a traffic crash. When the DUI officer arrived, he ordered the defendant out of the car and observed an odor of alcohol, slurred speech, and watery eyes. He was off balance upon exiting the car. According to the officers, he failed the field sobriety tests an was arrested for DUI. He then refused the breath test. | |
| Result: | The DUI was Dismissed. | |
| Jun 21, 2011 | Case: CT-000218-XEH | Judge Jeske |
| Facts: | The defendant was stopped for running a stop sign. He admitted having two beers. The officer observed an odor of alcohol, bloodshot eyes, and the defendant was swaying. According to the officer he failed all the roadside tests which were video taped. For example, he put his foot down on the one leg stand and used his arms for balance. He was subsequently arrested for DUI. After his arrest, the defendant blew a .109 and .111 in the breath machine. | |
| Result: | The State Dropped the DUI. | |
| Jun 12, 2011 | Case: 2011-CT-7384 (JURY TRIAL) | Judge Ritterhoff-Williams |
| Facts: | The defendant was stopped for driving all over the road, making a wide turn, and speeding. The officer noticed an odor of alcohol, slurred speech, red eyes, and unsteadiness. The defendant told the officer he drank nothing even though receipts from three bars showed numerous drinks had been consumed. The defendant performed the roadside tests and according to the officer he displayed signs of impairment. The incident was captured on video tape. He was arrested for DUI and then he refused the breath test. This was the defendant's Second DUI. | |
| Result: | The Jury found the defendant Not Guilty. | |
| Jun 6, 2011 | Case: CT-000244-XEX | Judge Jeske |
| Facts: | The defendant was stopped for having no running lights on the back of his car. The officer observed an odor of alcohol, bloodshot eyes, an admission of drinking, and swaying. According to the officer, he performed poorly on the roadside tests which were video taped. After his arrest for DUI, he refused the breath test. | |
| Result: | The State Dropped the DUI. | |
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