| Aug 22, 2008 | Case: 08-507623WTWS | Judge Salton |
| Facts: | The defendant was stopped for squealing his tires. He allegedly did a "burnout" 4-5 times according to the officer. Once stopped, the officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed very poorly on roadside tests and then blew a .209 in the breath machine. This was the defendant's second DUI. | |
| Result: | THE JUDGE, AFTER REVIEWING FLORIDA LAW, GRANTED THE MOTION TO SUPPRESS AND THREW OUT ALL THE EVIDENCE. THE STATE DROPPED THE DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Aug 20, 2008 | Case: 07-005578MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving 65mph in a 45mph zone. The first officer on scene observed a strong odor of alcohol and bloodshot watery eyes. A DUI officer arrived and performed field sobriety tests. On the walk and turn test the officer stated that the defendant stepped off the line 7 times and failed to walk heel to toe. On the one leg stand he allegedly dropped his foot 3 times and swayed while attempting to balance himself. He then stated that he drank a few Captain Morgan's and was going home. He was arrested for DUI. | |
| Result: | The State dropped the DUI in the middle of the motion to suppress. | |
| Aug 13, 2008 | Case: 2007-CT-019166AXX | Judge Keyser |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, glassy eyes, and a bottle of bottle of Jack Daniels in the car. The defendant admitted to drinking and was asked to perform field sobriety tests which were video taped. According to the officer, he performed poorly on the one leg stand and walk and turn tests and then was arrested for DUI. He subsequently refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Aug 12, 2008 | Case: 2008CT-025724AXX | Judge Eissey |
| Facts: | The defendant crashed into a median on interstate 95 after he lost control of the car when a tire blew out. When the officer arrived, he observed an odor of alcohol and slurred speech. The airbags had deployed and the defendant had glass on his face from the impact of the crash. The officer then requested that the defendant perform field sobriety tests and the defendant complied. On the walk and turn test, he failed to touch heel to toe, stepped off the line, and almost fell. On the one leg stand exercise, he counted to three and then used the wall for support. The defendant was arrested for DUI and then refused the breath test. | |
| Result: | JUST PRIOR TO THE MOTION HEARING, THE STATE DROPPED THE DUI. | |
| Aug 9, 2008 | Case: 3113-XCK | Judge Arzola |
| Facts: | The defendant was observed driving her vehicle into a tree. When the officers arrived, the defendant's car was still in drive resting against the tree. The officer observed an odor of alcohol, bloodshot watery eyes and slurred speech. She then performed several field sobriety tests. On the walk and turn test the defendant lost her balance during the instructions, failed to touch heel to toe and stepped off the line. On the one leg stand, the defendant put her foot down several times. On the finger to nose test, she failed to touch her finger to her nose. On the balance test she swayed and estimated 20 for 30 seconds. She was arrested for DUI. This was her 3rd DUI. | |
| Result: | The DUI was dismissed. | |
| Aug 7, 2008 | Case: CT-008423-XCL | Judge Conrad |
| Facts: | The defendant was stopped for drifting and driving at different speeds. The officer noticed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking a couple of drinks and then performed the roadside tasks. According to the officer, she performed poorly and was arrested for DUI. After her arrest, she blew a .135 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Aug 1, 2008 | Case: 2007CT15979-O | Judge Cheek |
| Facts: | The defendant was on video weaving all over the roadway. The trooper requested that the defendant exit the car, and she replied "no". The trooper observed a strong odor of alcohol, bloodshot eyes and thick slurred speech. He also stated that she had an orbital sway throughout the investigation. She refused all testing and was arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Aug 1, 2008 | Case: CT-07-46837MMAES | Judge Beck |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, glassy eyes, and a flushed face. As the defendant exited her car, she staggered. She performed poorly on roadside tests. For example, on the walk and turn test, she stepped off the line numerous times and did not touch heel to toe. On the finger to nose, she did not close her eyes, did not remove her arms from her nose, and swayed. After her arrest for DUI, she blew a .163 in the breath machine. This was the defendant's second DUI within the past five years. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 29, 2008 | Case: CT-08-003885-XC0 | Judge Conrad |
| Facts: | The defendant was stopped for speeding. A DUI task force officer responded to conduct the investigation. He first observed that the defendant had difficulty exiting the car and maintaining his balance. He had to be assisted by the officer to keep from falling. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant performed the following field sobriety tests. On the walk and turn test he failed to touch heel to toe, used his arms for balance and stepped off the line. On the one leg stand he dropped his foot 3 times. On the finger to nose he missed his nose 4 times. Finally, he failed to recite the alphabet correctly. He admitted to drinking 3 "Amber Bock" beers, and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 15, 2008 | Case: 20007-CT-007496AXX | Judge Eissey |
| Facts: | The defendant was stopped for swerving and almost striking a median. The officer observed the defendant to be non-compliant, could not stand still, have loud speech, was very impatient, and appeared "wirery." The officer believed that the defendant was impaired by something, although she did not smell any alcohol. The officer also noted dilated pupils. The defendant performed poorly on the roadside tests and was arrested for DUI. After her arrest, the officer found hydrocodone in her car. The defendant provided a urine sample which tested positive for a controlled substance. (Hydrocodone). Although the defendant was prescribed the Hydrocodone, she was still charged with Driving Under the Influence of a Controlled Substance. | |
| Result: | THE DUI WAS DISMISSED. | |
| Jul 14, 2008 | Case: 489889-X | Judge Fernandez |
| Facts: | The defendant was stopped for allegedly backing his truck into a pedestrian in a parking lot. The officer investigating the crash detained the defendant, however, he did not witness the crash. A DUI officer was called to the scene and the DUI officer noticed an odor of alcohol, slurred speech, flushed face, and bloodshot eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. After his arrest for DUI, the defendant blew a .119 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 14, 2008 | Case: 9648-XDJ | Judge Ortiz |
| Facts: | The defendant was stopped based on a BOLO (be on the lookout) for a car driven by an intoxicated individual who was involved in an altercation at a party. The officer spotted the car and stopped the defendant. He observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant was detained and brought back to the party to be identified and get further information about the altercation. No roadsides were conducted due to the defendant's intoxicated state, crying, and admissions of drinking. He was arrested for DUI and blew a.159 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 14, 2008 | Case: 7290-XDL | Judge Bloom |
| Facts: | The defendant was stopped for driving on the wrong side of the road. The officers noticed an odor of alcohol, slurred speech, a flushed face, and bloodshot eyes. The defendant performed poorly on the roadside tests. For example, he put his foot down four times on the one leg stand. He then refused the breath test after his arrest for DUI. This was the defendant's second DUI. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 11, 2008 | Case: CT-009068-XAM | Judge Conrad |
| Facts: | The defendant was stopped for speeding and swerving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a dazed look. The defendant performed the field sobriety tests and was arrested for DUI. All the roadside tests were video taped. After his arrest, the defendant blew a .093 and a .097 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 5, 2008 | Case: CT-000012-XCG | Judge Dominguez |
| Facts: | The defendant was stopped for failing to maintain a single lane on at least four occasions. The officer noticed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant admitted drinking six beers over the course of the night and performed poorly on roadside tests. After his arrest for DUI, he blew a .181 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jul 4, 2008 | Case: 6287-XAE | Judge Arzola |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant stumbled and had to lean against the rear of the car for balance. According to the arresting officer, the defendant failed the field sobriety tests. After his arrest for DUI, the defendant blew a .152 in the breath machine. | |
| Result: | On the morning of trial, THE STATE DROPPED THE DUI. | |
| Jul 3, 2008 | Case: 07-MM-12592-A | Judge Herr |
| Facts: | The defendant was stopped for driving on the wrong side of the road. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and slow movements. At the scene, the defendant admitted he was impaired. The incident at the scene was not video taped and the defendant was arrested for DUI. At the jail, the defendant performed roadside tasks on videotape. He then blew a .216 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jun 30, 2008 | Case: 2007-CT-00643-A-M | Judge Becker |
| Facts: | The defendant was stopped for speeding and weaving. The officer observed unsteadiness, an odor of alcohol, and the defendant appeared confused and disoriented. She performed poorly on the roadside tests and was arrested for DUI. The defendant admitted to drinking vodka and cranberry beverages. After her arrest for DUI, the defendant blew a .194 in the breath machine. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jun 27, 2008 | Case: 48-2006-CT-5443-0 | Judge Wixtrom |
| Facts: | The defendant was stopped for running a stop sign. The officer observed an odor of alcohol, red/glassy eyes, and unsteadiness. The defendant performed poorly on the road side tests. For example, on the walk and turn test, he did not touch heel to toe, stepped off the line, and did not turn correctly. The defendant was subsequently arrested for DUI. | |
| Result: | THE STATE DISMISSED THE DUI. | |
| Jun 23, 2008 | Case: CT-002251-FMP | Judge Barber |
| Facts: | The defendant was stopped for continuously weaving within her lane. The officer noticed an odor of alcohol and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tasks which were video taped. The defendant was subsequently arrested for DUI. | |
| Result: | THE STATE DISMISSED THE DUI. | |
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