| Apr 30, 2008 | Case: 07-CT-030469AXX | Judge Corlew |
| Facts: | The defendant was stopped for fishtailing, driving over a curb, and driving on the fog line. The officer observed thick/slurred speech and glassy eyes. The defendant performed very poorly on roadside tests which were video taped. The defendant denied drinking and denied taking any medication. The arresting officer was also a Drug Recognition Expert with specialized training. The arresting officer could not smell any odor of alcohol on the defendant due to a sinus infection. However, there were other officers on the video tape as back ups. The defendant was arrested for DUI and subsequenlty refused the breath test. This was the defendant's second DUI and he was also charged with refusing the breath test for the second time. | |
| Result: | The State conceded the motion to suppress and DISMISSED THE DUI AND REFUSAL CHARGE. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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OUR RECENT VICTORIES
| Apr 29, 2008 | Case: 06-12896MM10A | Judge Lerner-Wren |
| Facts: | The defendant was the driver in a "roll over" accident. The officer observed an odor of alcohol, bloodshot eyes and droopy eyelids. Despite the accident, the officer still administered field sobriety tests. Based on his performance he was arrested for DUI. He blew a .159 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 28, 2008 | Case: 89-031278MM10A | Judge Ireland |
| Facts: | The defendant was stopped for weaving all over the roadway. The officer observed an odor of alcohol, and bloodshot eyes. He also had an open container of beer in the car. The defendant allegedly failed the walk and turn test and was arrested for DUI. He subsequently blew a .160 in the breath machine. | |
| Result: | On the morning of trial the State dismissed the DUI. | |
| Apr 28, 2008 | Case: 07-CF21727 | Judge Reese |
| Facts: | The defendant was stopped for speeding. When the officer spoke with the defendant he observed a strong odor of alcohol, bloodshot eyes, dilated pupils and slurred speech. In addition, the officer noticed a clear cup in the center console containing an alcoholic beverage. The defendant performed the one leg stand, walk and turn test as well as the finger to nose. Based on his performance he was arrested for DUI. Also in the center console was a plastic bag with cocaine. He was arrested for DUI and possession of cocaine. | |
| Result: | The State dropped the DUI. In addition, the defendant was not convicted of the cocaine charge. | |
| Apr 28, 2008 | Case: 05-016456MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, bloodshot eyes and that he was unsteady on his feet. He stated he had three beers at "Chili's". On the one leg stand he placed his foot down 4 different times. On the walk and turn test he lost his balance and had gaps on each step. On the finger to nose test he missed the tip of his nose with his finger. He was arrested for DUI and blew a .113 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Apr 23, 2008 | Case: 06-022389MM10A | Judge Gehl |
| Facts: | The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 15, 2008 | Case: 07-CT-7907 | Judge Epperson |
| Facts: | The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident. | |
| Result: | On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge. | |
| Apr 15, 2008 | Case: 386338-W (JURY TRIAL) | Judge Fernandez |
| Facts: | The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Apr 14, 2008 | Case: 5398-XDI | Judge Arzola |
| Facts: | The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI. | |
| Result: | THE DUI WAS DISMISSED. | |
| Apr 9, 2008 | Case: 2008-CT-001848 | Judge Scaglione |
| Facts: | The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine. | |
| Result: | PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI. | |
| Apr 6, 2008 | Case: 06-002941MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2008 | Case: 359805-X | Judge Newman |
| Facts: | The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Apr 2, 2008 | Case: 07-016156MM10A | Judge Seidman |
| Facts: | The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test. | |
| Result: | Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI. | |
| Mar 27, 2008 | Case: 06-008818MM10A (JURY TRIAL) | Judge Cowart |
| Facts: | The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES. | |
| Mar 26, 2008 | Case: 06-020679MM10A | Judge Robinson |
| Facts: | The defendant was stopped for driving 95mph in a 65mph zone. The trooper detected a very strong odor of alcohol, watery eyes, and slurred speech. She was wearing 2 wristbands indicating the clubs she had attended. The trooper asked her to perform field sobriety tests. She responded by saying she did not want to do them because she could not pass them. She was arrested for DUI. | |
| Result: | The motion was granted and the case was Dismissed. | |
| Mar 25, 2008 | Case: 07-4329MM10A | Judge Gehl |
| Facts: | The defendant was stopped for swerving and causing other vehicles to take evasive action. He then failed to stop for several blocks while the lights and siren were on. The officer contacted the defendant and observed a strong odor of alcohol, bloodshot eyes and swaying as he stood. The defendant performed the walk and turn and one leg stand test and was subsequently arrested for DUI. He blew a .129 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2008 | Case: 411325-X | Judge Miranda |
| Facts: | The officer came into contact with the defendant as he was sitting behind the wheel of his car after crashing into a pole. The officer noticed an odor of alcohol, bloodshot eyes, slurred speech, and balance problems. According to the officer's reports, he performed poorly on roadside tasks. After his arrest for DUI, he refused the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Mar 24, 2008 | Case: 07-CT-8563-XCF | Judge Barber |
| Facts: | The defendant was pulled over for weaving 3 different times. The officer observed an odor of alcohol and bloodshot watery eyes. The defendant then performed the walk and turn test. The officer stated that he failed to touch heel to toe on steps 7 and 8. On the one leg stand, he placed his foot down 2 times. He was arrested for DUI and blew a .101 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2008 | Case: 07-CT-8654-XDK | Judge Barber |
| Facts: | The defendant was stopped for speeding and drifting into the bicycle lane 4 different times. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant was allegedly unsteady as she exited the car. Prior to the sobriety tests the officer stated that the defendant was slow to respond to questions. On the one leg stand she was swaying, used her arms for balance, and put her foot down three times. On the walk and turn, she failed to stay on the line or walk heel to toe. She then missed her nose 5 times on the finger to nose. She was arrested for DUI and blew a .126 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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