| Aug 20, 2007 | Case: 07-CT-008578ASB | Judge Eissey |
| Facts: | The defendant was found in his car with a broken bumper and a torn off tire. The officer observed an odor of alcohol, slurred speech, and he appeared to be confused. The defendant stated he hit a curb while making a U-turn. He then performed poorly on roadside tests at the scene which were NOT video taped. He refused the breath test after his arrest for DUI. | |
| Result: | Based on the specific facts presented at the hearing, the JUDGE GRANTED THE MOTION TO DISMISS 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
| Aug 14, 2007 | Case: CT-008726-XDK | Judge Conrad |
| Facts: | The defendant was stopped for speeding. Once stopped, the officer observed an odor of alcohol and swaying. The defendant performed the roadside tests on video. On the walk an turn test, he lost his balance during the instructions, did not touch heel to toe, and turned improperly. On the one leg stand test, the defendant swayed and used his arms for balance. After his arrest for DUI, the defendant blew a .138 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2007 | Case: 06-CT-5861-XDN | Judge Courtney |
| Facts: | The defendant was stopped for making a wide left turn, weaving, and speeding. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant didn't touch heel to toe, stepped off the line, and made an improper turn. After his arrest for DUI, he refused the breath test. The entire incident was captured on video on tape. | |
| Result: | On the morning of trial, the State DROPPED THE DUI. | |
| Aug 13, 2007 | Case: 06-018256MM10A | Judge Murphy |
| Facts: | The defendant was stopped for running a red light. The deputy stated that the defendant failed to pull over for several blocks. The deputy observed a strong odor of alcohol, bloodshot eyes and a flushed face. A DUI task force officer arrived to conduct the investigation. On the eye test (HGN), the defendant exhibited signs of impairment indicating that he was above the legal limit. After performing the one leg stand as well as the walk and turn test he was arrested for DUI. He blew a .107 in the breath machine. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Aug 10, 2007 | Case: 07-CT-002612-XCM | Judge Lefler |
| Facts: | The defendant was stopped for speeding and slightly drifting over to the center lane marker. The officer observed an odor of alcohol and bloodshot/watery eyes. The defendant performed the walk and turn, one leg stand, and finger to nose tests on video tape at the scene. The officer concluded she was impaired and arrested her for DUI. She then refused the breath test. | |
| Result: | On the morning of Jury Trial, the STATE DROPPED THE DUI. | |
| Aug 10, 2007 | Case: 03-029662MM10A | Judge Ireland |
| Facts: | The defendant was stopped for weaving and driving off the road onto the grass. The officer observed dried vomit on the outside of the vehicle. In addition, the officer noticed an odor of alcohol, bloodshot eyes, as well as a beer on the center console. The defendant performed the field sobriety tests and was arrested for DUI. He later blew a .113 in the breath machine. | |
| Result: | The motion was granted and the DUI was dropped. | |
| Aug 1, 2007 | Case: 038142-J | Judge Krieger-Martin |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer who made the stop, observed an odor of alcohol, slurred speech, and saw the defendant grab the door for support upon exiting the car. A DUI officer was called who gave the defendant field sobriety exercises. The defendant performed poorly and was arrested for DUI. Subsequent to the DUI arrest, the defendant blew a .110 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jul 30, 2007 | Case: 1554-XDK | Judge Ortiz |
| Facts: | The defendant was stopped for failing to maintain a single lane. The officer alleged in his report that the defendant was swerving several times. Once stopped, the initial officer observed an odor of alcohol and red eyes. He then called for a DUI investigator who made the similar observations plus slurred speech, a flushed face, and unsteadiness. The defendant stated he drank a few beers. He performed poorly on field sobriety tests and after his arrest for DUI blew a .120 in the breath machine. | |
| Result: | ON THE MORNING OF JURY TRIAL, THE STATE DROPPED THE DUI. | |
| Jul 30, 2007 | Case: 06-015523MM10A (JURY TRIAL) | Judge Berman |
| Facts: | The defendant was stopped for driving without headlights, going 90-100 miles per hour, and cutting off two cars. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. Upon exiting the car, the defendant used the car for support. The defendant allegedly stated he "was drunk" to the cop. The defendant refused to do the roadside tests and subsequently refused the breath test after his arrest for DUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Jul 27, 2007 | Case: 06-002184MM10A | Judge Diaz |
| Facts: | The defendant was stopped for driving too fast for in a rain storm. When the officer attempted to stop the defendant, he continued driving for several blocks. The officer observed a strong odor of alcohol, bloodshot eyes, and a flushed face. He also testified in court that the defendant admitted to drinking. He then called for a DUI task force deputy. The deputy made the same observations and attempted to perform field sobriety tests. The deputy stated that the defendant could not follow a pen with his eyes. He was subsequently arrested for DUI and refusal to submit to a breath test. This was his third arrest for DUI, however, the firm represented him on his last DUI and had the charges dismissed. | |
| Result: | The motion was granted and all of the evidence was thrown out. | |
| Jul 23, 2007 | Case: 05-1396MM10A | Judge Gehl |
| Facts: | The defendant was stopped for speeding. The officer stated that the defendant fell out of the car and onto the ground. The officer observed a strong odor of alcohol and bloodshot eyes. He offered the defendant field sobriety tests but he couldn't even stand up. He was arrested for DUI and taken to the police station for a breath test. At the police station he fell again and was taken to the hospital. | |
| Result: | The State dropped the DUI on the morning of trial. | |
| Jul 18, 2007 | Case: 2007-MM-234-AP | Judge Ptomey |
| Facts: | The defendant was stopped for driving in the wrong lane of travel causing vehicles to run off the roadway. Once stopped, the officers observed an odor of alcohol, slurred speech, red eyes, and slow comprehension. He admitted to drinking an unknown a amount of Vodka. Furthermore, the defendant refused the field sobriety tests and the breath test. Everything at the scene was captured on video. | |
| Result: | The defendant was cited for DUI and another charge of reckless driving. The reckless charge was dismissed and the STATE DROPPED THE DUI. | |
| Jul 8, 2007 | Case: 06-018472MM10A | Judge Ross |
| Facts: | The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant failed both the one leg stand and walk and turn test and was arrested for DUI. At the police station she provided a urine sample which tested positive for amphetamines. | |
| Result: | The State dropped the DUI. | |
| Jul 5, 2007 | Case: 5499-XDL | Judge Lindsey |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol and blood-shot eyes. A DUI officer was called out to conduct field sobriety exercises. The defendant performed the walk and turn test. In the officer's roadside report on the walk and turn, she did not touch heel to toe, raised her arms for balance, and did not turn correctly. On the one leg stand, she raised her arms for balance. The defendant was arrested for DUI and refused the breath test. | |
| Result: | Due to the lack of credibility of the officer, the DUI was dismissed. | |
| Jul 5, 2007 | Case: 489707-X (JURY TRIAL) | Judge Bloom |
| Facts: | The defendant was initially seen by the arresting officer staggering down the street as she walked to her car with her boyfriend at the time. The officer then testified she started the car, leaned outside the vehicle, and began throwing up. The officer approached the defendant as she was finishing vomiting. He noticed an odor of alcohol, slurred speech, and blood-shot eyes. She performed poorly on roadside tests as she could not do anything correctly. After her arrest for DUI, she blew a .151 in the breath machine. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| Jul 2, 2007 | Case: 06-016191MM10A (JURY TRIAL) | Judge Lazarus |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, slurred speech, and balance problems exiting the car. The defendant performed poorly on roadside tests and he refused the breath test. | |
| Result: | The Jury found the defendant NOT GUILTY in seven minutes. | |
| Jun 27, 2007 | Case: 07-3951XDTWS-15 | Judge Vandercar |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and a sway to his stance. The defendant admitted to drinking two beers. The defendant refused the roadside tests and the breath test. | |
| Result: | THE STATE DROPPED THE DUI. | |
| Jun 25, 2007 | Case: 5373-XDL | Judge Arzola |
| Facts: | The defendant was stopped at a roadblock checkpoint. The officers at the roadblock, noticed an odor of alcohol, slurred speech, and a flushed face. The defendant performed poorly on roadside tests. For example, on the walk and turn test, he stepped off the line numerous times and on the one leg stand, he put his foot down and raised his arms for balance. The defendant blew a .126 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 25, 2007 | Case: 05-013006MM10A (JURY TRIAL) | Judge Diaz |
| Facts: | The defendant was observed passed out behind the wheel with the engine running. The officer observed a strong odor of alcohol and bloodshot eyes. The defendant also had a bottle of beer in his arms. The defendant failed both the one leg stand as well as the walk and turn test and was arrested for DUI. He blew a .183 in the breath machine. This was his 2nd DUI. | |
| Result: | The State dropped the DUI after the jury was selected. | |
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