| Jun 25, 2007 | Case: 3726-FAB | Judge Arzola |
| Facts: | The defendant was involved in a traffic crash in which he hit three other vehicles. The officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant stated he had drank three beers. He failed the field sobriety tests and then refused the breath test. This was the defendant's third DUI. | |
| Result: | THE DUI WAS DISMISSED ON SPEEDY TRIAL GROUNDS. | |
Parks & Braxton, PA: Brevard DUI Lawyer
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Also Serving Volusia, Saint Lucie, Seminole, Orange and Osceola counties
OUR RECENT VICTORIES
| Jun 20, 2007 | Case: 07-TC-001988 (JURY TRIAL) | Judge Draper |
| Facts: | The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. The defendant also swayed while standing outside his vehicle. He performed poorly on the field sobriety tests. For example, on the one leg stand test, he put his foot down numerous times. On the walk and turn test, the defendant used his arms for balance, stepped off the line, and stopped to balance himself. After his arrest, he refused the breath test. The entire incident, including the driving pattern, was captured on video tape. | |
| Result: | THE DEFENDANT WAS FOUND NOT GUILTY. | |
| Jun 18, 2007 | Case: 07-40050CTTA | Judge Bilbrey |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant refused all roadside testing and the breath test. | |
| Result: | On the morning of Jury Trial, the State dropped the DUI. | |
| Jun 18, 2007 | Case: CT-009086-XDK | Judge Barber |
| Facts: | The defendant was stopped for crossing the lane markers at least six times and almost striking a median. The officer noticed an odor of alcohol and glassy eyes. He was unsteady and swayed while outside his car. According to the officer, he failed the field sobriety tests and then refused the breath test. This was the defendant's second DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2007 | Case: 489885-X | Judge Miranda |
| Facts: | The defendant was stopped for running a red light. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant allegedly failed the roadside tests and refused the breath test. | |
| Result: | The DUI was dismissed. | |
| Jun 18, 2007 | Case: 6262-XAE | Judge Mills-Francis |
| Facts: | The defendant was stopped for driving at a high rate of speed, having no headlights on, and skidding. The officer learned that the defendant was involved in a hit and run accident earlier. The officer observed an odor of alcohol, blood-shot eyes, and a flushed face while conducting the DUI and the accident investigation. The defendant failed the sobriety tests and then blew a .189 in the breath machine. | |
| Result: | THE DUI WAS DISMISSED DUE TO THE STATUTE OF LIMITATIONS. | |
| Jun 18, 2007 | Case: 468414-W | Judge Newman |
| Facts: | The defendant was involved in a traffic crash in which she rear-ended another car. When the officers arrived, they observed an odor of alcohol, slurred speech, and blood-shot eyes. A cooler was found in the car containing vomit. The defendant could not perform any roadside tests due her inability to stand. She blew a .271 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Jun 18, 2007 | Case: 489940-X | Judge Bloom |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood-shot-eyes. The defendant performed field sobriety tests at the scene. He could not do the one leg stand since it was terminated for safety reasons. On the walk and turn test, the defendant stepped off the line, did not touch heel to toe, and lost his balance during the instructions. He then refused the breath test after the arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2007 | Case: 06-4492MM10A | Judge Lazarus |
| Facts: | The defendant was stopped for swerving all over the road for a period of 5 blocks. The officer observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway to his stance. On the walk and turn test he failed to walk heel to toe and he took the incorrect number of steps. On the finger to nose test he failed to touch the tip of his nose on all six attempts. On the one leg stand he placed his foot down several times throughout the test. He was arrested for DUI. This was his 2nd DUI. | |
| Result: | The State dropped the DUI. | |
| Jun 13, 2007 | Case: 06-9654MM10A | Judge Lazarus |
| Facts: | The defendant was stopped by a member of the DUI task force for driving the wrong way out of a parking lot. The deputy observed a strong odor of alcohol and bloodshot eyes. On the walk and turn test she took the incorrect number of steps and stepped off the line. On the one leg stand she used her arms for balance throughout the test. She was arrested for DUI and refused to perform any further testing. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2007 | Case: 07-CT-0567-ERB | Judge Courtney |
| Facts: | The defendant was involved in a rear end collision. When the first officer arrived, he observed the defendant to have slurred speech, slow responses, and a sway to his stance. The officer did not smell any alcohol, but believed the defendant was impaired by a chemical or controlled substance. A DUI officer was called to the scene and made similar observations. The defendant performed roadside tasks poorly and was arrested for DUI. At the station, a Drug Recognition Exam was conduced by a trained DRE officer who concluded the defendant was impaired by central nervous system depressants. The defendant gave a urine sample which he tested positive for pain killers and muscle relaxers which are central nervous depressants. | |
| Result: | The State dropped the DUI. | |
| Jun 9, 2007 | Case: 06-MM-022587AMB (JURY TRIAL) | Judge Marx |
| Facts: | The defendant was stopped by a Fish and Wildlife Commission Officer for a safety inspection after exiting his jet ski. However, prior to contact with him, the defendant had backed his truck up to get the jet ski hitched to the truck. The officer made contact with the defendant and noticed an odor of alcohol, slurred speech, and a sway to his stance. He also noticed bloodshot eyes, a flushed face, and a staggered walk. The officer asked the defendant to perform roadside tasks two times which the defendant refused. A cooler was found by the officer on the defendant's jet ski with empty tequila mixers. The defendant told the officer he drank 32 ounces of alcohol that day. He was placed under arrest for Boating Under the Influence and later refused the breath test on video tape. It should be noted, the State also charged the defendant with DUI months after his arrest for BUI. THIS WAS THE DEFENDANT'S THIRD DUI and/or BUI. | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY OF BOTH THE BUI AND DUI IN LESS THAN TEN MINUTES. | |
| Jun 2, 2007 | Case: 05-02434MM10A (JURY TRIAL) | Judge Robinson |
| Facts: | The defendant drove his vehicle over a sidewalk, through a chain link fence, and into some bushes. The first officer on scene observed an odor of alcohol, slurred speech, and a flushed face. The defendant had trouble standing up straight and was very unsteady. He performed poorly on the field sobriety tests and refused the breath test. | |
| Result: | The JURY found the defendant NOT GUILTY in eleven minutes. | |
| May 31, 2007 | Case: 06-5624MM10A | Judge Cowart |
| Facts: | The defendant was stopped for weaving and driving 74mph in a 40mph zone. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. He also noticed droopy eyes. The defendant allegedly failed five field sobriety tests. He was arrested for DUI and blew a .163 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| May 31, 2007 | Case: 06-5568MM10A | Judge Gehl |
| Facts: | The defendant was involved in an accident whereby he struck the back of another vehicle. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted to drinking. On the walk and turn test he stepped off the line 6 times and missed heel to toe every time. On the stand and balance test, he swayed from side to side and front to back. He was arrested for DUI. | |
| Result: | The motion to exclude the field sobriety tests was granted and the DUI was dropped. | |
| May 31, 2007 | Case: 06-010955TCA02 (JURY TRIAL) | Judge Cohen |
| Facts: | The defendant was stopped for making an illegal left turn. The DUI task force deputy noticed an odor of alcohol, slightly slurred speech, and glazed eyes. The defendant admitted to drinking three beers and one vodka with red-bull. According to the deputy, the defendant swayed and was slightly unsteady on his feet. The defendant performed field sobriety tasks on video at the scene. According to the deputy, the defendant failed them and he was arrested for DUI. After his arrest, he blew a .121 and .120 in the breath machine on video tape at the breath alcohol testing facility (also known as the BAT). | |
| Result: | THE JURY FOUND THE DEFENDANT NOT GUILTY. | |
| May 29, 2007 | Case: 503884-W | Judge Miranda |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant admitted to having three vodka cranberry's. The defendant performed the HGN (eye test), one leg stand, and walk and turn. On the one leg stand, the defendant raised his arms for balance, swayed, and hopped. On the walk and turn, the defendant lost his balance during the instructions, raised his arms for balance, and took the incorrect number of steps. The defendant was arrested for DUI and blew a .132 in the breath machine. | |
| Result: | On the morning of trial, the State, after reviewing the poorly written reports by the officer and the contradictions we pointed out in the field sobriety tests versus the breath test readings much later after the stop, the State DROPPED THE DUI. | |
| May 29, 2007 | Case: 2007-CT-000195 | Judge Yerman |
| Facts: | The defendant was involved in a vehicle crash at an intersection. When the officer arrived, the defendant had an odor of alcohol, slurred speech, and was kneeling down. The defendant was asked to perform the roadside tasks but refused the physical tests stating he takes heart medications and was just involved in a collision. The defendant did offer to do mental sobriety tests. The officer refused his request and arrested the defendant for DUI. He then refused the breath test. | |
| Result: | The State could not prove the defendant's impairment observed by the officer was due to the crash and/or his heart problems. Many of the bruises in the pictures were caused from the crash as well as his heart conditions. The State dropped the DUI. | |
| May 29, 2007 | Case: 573235-X | Judge Newman |
| Facts: | The defendant was observed by an off duty officer staggering to his car in a Publix shopping center. As the officer walked up to the defendant while the defendant was starting his car, he smelled an odor of alcohol. During a conversation, the defendant stated "I know I drank too much, but I am almost home." An on duty DUI officer was called to conduct roadside tests. That officer noticed slurred speech and blood-shot eyes. The defendant failed the field sobriety tests and then blew a .155 in the breath machine after the arrest for DUI. This was the defendant's second DUI with in a five year time frame. | |
| Result: | The DUI was dismissed. | |
| May 22, 2007 | Case: 48-2006-MM-012081-0 | Judge Cheek |
| Facts: | The defendant was stopped for driving 72mph in a 45mph zone. The defendant had difficulty locating his license. He also had a white powdery substance under his nose. The officer observed an odor of alcohol and glassy bloodshot eyes. The defendant refused to perform any sobriety tests and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
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