| Nov 27, 2006 | Case: 06-12987MM10A | Judge Pollack |
| Facts: | The defendant was observed slumped over the wheel of the vehicle with the engine running. The officer noticed a strong odor of alcohol as well as urine on the pants of the defendant. The defendant was also observed to be off balance. He was subsequently arrested for DUI. | |
| Result: | The State 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
| Nov 27, 2006 | Case: 504325-W | Judge Mills-Francis |
| Facts: | The defendant was observed slumped over the wheel with vomit inside the car. The officer observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car he had great difficulty maintaining his balance. The defendant could not perform any field sobriety tests because he couldn't stay awake. He was arrested and blew a .186 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Nov 27, 2006 | Case: 489550-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped for running a red light and cutting off a police officer. The officer stated that the defendant fumbled while looking for his license and registration. He also observed an odor of alcohol and bloodshot eyes. On the finger to nose test he failed to touch the tip of his nose on 5 of the 6 attempts. On the one leg stand he put his foot down 5 times. The defendant was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 27, 2006 | Case: 503631-W | Judge McWhorter |
| Facts: | The defendant was stopped for driving the wrong way on a one way street. When she exited the car the officer observed an odor of alcohol, bloodshot eyes and slurred speech. The officer wrote in the report that the defendant could hardly stand up. After performing the field sobriety tests she was arrested for DUI. The defendant subsequently blew a .189 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Nov 20, 2006 | Case: 489358-X | Judge Krieger-Martin |
| Facts: | The defendant was stopped by the police after being found at a green light slumped over the wheel passed out. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. After performing field sobriety tests, the defendant was arrested for DUI. He blew a .088 in the breath machine after his arrest for DUI. | |
| Result: | The State dropped the DUI. | |
| Nov 16, 2006 | Case: 377306-W | Judge Krieger-Martin |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, slurred speech, and blood shot-eyes. The defendant performed poorly on roadside tests according to the arresting officer and she admitted drinking beer. After the defendant's arrest for DUI, she blew a .104 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Nov 15, 2006 | Case: 06-020693TCA04 | Judge Cohen |
| Facts: | The defendant was stopped for speeding and crossing the double yellow lines three times. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. The defendant admitted drinking wine and beer. The defendant performed poorly on roadside tests. For example, on the walk and turn, the defendant did not touch heel to toe numerous times and "wobbled" up and down the line. On the one leg stand, the defendant lost his balance numerous times and could not complete the test. | |
| Result: | The DUI was dismissed. | |
| Nov 9, 2006 | Case: 459701-X | Judge Newman |
| Facts: | The defendant was stopped for sleeping inside his vehicle on a railroad crossway. The officer noticed a strong odor of alcohol, slurred speech and bloodshot eyes. The defendant stumbled out of his vehicle and could not keep his balance. He failed each sobriety test and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Nov 9, 2006 | Case: 286103-X | Judge McWhorter |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The defendant staggered out of her vehicle. The officer noticed bloodshot eyes, an odor of alcohol and slurred speech. The defendant refused field sobriety tests and blew a .205 in the breath machine. | |
| Result: | The DUI was dismissed. | |
| Nov 5, 2006 | Case: 05-025824TCAO4 | Judge Corlew |
| Facts: | The defendant was stopped for drifting on the road. The officer noticed bloodshot eyes, flushed face and an odor of alcohol. The defendant admitted to four beers and two shots. He failed each sobriety test and was arrested for DUI. | |
| Result: | The State conceded the motion and the case was DISMISSED. | |
| Nov 1, 2006 | Case: 04-21359MM10A | Judge Berman |
| Facts: | The defendant was stopped for speeding. Upon contacting the defendant the officer noticed bloodshot watery eyes, flushed face and an odor of alcohol. Upon exiting the car the defendant was extremely unsteady on her feet. She admitted to drinking a few New Castle and Guinness. | |
| Result: | The State dropped the charges on the day of trial. | |
| Nov 1, 2006 | Case: 2886-DKZ | Judge Newman |
| Facts: | The defendants vehicle was stopped for no apparent reason in a lane of travel. When the officer approached the driver he noticed an odor of alcohol, bloodshot eyes and a flushed face. Due to the physical indicators displayed by the defendant of the sobriety tests he was arrested for DUI. A drug evaluation was also done indicating that the defendant was under the influence of marijuana. | |
| Result: | The DUI was dismissed. | |
| Nov 1, 2006 | Case: 05-34282TCA99 | Judge Moyle |
| Facts: | The defendant was stopped at a sobriety checkpoint. The officer noticed an odor of alcohol, bloodshot eyes and slurred speech. He later admitted to drinking four beers. The defendant allegedly failed each field sobriety test and was arrested for DUI. | |
| Result: | The DUI was dismissed. | |
| Oct 26, 2006 | Case: 086194-J | Judge Arzola |
| Facts: | The defendant was involved in a crash whereby he rear-ended another car. The first trooper on the scene noticed an odor of alcohol, balance problems, weird behavior, and had to assist the defendant out of the car to the side of the road as he felt he was going to fall. A DUI officer was called who also observed and odor of alcohol. The defendant performed the HGN test (eye test) and walk and turn exercise. He was arrested for DUI and blew a .166 (over twice the legal limit) in the breath machine. This was the defendant's second offense. | |
| Result: | The Judge found all the testimony contradictory, a complete lack of recollection, and overall not credible. The Judge GRANTED THE MOTION THROWING OUT ALL THE EVIDENCE. THE STATE SROPPED THE DUI. | |
| Oct 25, 2006 | Case: 05-016915TCA02 | Judge Cohen |
| Facts: | The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, slurred speech, and the defendant appeared confused. The defendant performed poorly on roadside tests. For example, on the one leg stand, the officer wrote the defendant put his foot down thirteen times. After his arrest for DUI the defendant refused the breath test. | |
| Result: | The day before Jury Trial, the State DROPPED THE DUI. | |
| Oct 23, 2006 | Case: 411172-X | Judge Lindsey |
| Facts: | The defendant was stopped for driving the wrong way down a down a one way street. The officer observed an odor of alcohol, slurred speech, and blood-shot eyes. A DUI officer was called to the scene and he made similar observations. The defendant performed poorly on roadsides and vomited in the back of the officer's patrol car. The defendant blew a .110 in the breath machine. | |
| Result: | The State DISMISSED THE CASE on statute of limitations grounds. | |
| Oct 19, 2006 | Case: 1054-XCF | Judge Lindsey |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol, blood-shot eyes, and slurred speech. Upon exiting the vehicle, the officer attempted to begin the DUI investigation. The defendant took off running with his child through the everglades. Police dogs and helicopters were called to locate the defendant in the swamp. The defendant was eventually caught and arrested for DUI among numerous other felony charges which were separated from the DUI count. This was the defendant's second DUI. | |
| Result: | The State DROPPED THE DUI. | |
| Oct 17, 2006 | Case: 06-001459TCA04 (TRIAL) | Judge Damico |
| Facts: | The defendant was stopped for driving the wrong way down a one way street. The officer observed an odor of alcohol, red eyes, slurred speech, and slow movements. The defendant stated he drank two glasses of wine and was swaying throughout the encounter. The arresting officer had the defendant perform the walk and turn, finger to nose, alphabet, and finger count tests. According to the officer, the defendant performed poorly and arrested him for DUI. The defendant refused the breath test and this was his second DUI. | |
| Result: | The defendant was found NOT GUILTY. | |
| Oct 16, 2006 | Case: 05-4204MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for driving at a high rate of speed. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the officer stated the defendant used the car door for support. The officer then called for a DUI officer who had a camera in his car. The DUI officer arrived and made similar observations as the first officer. He asked the defendant to perform field sobriety tests but he refused. The defendant was arrested for DUI. | |
| Result: | The Motion was granted and the case was DISMISSED. | |
| Oct 10, 2006 | Case: 06-1775CTA1 | Judge Yacucci |
| Facts: | The defendant was stopped for failure to maintain a single lane as well as speeding. The officer observed an odor of alcohol, bloodshot eyes and a flushed face. The defendant told the officer she was coming from Charlie's Happy Time Bar. The officer further observed slurred speech and that the defendant was swaying from side to side. She was unable to exit the car without holding onto the door for balance. The defendant refused to take any tests and was arrested for DUI. Since this was her second refusal she was charged with the crime of refusing a breath test. | |
| Result: | The State dropped the DUI and the Judge dismissed the Refusal charge. | |
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