| Dec 17, 2003 | Case: 03-013971MM10A | Judge Murphy |
| Facts: | The defendant was stopped for driving carelessly through a parking lot squealing his tires. Upon exiting the vehicle the defendant was unsteady on his feet. The defendant had bloodshot eyes, slurred speech and an odor of alcohol. The defendant refused to answer any questions or provide any tests. | |
| 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
| Dec 17, 2003 | Case: 250738-W | Judge Pando |
| Facts: | The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, and the defendant appeared to be unsteady. The defendant refused the breath test and all roadsides except HGN (the eye test). | |
| Result: | The State dropped the DUI. | |
| Dec 12, 2003 | Case: 02-029129MM10A | Judge Gehl |
| Facts: | The defendant was stopped driving through a checkpoint. The defendant had watery eyes, and was unaware of his surroundings. The defendant was unsteady on his feet and failed all sobriety tests. When the officer asked the defendant to touch the tip of the pen he was unsuccessful. The defendant refused a breath test. | |
| Result: | Motion granted. Case Dismissed. | |
| Nov 12, 2003 | Case: 03-010459MM10A | Judge Murphy |
| Facts: | The defendant was stopped going through a checkpoint. The officer noticed bloodshot watery eyes, slurred speech and an odor of alcohol. The defendant admitted to drinking 5 beers, failed all roadside sobriety tests, and blew a .138 in the breath machine. | |
| Result: | The court granted the motion. The case was dismissed. | |
| Nov 8, 2003 | Case: 574473-X | Judge Hernandez |
| Facts: | The defendant was stopped for throwing a bottle of alcohol out of his window. The initial officer observed the defendant to have an odor of alcohol and a blank stare. When the DUI officer arrived , the defendant could not follow any instructions and could not comprehend anything. He was unable to perform any sobriety tests. He refused a breath test. This was the defendant’s 2nd offense. | |
| Result: | The State dropped the DUI. | |
| Nov 8, 2003 | Case: 395118-W | Judge Mills-Francis |
| Facts: | The defendant was stopped for weaving in and out of traffic. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. He performed poorly on roadsides. This was the defendant’s 2nd offense. The defendant blew a .104 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 30, 2003 | Case: 03-4852MM10A | Judge Zack |
| Facts: | The defendant was stopped for driving over the curb and accelerating his tires while in a drive thru. The officer noticed blood shot eyes, flushed face, slurred speech and an odor of alcohol on his breath. The defendant was unable to complete any of the roadside sobriety tests. He was arrested for DUI and blew a .16 in the breath machine. This was his 2nd offense for DUI. | |
| Result: | The motion was granted and all evidence was thrown out. | |
| Oct 28, 2003 | Case: 03-004305MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for having an unlawful tag. Upon stopping the defendant, the officer noticed a bottle of liquor in the car. The defendant exhibited bloodshot eyes, flushed face and an odor of alcohol. She performed poorly on the roadside sobriety tests and was arrested for DUI. She blew a .120 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 28, 2003 | Case: 02-030555TCA04 | Judge Damico |
| Facts: | The defendant was stopped for running a red light and nearly colliding with an officer. The officer observed an odor of alcohol, bloodshot eyes and slurred speech. According to the officer she performed poorly on the roadside sobriety tests and subsequently blew a .097 in the breath machine after being arrested. | |
| Result: | The State dropped the DUI. | |
| Oct 27, 2003 | Case: 388153-W | Judge Pando |
| Facts: | The defendant was stopped for driving off the roadway onto the grassy swale. After being stopped, the officer observed an odor of alcohol, slurred speech, and the defendant appeared to be off balance. The defendant performed poorly on roadsides and blew a .144 in the breath machine. | |
| Result: | The Judge Granted the motion and threw out all the evidence. | |
| Oct 14, 2003 | Case: 060919-J | Judge Newman |
| Facts: | The defendant was involved in an accident. The officer observed an odor of alcohol, slurred speech, unsteadiness, and the defendant performed poorly on the sobriety tests. He blew a .13 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Oct 14, 2003 | Case: 03-022793TCAO4 | Judge Gerber |
| Facts: | The defendant was stopped for driving on the wrong side of the road almost striking the officer head on. The defendant was unsteady, eyes bloodshot, and she had an odor of alcohol on her breath. She performed poorly on all roadsides. | |
| Result: | The State dropped the DUI. | |
| Oct 12, 2003 | Case: 03-009416MM10A | Judge Murphy |
| Facts: | The defendant sat through 2 cycles of lights without moving. In addition, the defendant failed to put her lights on. The officer noticed bloodshot eyes, flushed face and an odor of alcohol. She stated she was coming home from a bar. The defendant failed all roadside sobriety tests and had mood swings throughout the investigation. | |
| Result: | The State dropped the DUI. | |
| Oct 2, 2003 | Case: 574680-X | Judge Figarola |
| Facts: | The defendant was observed driving at a slow rate of speed and failing to maintain a single lane. The defendant was observed to have slurred speech and odor of alcohol on her breath. She performed several roadsides poorly and was arrested for DUI. She blew a .181 in the breath machine. | |
| Result: | The State conceded and dropped the DUI. | |
| Sep 30, 2003 | Case: 63-2003-CT-0063-A | Judge Reiman |
| Facts: | The defendant was involved in a one car accident. When the first officer arrived he observed the defendant to have an odor of alcohol. The location of the defendant was unknown. The defendant was taken to the hospital in which a blood draw was conducted. The defendant’s blood alcohol reading was .256 (over three times the legal limit.) | |
| Result: | The State dropped the DUI. | |
| Aug 29, 2003 | Case: 03-015799MM10A | Judge Berman |
| Facts: | The defendant was stopped for driving with an unauthorized blue light on his motorcycle as well as an invalid tag. The officer noticed an odor of alcohol, bloodshot eyes and his speech was extremely slurred and thick tongued. The defendant complained of feeling dizzy and immediately sat down. He refused to complete any tests and was arrested for DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 28, 2003 | Case: 03-003895MM10A | Judge Feiner |
| Facts: | The defendant was stopped for driving 95 mph on 1-75. The officer smelled a strong odor of alcohol coming from the defendant and could not complete any of the field sobriety tests. The officer said the defendant almost fell down on the road. He was arrested for DUI and blew a .157. It was the defendant’s 3rd DUI. | |
| Result: | Motion Granted. The State dropped the DUI. | |
| Aug 19, 2003 | Case: 03-017322TC10A | Judge Feiner |
| Facts: | The defendant was stopped for driving 103mph on 1-95. The defendant was arrested for driving on a DUI suspension. | |
| Result: | The charge was dismissed. | |
| Aug 12, 2003 | Case: 245333-W | Judge Figarloa |
| Facts: | The defendant stopped to ask the officer for directions. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. She was unsteady on her feet and performed poorly on all field sobriety tests. The officer had to explain the instructions several times. The defendant refused to take a breath test. | |
| Result: | The State dropped the DUI. | |
| Aug 12, 2003 | Case: 245581-W | Judge Kreiger-Martin |
| Facts: | The defendant was involved in an accident whereby he allegedly was hit by a man on a scooter. The man on the scooter left the scene prior to the officers arriving. Upon arrival, the defendant admitted to being the driver and after the officer noticed an odor of alcohol and unsteadiness, the defendant was asked to submit to field sobriety tests in which he performed poorly. After being arrested for DUI, the defendant blew a .236 in the breath machine. | |
| Result: | The State dropped the DUI. | |
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