| Apr 28, 2003 | Case: 508042-X | Judge Figarola |
| Facts: | The defendant was stopped because he was involved in an accident. His speech was slurred, appeared sleepy, and he could not stand upright without the assistance of the officer. He performed several roadsides poorly and later blew a .11 into the breath machine. | |
| Result: | DUI dismissed. | |
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
| Apr 21, 2003 | Case: 387793-W | Judge Krieger-Martin |
| Facts: | The defendant was stopped for driving head on at a police officer while pulling into a parking lot. The officer who stopped the defendant stated in deposition that the defendant was completely off balance and could not speak clearly. He noticed an odor of alcohol and bloodshot eyes. The officer who conducted the DUI investigation stated in the reports that the defendant’s speech was good and there were no balance problems. The defendant blew a .091 into the breath machine. | |
| Result: | State dropped the DUI. | |
| Apr 12, 2003 | Case: 02-021437MM10A | Judge Zack |
| Facts: | The defendant drove his car into a concrete median, knocking down a light pole. The officer noticed an odor of alcohol, slurred speech, flushed face and bloodshot eyes. The defendant stated he had 2 liters of alcohol which were found in the vehicle. The defendant’s blood alcohol level was a .24 (3 times the legal limit). | |
| Result: | The court granted the motion and threw out the blood test. | |
| Apr 9, 2003 | Case: 03-025466TC10A | Judge Diaz |
| Facts: | The defendant was stopped for an illegal turn, and was subsequently arrested for driving on a DUI suspension. | |
| Result: | The Judge granted the motion and all evidence was thrown out. The State has 15 days to appeal. | |
| Apr 8, 2003 | Case: 388162-W | Judge Hernandez |
| Facts: | The defendant was stopped for having a cracked windshield. The officer noticed slurred speech, an odor of alcohol, and bloodshot eyes. According to the officer, the defendant performed several roadsides poorly. The defendant refused a breath test. This was the defendant’s second offense. | |
| Result: | The State dismissed the DUI. | |
| Apr 8, 2003 | Case: 050813-W | Judge Pando |
| Facts: | The defendant was stopped for weaving. He was unsteady, had an odor of alcohol, slurred speech and bloodshot eyes. He performed very poorly on the sobriety tests. The defendant stated to the officer “he was drunk, but not that drunk.” He blew a .201 in the breath machine. | |
| Result: | The State conceded the motion and dropped the DUI. | |
| Apr 6, 2003 | Case: 508188-X | Judge Figarola |
| Facts: | The defendant was stopped for weaving at a high rate of speed. The officer observed bloodshot eyes, slurred speech, and an odor of alcohol. The defendant performed poorly on roadsides according to the reports. | |
| Result: | The State dropped the DUI. | |
| Mar 20, 2003 | Case: 02-020612MM10A | Judge Murphy |
| Facts: | The defendant was found passed out with his car halfway in the road. The defendant was unable to perform the roadside tests and blew a .208 on the intoxilyzer. | |
| Result: | The motion to suppress was granted, and all of the evidence was thrown out of court. | |
| Mar 6, 2003 | Case: 01-013951MM10A (JURY TRIAL) | Judge Berman |
| Facts: | The Defendant was stopped by Davie Police Department. Several officers on scene noticed bloodshot eyes and a strong odor of alcohol on his breath. The defendant failed roadside tests, admitted that he should have taken a cab, and was arrested for DUI. He blew a .098 on the intoxilyzer. | |
| Result: | NOT GUILTY. | |
| Feb 18, 2003 | Case: 131981-W | Judge Figarola |
| Facts: | The defendant was stopped for speeding and almost hitting another vehicle. The defendant was alleged to have staggered out of vehicle and he had slurred speech and bloodshot eyes. The defendant performed poorly on roadsides and he blew a .216 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2003 | Case: 01-028635MM10A | Judge Zack |
| Facts: | The defendant was involved in an accident. He staggered out of his vehicle upon the officer’s arrival and had slurred speech and stated he had two beers. He performed poorly on roadside tasks and blew a .181 in the breath machine. | |
| Result: | The State dropped the DUI. | |
| Feb 12, 2003 | Case: 245807-W | Judge Figarola |
| 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 he performed poorly on the roadside sobriety tests and subsequently refused the breath test. | |
| Result: | The State dropped the DUI. | |
| Feb 11, 2003 | Case: 03-020343TCA99 | Judge Cohen |
| Facts: | The defendant was stopped for swerving all over the roadway. The defendant was observed to have an odor of alcohol and slow and slurred speech. The defendant performed poorly on roadsides. The defendant blew a .113 in the breath machine. | |
| Result: | Case dismissed on speedy trial grounds. | |
| Feb 10, 2003 | Case: 02-026473MM10A | Judge Gehl |
| Facts: | The defendant was stopped for spinning his tires in a reckless manner causing his tires to smoke as he made a u-turn. He was also noticed driving at a high rate of speed. The officer noticed an odor, bloodshot eyes, slurred speech and that the defendant was uneasy on his feet. The defendant failed all roadside tests and blew a .152. | |
| Result: | The Motion was granted, all evidence was thrown out. | |
| Feb 9, 2003 | Case: 00028978MM10A | Judge Robinson |
| Facts: | The defendant was involved in an accident. The officer saw him staggering and walking slowly. The officer noticed an odor of alcohol and asked the defendant to perform sobriety tests. The defendant refused saying that he had a couple of drinks and would fail the tests. The officer also stated that his speech was slurred. | |
| Result: | Motion granted. State appealed in front of Judge Horowitz and lost. All evidence was thrown out. The state will be dismissing the charges on September 25, 2003. | |
| Feb 5, 2003 | Case: 02-023411MM10A | Judge Cowart |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. The defendant performed below the Trooper’s standards on the field sobriety tests and was arrested for DUI. He later blew a .09 on the intoxilyzer. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2003 | Case: 02-015301TCA02 (JURY TRIAL) | Judge Gerber |
| Facts: | The Defendant was observed speeding. He failed to stop for the officer even though the deputy had his lights on for at least a mile. Once stopped by the officer, the officer administered roadside tests including the one leg stand, alphabet test, walk and turn, and finger to nose. The deputy testified he makes at least 250 DUI arrests a year and that the defendant performed poorly on roadsides which was captured on video tape. Although the defendant did make several mistakes, he also performed numerous tasks well and never appeared to be off balance or unsteady. The defendant told the officer he had nothing to drink even thought he officer smelled alcohol on his breath, observed slurred speech, and watery eyes. The defendant refused to take a breath test. | |
| Result: | The JURY found the defendant NOT GUILTY of DUI. | |
| Jan 15, 2003 | Case: 01-25456MM10A | Judge Robinson |
| Facts: | The defendant was stopped by the police for speeding and running a red light. Once pulled over by the police, the defendant was asked to step out of his vehicle because the officer smelled alcohol on the defendant's breath, observed slurred speech, and glassy, bloodshot eyes. The defendant refused to exit his car after several requests. The officers wanted to conduct a DUI investigation to determine if the defendant was an impaired driver. He was eventually pulled by the officers from his seat and then thrown to the ground. He was subsequently arrested for DUI and resisting and officer without violence. The whole incident was captured on video tape. | |
| Result: | The State dropped the DUI. | |
| Jan 14, 2003 | Case: 02-7720MM10A | Judge Berman |
| Facts: | The defendant was pulled over by the police for running a red light and attaching a tag not assigned. The officer observed the defendant to have an odor of alcohol on his breath. The defendant submitted to one roadside test, the eye (pen) test and refused all other tests, including the breath test. | |
| Result: | The State dropped the DUI and the defendant did not lose his driver's license. | |
| Jan 13, 2003 | Case: 388017-W | Judge Figarola |
| Facts: | The defendant was pulled over for almost striking the curb two times with his vehicle. The defendant performed poorly on several roadside tasks and blew a .107 in the breath machine. He was observed to have slurred and mumbled speech, an odor of alcohol on his breath, and very poor balance. This was the defendant's second offense within a period five years. | |
| Result: | The State conceded the motion and dropped the DUI and the defendant did not receive a second DUI conviction or a five year license suspension. | |
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