| Apr 3, 2025 | Case: 24-CT-004584 | Judge Gould |
| Facts: | The defendant was involved in a traffic crash in an intersection. When officers arrived, they observed the defendant to have an odor of alcohol, slurred speech, unsteadiness, and droopy/glassy eyes. The defendant refused to do any field sobriety tests and was arrested for DUI. She later blew a .161 and .158 in the breath machine. | |
| Defense: | After a review of the evidence, it was determined that the defendant was not the at fault driver in the crash. On tape, her speech was normal and she had no balance issues. There was a complete lack of probable cause to arrest her. After conversations with the State about the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
Parks & Braxton, PA: Brevard DUI Lawyer
ALSO SERVING VOLUSIA, Saint Lucie, Seminole, Orange and Osceola counties
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OUR RECENT VICTORIES
| Apr 3, 2025 | Case: 24-CT-003886 | Judge Gould |
| Facts: | The defendant was stopped for speeding (90 mph in a 60 mph zone). Officers noticed an odor of alcohol watery/bloodshot eyes, and she stated that she had consumed three rum drinks. Once out of the car, she appeared unsteady. She performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 3, 2025 | Case: 24-CT-502120 | Judge Paluck |
| Facts: | A BOLO (be on the lookout) went out that the defendant was driving all over the road. Officers spotted the defendant and observed him weaving all over the road. Officers noticed an odor of marijuana, red/glossy eyes, dilated pupils, and had a relaxed/carefree state of mind. The defendant stated that he had smoked pot before driving and exhibited a lack of concentration. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a urine test. | |
| Defense: | The firm announced ready for trial. We pointed out to the State that on tape the defendant's speech was normal and he had no balance issues. Just prior to trial and after conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2025 | Case: 24-CT-012393 | Judge Taylor |
| Facts: | The defendant was stopped for swerving, braking inconsistently, and following too closely. Officers observed an odor alcohol, bloodshot eyes, slurred/thick speech, and a sway. Alcohol was also found in the car. He performed poorly on field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .179 and .178 in the breath machine. | |
| Defense: | After conversation with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 2, 2025 | Case: 24-CT-017450 | Judge Taylor |
| Facts: | The defendant was stuck in a ditch trying to put the vehicle in reverse when police arrived. They noticed an odor alcohol, glossy/watery eyes, and slurred speech. He was unsteady on his feet and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Apr 1, 2025 | Case: 24-CT-015491 | Judge Gutman |
| Facts: | The defendant was stopped for driving the wrong way in traffic. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. He was also unsteady on his feet and admitted to having drank alcohol prior to driving. He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .195 and .189 in the breath machine. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 31, 2025 | Case: 24-MM-011708 | Judge Koenig |
| Facts: | The defendant was found passed out and unresponsive in a Circle K parking lot. When officers finally got the defendant to respond, they noticed an odor of alcohol, he struggled to open his eyes, and his speech was not understandable. He was disoriented and couldn't even form a sentence. He refused to perform field sobriety tests, but was too intoxicated to perform them anyway. He was arrested for DUI and later refused a breath test. He was also charged with resisting an officer without violence for not obeying their commands. This was the defendant's Second DUI. | |
| Defense: | The firm provided mitigation to the State regarding the defendant. After conversations with the State, they Dropped his Second DUI and Dismissed the Resisting charge. | |
| Result: | The State dropped the DUI. | |
| Mar 31, 2025 | Case: 24-CT-002452 | Judge Poblick |
| Facts: | The defendant was stopped for weaving all over the road and driving at inconsistent speeds. Officers observed an odor of alcohol, a flushed face, bloodshot/watery eyes, and slurred speech. When asked how much he had drank, he stated "not much at all." He also appeared lethargic and confused. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2025 | Case: 24-MM-048849 | Judge Skinner |
| Facts: | A call went out about a hit and run accident. Officers located the defendant and noticed an odor of alcohol, bloodshot/watery eyes, and a slight sway. The defendant performed various field sobriety tests such as HGN (eye test), one leg stand, and the walk and turn. He was arrested for DUI and later blew a .108 and .101 in the breath machine. The defendant was also charged with domestic battery for an incident that occurred shortly before the DUI arrest the same night. | |
| Defense: | On tape, the defendant performed much better on the roadside tests than as described in the reports. Additionally, he was not the aggressor in the battery and it was determined that the other party started the fight. Finally, the breath test results were not turned over until months after the DUI arrest in violation of the discovery rules. The State Dropped the DUI and the defendant received no criminal conviction and only had to pay a fine. The Battery was Dismissed as well. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2025 | Case: 24-CT-053179 | Judge Skinner |
| Facts: | The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, glossy eyes, and mumbling/slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 25, 2025 | Case: 24-CT-054994 | Judge Skinner |
| Facts: | The defendant was stopped for driving with no lights on after dark. Officers noticed an odor of alcohol and she stated she had drank a Jack and Coke. After performing the HGN (eye test), walks and turn, and one leg stand exercises, she was arrested for DUI. | |
| Defense: | An odor of alcohol alone is not enough to give an officer reasonable suspicion to request filed sobriety tests. As the roadside tests were obtained unlawfully, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 24, 2025 | Case: 23-017147MU10A | Judge Lerner-Wren |
| Facts: | The defendant was passed out behind the wheel of his vehicle in the middle of the street. The car was running and his foot was on the brake. When the police tried to wake him up, he hit the police car in front of him. After exiting the car, the defendant looked and sounded extremely lethargic. The officers asked the defendant if he had consumed any alcohol. He explained that he had two tequila drinks. After observing bloodshot eyes, slurred speech and an odor of alcohol, the officers asked the defendant to perform field sobriety tests. After performing the HGN (eye test), the one leg stand, the walk and turn, and the Romberg balance test (estimation of time), he was arrested for DUI. He refused to submit to a breath test. | |
| Defense: | Based on the initial portion of the video, it was clear that the defendant was lethargic and a bit out of it. However, the State was required to prove that the defendant was impaired from alcohol as opposed to merely being tired. On the walk and turn test, the officer picks up a pad to take notes and completely blocked the camera from videotaping the defendant's performance. In addition, the officer embellished in his report the defendant's performance on the other tests. The firm rejected all offers and announced ready for trial. The charges were dismissed. | |
| Result: | The DUI was dismissed. | |
| Mar 24, 2025 | Case: 24-075350MU10A | Judge Evans |
| Facts: | The defendant was detained for driving on a flat tire. The officer observed glassy eyes, sweating and constricted pupils. The defendant admitted to taking an Ambien. The deputy was a DUI and Drug Recognition Expert, and after believing the defendant was under the influence of the Ambien he began a DUI investigation. The defendant performed a series of 5 different field sobriety tests and was arrested for DUI. The defendant provided a urine sample which was positive for controlled substances. | |
| Defense: | Despite the presence of the controlled substance in his urine, the video was entirely inconsistent with the way the deputy wrote his report. The defendant was cooperative throughout the investigation. The defendant was presented with several offers including a reduced charge with points on his license. The firm announced ready for trial and the defendant walked away with no conviction on his record for any offense. | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2025 | Case: 24-CT-017969 | Judge Gutman |
| Facts: | The defendant was the at fault diver in a rear end crash. Officers noticed an odor of alcohol, slurred speech, sluggish reflexes, and she appeared unsteady. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. | |
| Defense: | Many observations written it the reports were contradicted by the video. On tape, she was not unsteady, her speech was not slurred, and she did not appear sluggish. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2025 | Case: 24-CT-017820 | Judge Weis |
| Facts: | Civilians at a bar called the police that the defendant threw a traffic cone at a parking attendant and was highly intoxicated. Police came in contact with the defendant as he was driving off. They noticed an odor of alcohol, blood shot eyes, and his speech was very slurred. He had difficulty answering basic questions due to his intoxication level. An open bottle of vodka was observed on the passenger seat. The defendant refused to perform any field sobriety tests, was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | The officer stated in his police reports that he advised the defendant of the adverse consequences for refusing field sobriety tests. However, on tape, he never did. Thus, the officer's credibility was called into question. The State Dropped the defendant's Second DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 18, 2025 | Case: 24-CT-013301 | Judge Gutman |
| Facts: | The defendant was stopped for running a stop sign, weaving, and driving at inconsistent speeds. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and slurred speech. When asked how much he had to drink, he replied, "not much at all." After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath a test. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 17, 2025 | Case: 24-CT-503813 | Judge Gonzalez |
| Facts: | The defendant was stopped for having no illuminated driver's side light. Officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant only performed the HGN (eye test) and refused to do any other field sobriety tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | During negotiations, we pointed out to the prosecutor that on video, none of the defendant's normal faculties were impaired. Thus, there was no probable cause to arrest him. After a few conversations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 13, 2025 | Case: 24-CT-020491 | Judge Burke |
| Facts: | A concerned citizen called 911 stating that the defendant was swerving in and out of lanes, ran a red light, and almost crashed. Officers spotted the defendant and conducted a traffic stop. They noticed an odor of alcohol, unsteadiness, he staggered, had slow/unclear/slurred speech, and had glossy eyes. After performing various roadside tests such as the alphabet, finger to nose, one leg stand, walk and turn, and HGN (eye test), he was arrested for DUI. He later refused a breath test. | |
| Defense: | When the caller is anonymous, officers must have some corroborating evidence in order to legally stop a defendant. In other words, see some erratic driving pattern consistent with what the caller says. The reason is because an anonymous tipster is at the low end of the reliability scale versus someone who provides their name (i.e. a citizen informant). After negotiations regarding the lawfulness of the traffic stop, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 12, 2025 | Case: 24-CF-004830 | Judge Coates |
| Facts: | The defendant was found passed out behind the wheel of his truck in the middle of the road. Officers smelled an odor of alcohol, noticed pinpoint pupils, glassy eyes, and his speech was slow and slurred. He also had a hard time staying awake and was sweating profusely. Officers believed that he was under the influence of drugs, as well as alcohol. He performed very poorly on field sobriety tests such as HGN (eye test), the walk and turn, and the one leg stand. He was arrested for DUI and later provided a urine sample. It came back from the FDLE lab positive for a controlled substance that was not prescribed to the defendant. That drug was also found in a search incident to arrest of his truck. He was also charged with Felony Possession. It should be noted, this was his Second DUI. | |
| Defense: | Parks & Braxton took a pretrial deposition of the arresting officer. At depo, the officer contradicted herself many times with her depo testimony as compared to the police reports. Although she believed that the defendant was impaired by drugs, she never even asked the defendant one time if had taken any drugs that day or at any time for that matter. After depositions were completed, the State Dropped the defendant's Second DUI and he received no felony conviction on his record for the possession charge. | |
| Result: | The State dropped the DUI. | |
| Mar 11, 2025 | Case: 24-CT-502369 | Judge Gagliardi |
| Facts: | The defendant was the at fault driver in a sideswipe crash with another vehicle. Officers noticed an odor of alcohol, mumbled speech, bloodshot/watery eyes, and he appeared unstable. He performed poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later refused a breath test. This was the defendant's Third DUI. | |
| Defense: | Prior to trial, the firm had negotiations with the prosecutor. We pointed out that the cop had totally messed up the investigation. First, he had the defendant hitting a regular car in his reports, but he actually hit a semi-truck. The crash report was all wrong. Secondly, he did not position his car properly so his dash camera could catch all the roadside tests. His car was too close so no one could see the defendant's legs from the knee down on the one leg stand or walk and turn. Thirdly, the defendant told the cop that some of his toes had been cutoff, but the officer still made him do the physical exercises versus allowing him to do nonphysical tests. Finally, during the whole DUI investigation, the officer had his car music blasting so no one could hear anything. The State Dropped the Defendant's Third DUI. | |
| Result: | The State dropped the DUI. | |
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