| Aug 19, 2024 | Case: AHPGBFE | Judge Todd for Vaccaro |
| Facts: | The defendant was found in a parking lot by police passed out in his running car with the driver's door open. He was slumped over the wheel and his body was partially hanging out. There was a large pile of vomit by the driver's door. Officers observed an odor of alcohol, a dead/blank expression, slurred speech, and bloodshot eyes. He had vomit on this shirt, shoes and mouth. He was unsteady, swayed, and stumbled. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .182 and .172 in the breath machine. This was the defendant's Second DUI arrest. | |
| Defense: | The defendant had parked his car a block away from the bar. He then walked from the bar to his car and passed out after vomiting. The State could not prove that he was in actual physical control because at the time of the incident he had no capability to operate the car while passed out. The State Dropped the defendant's Second 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
| Aug 19, 2024 | Case: 24-CT-009191 | Judge Cohen |
| Facts: | The defendant was found passed out behind the wheel of his running car with a vape pen and drool dripping from his mouth. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he was nodding in an out. The defendant was fidgety, agitated, and changed his story multiple times. He performed poorly on various roadside tests and was arrested for DUI. He later blew a .122 and .121 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 14, 2024 | Case: 24-CF-014369 | Judge Steinbeck |
| Facts: | A circle K gas station clerk called the police that she noticed that the defendant smelled like alcohol and went in his car and fell asleep. They wished to have the defendant removed from the parking lot. When the officer arrived, he found the defendant asleep and attempted to wake him up. After several seconds, the officer reached into the car, turned the engine off, and placed his car keys on the roof. The officer noticed bloodshot eyes and a dazed/confused look. He asked the defendant to perform field sobriety tests and the defendant refused. He was then arrested for DUI and later refused a breath test. The defendant was charged with Felony DUI as this was his Fourth offense and also a second refusal charge for refusing to submit to a breath test. | |
| Defense: | Parks & Braxton took a pretrial deposition of the arresting officer. In depo, the officer stated that he never smelled any alcohol. The officer did not have body worn camera and never got any video footage from the gas station. Nor did he ever get the clerk's name. In the depo, it was established via our questioning that the seizure of the defendant by the officer taking his keys and ordering him out of the car was unlawful. In addition, the State could not prove by what was allegedly impairing the defendant such as alcohol or any specific controlled substances. Furthermore, the officer stated numerous times in depo that he could not remember specifics of anything. The State read the depo and Dismissed the defendant's Felony 4th DUI and the refusal charge as well. | |
| Result: | The DUI was dismissed. | |
| Aug 13, 2024 | Case: 24-CT-016507 | Judge Rich |
| Facts: | The defendant was stopped for driving with one headlight after dark. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and slow/slurred speech. He also had a noticeable sway and had a wristband on from a bar. He performed poorly on roadside tests and was arrested for DUI. He later blew a .195 and .175 in the breath machine. | |
| Defense: | After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2024 | Case: 24-CT-005178 | Judge Gutman |
| Facts: | The defendant crashed his car into a tree. The car was totally destroyed and airbags were deployed all over the inside of the car. Officers noticed an odor of alcohol and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | The defendant was just involved in a major crash whereby the car was destroyed, airbags deployed, and he was struck in the head with airbags. The officer did not even attempt to do any nonphysical roadside such as the finger to nose or estimation of time. The firm pointed out that any impairment observed on the roadside tests could have been just as equally due to being hit it the face with an airbag versus alcohol. The State agreed and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 13, 2024 | Case: AJF46QE | Judge Lawhorne |
| Facts: | The defendant crashed his car into a tree. The officer noticed an odor of alcohol, watery eyes, and mumbled speech. The defendant struggled to maintain his balance, staggered, and almost fell. The defendant performed poorly on 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. | |
| Aug 9, 2024 | Case: 24-CT-000551 | Judge Doyle |
| Facts: | The defendant was stopped for speeding. The officer noticed an odor of alcohol, red/glassy eyes, and she appeared unsteady. The defendant admitted to having drank three beers. After performing the roadside tests, such as the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later blew a .131 and .130 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-000256 | Judge Farr |
| Facts: | The defendant was stopped for having an unlawfully modified loud exhaust and an expired tag. Upon contact, the officer noticed an odor of alcohol, glassy eyes, and slurred speech. According to the officer, he performed poorly on roadside tests and was arrested for DUI. He later blew a .143 and .142 in the breath machine. | |
| Defense: | The defendant showed no signs of impairment on the video. His speech was not slurred, his balance was normal, and he was responsive and coherent. His performance on the field sobriety tests clearly showed he may have been lower than .08 at the time of driving. After negotiations, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-008901 | Judge Taylor |
| Facts: | The defendant was stopped for speeding and running a red light. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | Many of the written observations were contradicted by the video tape. After discussions with the State about the video and other evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-CT-002805 | Judge Farr |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red eyes. He also had slow and lethargic movements. After performing various roadside tests, he was arrested for DUI. He later refused a breath test. | |
| Defense: | On video, the defendant's speech was normal, he stood normally with no sway, walked normally, and his performance on the roadside tests was much better on tape than as described in the police reports. We put forth to the State that there was a lack of probable cause to arrest him for DUI. After conversations with the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 7, 2024 | Case: 24-MM-021286 | Judge Koenig |
| Facts: | The defendant was seen by police following a motorcycle that was driving in an erratic fashion in a Walmart parking lot. The motorcycle fell over and the defendant exited his car to help the motorcycle driver who was the defendant's brother. Officers approached the defendant and noticed an odor of alcohol, bloodshot eyes, and changing emotions. The defendant admitted to having drank Captain Morgan rum. He performed poorly on roadside tests and was arrested for DUI. He later blew a .220 and .214 in the breath machine. The defendant was also charged with resisting arrest. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. The resisting charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Aug 6, 2024 | Case: 24-CT-001558 | Judge Woodard |
| Facts: | The defendant was stopped for driving over 100 mph in a 50 mph zone. The officer observed an odor of alcohol, glassy eyes, droopy eye lids, and slow/sluggish movements. The defendant stated that he had drank 3 beers. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later blew a .168 and .167 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 5, 2024 | Case: 24-CT-005132 | Judge Rich |
| Facts: | The defendant was stopped for running two stop signs. Upon being stopped, he nearly backed into the officer's police car. The officer observed an odor of alcohol, bloodshot/glassy eyes, and eye lid tremors. He also had delayed responses to simple routine questions and exhibited leg tremors. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .128 and .119 in the breath machine. | |
| Defense: | After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Aug 5, 2024 | Case: 24-CT-000971 | Judge Rich |
| Facts: | The defendant was stopped for speeding, weaving within his lane, and driving over lane dividers. The officer noticed an odor of alcohol, a flushed face, and slurred speech. His eyes were bloodshot and he swayed while he stood. The defendant performed poorly on the field sobriety tests and was arrested for DUI. He later blew a .122 and .120 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. | |
| Aug 1, 2024 | Case: AI9MSDE-H | Judge Mckyton |
| Facts: | The defendant was pulled over for failing to maintain a single lane and driving past the stop bar. The deputy observed a strong odor of alcohol as well as bloodshot eyes. As a result, the deputy contacted a member of the DUI task force to conduct an investigation. The DUI deputy arrived and stated that he observed a strong odor of alcohol, slurred speech and staggering when the defendant walked. The defendant refused to participate in field sobriety exercises. The defendant was placed under arrest. The deputy asked the defendant to open his mouth to check for "weapons and contraband." The defendant refused to open his mouth. On video, the deputy threatened the defendant and stated "you're going to open your mouth or I'm going to take my flashlight and smash your fucking teeth." The deputy then grabbed the defendant and began to choke him. He subsequently threw the defendant against the bumper of the patrol car. Later he called the defendant "dipshit" as well as "retard." The defendant refused to submit to a breath test. The defendant had a prior refusal to submit to breath testing several years ago. The defendant was charged with both DUI as well as Failure to Submit to a Breath Test. | |
| Defense: | Parks & Braxton filed a motion to dismiss based on egregious governmental misconduct. The constitution ensures that each person has a due process right to be free from governmental misconduct. The motion and video were provided to the Judge as well as ABC and CBS news. The motion was scheduled for August 2, and the jury trial was scheduled for August 6. The day before the motion, Parks & Braxton received a call from the Chief Assistant State Attorney (second in command), who agreed with the motion and subsequently dismissed all charges. It should be noted that the prosecutor made several offers including dropping the DUI in exchange for a plea to the Refusal To Submit charge. Each offer was rejected by the defense. | |
| Result: | Both the DUI and Refusal To Submit To Breath Testing were dismissed. | |
| Jul 31, 2024 | Case: 24-CT-002567 | Judge Taylor |
| Facts: | The defendant was stopped for driving the wrong way down a one-way street. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. He swayed while he stood and gave conflicting statements about where he was coming from. According to the officer, he performed poorly on the roadside tests, such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test. | |
| Defense: | The defendant's speech was not slurred and he performed much better on the field sobriety tests on video than as described in the police reports. | |
| Result: | The State dropped the DUI. | |
| Jul 31, 2024 | Case: 21-1724CF10A | Judge Rothschild |
| Facts: | The defendant was driving in excess of 100mph in a 45mph zone when he collided with a handful of vehicles including a van that was transporting several children. The injuries included a laceration to the liver, rib fractures, lung contusions and lacerations. The victims were subsequently air lifted to the hospital. The defendant was still seated behind the wheel when the police arrived. The defendant's girlfriend acknowledged that the defendant consumed a Long Island Ice Tea. A search warrant was authorized for the defendant's blood alcohol level. The defendant had a blood alcohol level of .09 several hours after the crash. The defendant was charged with 18 counts of DUI Serious Bodily Injury, DUI Causing Injury/Property Damage as well as Reckless Driving Causing Serious Bodily Injury. The defendant was facing a minimum of 8 years and a maximum of 20 years in Florida State Prison. | |
| Defense: | The defendant was originally represented by another lawyer who does not specialize in these types of charges. Parks & Braxton took over the case and immediately began taking depositions of the officers on scene. It became clear that while the girlfriend did make a statement regarding the defendant's consumption of alcohol, it was not clear when he last consumed the drink. This brought into question the legitimacy of the search warrant to determine the defendant's blood alcohol level. Ultimately, the prosecutor agreed to waive all prison time in exchange for probation. | |
| Result: | The defendant received probation. Half of the charges were dismissed. | |
| Jul 30, 2024 | Case: 24-CT-001461 | Judge Buie |
| Facts: | The defendant was stopped for failing to yield and almost causing a collision. He also was weaving and straddling lane markers. Officers noticed an odor of alcohol, bloodshot eyes, and he seemed confused. His speech was slurred and he was unsteady. He refused to perform roadside tests, other than the HGN (eye test), and was arrested for DUI. He later refused a breath test. | |
| Defense: | After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jul 30, 2024 | Case: 24-CT-004316 | Judge Farr |
| Facts: | The defendant was stopped for swerving, driving too slowly, swerving, and crossing over lane lines multiple times. The officer observed an odor of alcohol, watery eyes, lethargic appearance, and slurred speech. He stated he had consumed one drink. He then performed poorly on field sobriety tests such and the walk and turn and one leg stand. He was arrested for DUI and later blew a .172 and .171 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. | |
| Jul 30, 2024 | Case: 23-001244MU10A | Judge Lerner-Wren |
| Facts: | The defendant was involved in a multiple vehicle crash. When the officers arrived she was still seated behind the wheel of the vehicle. The other individuals in the crash gave statements identifying the defendant as the "at fault" driver in the crash. On video, the defendant was unable to locate her driver's license. Her speech was extremely slurred. She clearly looked and acted impaired. The report indicated that the defendant was under the influence of alcohol or some type of narcotic or medication. The defendant was taken to the hospital and provided both a urine as well as a blood test. The defendant was charged with DUI Property Damage. | |
| Defense: | The urine and blood tests were taken at the request of medical staff, and not law enforcement. The prosecutors made several attempts to acquire the results of the tests. Each time counsel objected based on HIPPA privacy rights. Eventually, the case was set for trial. | |
| Result: | The State dropped the DUI. | |
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