DUI Wins - Parks & Braxton, PA: Brevard DUI Lawyer

OUR RECENT VICTORIES

May 5, 2026	Case: 25-006738MM10A	Judge Brown
Facts:	The defendant was observed sleeping in a parked vehicle with the engine running. The officers banged on the window and woke the defendant up. The defendant's speech was extremely slurred, he was unsteady on his feet, he had a strong odor of alcohol on his breath, and his eyes were bloodshot and watery. The police had come into contact with the defendant earlier that evening whereby he acknowledged drinking. He was directed not to drive. He was subsequently arrested for DUI and refused to perform a breath test. This was the defendant's second offense for DUI.
Defense:	While the video made clear that the defendant was impaired, Parks & Braxton filed a motion to dismiss based on a necessity defense. Specifically, the vehicle that the defendant was sleeping in was in a parking lot adjacent to his home. Inside the home was his girlfriend who was acting violently towards the defendant. In an effort to avoid the physical harm, and de-escalate the situation, the defendant left the home and entered the vehicle. In deposition, the arresting officer acknowledged that sleeping in a vehicle was safer than an intoxicated person walking the streets. In addition, the officer admitted in testimony that sitting in a vehicle was safer than remaining in a violent situation. The defendant was in imminent danger, the harm of sitting in a vehicle as an impaired person outweighed the violent situation in his home, and there was no reasonable alternative. These facts satisfy the elements in the motion to dismiss.
Result:	The State dropped the DUI.

May 4, 2026	Case: 24-128836MU10A	Judge Merrigan
Facts:	The defendant was stopped for weaving on the highway. The Trooper stated that other vehicles had to brake and swerve to avoid the defendant. The Trooper observed an odor of alcohol, bloodshot eyes, and slurred speech. The Trooper asked the defendant to provide field sobriety tests but refused. She was also asked to provide a breath test prior to arrest. She subsequently refused and was arrested for DUI. This was the defendant's second offense.
Defense:	Counsel for the defendant argued to the DMV that the request to provide a breath test was unlawful and contrary to Florida law. As a result, her driving privileges were fully reinstated. In addition, the defendant completed a program within Veteran's Court. As a result, the charges were dismissed.
Result:	The DUI was dismissed.

Apr 30, 2026	Case: 25-CT-019709	Judge Scott
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, red eyes, slurred speech, and she had difficulty following directions. According to the officer, she performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 30, 2026	Case: 25-CT-000866	Judge C. Brown
Facts:	The police stopped the defendant after 911 calls went out about the defendant failing to maintain her lane and striking a guardrail. Officers noticed an odor of alcohol, droopy eyelids, and red/watery eyes. She appeared unsteady, admitted to drinking beer, and fumbled with her documents. She performed very poorly on tape on the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later blew a .201, .170, and .191 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 28, 2026	Case: 24-124020MU10A	Judge Evans
Facts:	The defendant was found slumped over the wheel at a red light located at the end of the exit to the highway. The police called out multiple times for the defendant to wake up. Eventually, the officer reached inside the vehicle and poked him with his baton to wake him up. The officers immediately observed an odor of alcohol, bloodshot eyes and stated that the defendant was extremely confused. They asked questions, but the defendant could not provide clear answers and was slurring his words. The defendant refused to perform both field sobriety tests as well as a breath test and was arrested for DUI.
Defense:	Florida law requires the police to arrest an individual prior to a request for a breath test. In addition, the law requires the police to provide the defendant with adverse consequences upon refusal of any field sobriety tests. Neither were done, and Parks & Braxton filed a motion to exclude the refusal of the breath test as well as the field sobriety tests. The prosecutor conceded the motions and dropped the DUI.
Result:	The State dropped the DUI.

Apr 28, 2026	Case: 25-CT-503916	Judge Gonzalez
Facts:	The defendant was found passed out in his truck in a parking space just outside of the bars. Upon awakening him, officers noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to having drank two beverages. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	On tape, the defendants can be heard telling the officers, "I was doing what you all want me to do." What he meant was, he was doing the right thing by not driving and going to sleep it off. Although that is not a legal defense, it was brought up in mitigation conversations with the prosecutor. After negotiations, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 26-CT-011126	Judge Koenig
Facts:	The defendant was stopped for tailgating a box truck and swerving within the lanes several times. Officers noticed an odor of alcohol, his movements were slow, slightly stumbling. He also had stuttering/slurred speech and glassy/watery eyes. There was a case of beer on the on the front passenger floorboard. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .197 and .196 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 26-CT-012302	Judge Ingram
Facts:	The defendant was stopped for speeding. Officers observed an odor of alcohol, he struggled finding his documents, had poor dexterity, and had glassy eyes. The defendant denied consuming any alcohol. He initially refused to perform any field sobriety tests, then changed his mind. He performed very poorly on tape on the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 25-MM-049219	Judge Ingram
Facts:	The defendant was stopped because the officer knew that he had a suspended license from a previous traffic stop with him a few weeks earlier. When the officers approached the car, they noticed numerous drug paraphernalia items such as a grinder, a pipe, and several baggies labeled as mushroom gummies. According to the officers, he swayed, had slurred speech, almost fell backwards, and had very slow/slurred speech. There was no odor of alcohol. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later provided a urine sample. It came back from FDLE with positive results for marijuana.
Defense:	First, there was no indication anywhere that the officers smelled any marijuana coming from the defendant's person or breath, only the car. Also, he performed practically perfect on the field sobriety tests on tape versus what they had written in the police reports. That is of course what we could see because the new cop was blocking half of his performance with her clipboard over her body worn camera. On tape, his speech was not slurred and totally normal. Also, you can hear and see the arresting officer get all giddy after the arrest, stating, "this is my first DUI." After negotiations, the State Dropped the DUI down to a Civil Careless driving infraction.
Result:	The State dropped the DUI.

Apr 27, 2026	Case: 25-CT-059605	Judge Ingram
Facts:	The defendant was stopped for driving with an inoperable headlamp, weaving, and striking a curb. Officers noticed an odor of alcohol, glassy/dilated eyes, he swayed and stumbled once. They also saw a beer in the center console and vomit all over the inside door. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, finger to nose, count backwards from 67 to 37, and walk and turn exercises. He was arrested for DUI and later refused a breath test.
Defense:	On the body worn cameras, one cop can be heard telling the other cop, "he is talking normal to me, and I don't think he is signal 1." Signal 1 is the police code for DUI. Another female cop is heard saying, "I don't think it is going to be alcohol." In one report they wrote he had written they noticed an odor of alcohol, but in another report, they did not even mention an odor at all.. There was absolutely no indication drugs were involved at all. Due to credibility issues with the officers, the State Dropped the DUI after the firm discussed the above mentioned issues on tape.
Result:	The State dropped the DUI.

Apr 23, 2026	Case: 25-CT-004279	Judge Gould
Facts:	The defendant was stopped for drifting within the lanes and also over the fog lines. The officer observed an odor of alcohol, bloodshot/watery eyes, and he stated that he had consumed five beers. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), finger to nose, and estimation of 30 seconds. The one leg stand and walk and turn exercises were not performed due to the defendant's injuries. He was arrested for DUI and later blew a .174 and .169 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2026	Case: 25-CT-003573	Judge Gould
Facts:	The defendant was stopped for driving 117 mph in a 45 mph zone. Officers observed an odor of alcohol, slurred speech, and he stated that he had consumed four whiskey and cokes. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2026	Case: 25-CT-003765	Judge Gould
Facts:	The defendant was stopped for swerving. Officers noticed an odor of alcohol, slurred speech, and glassy eyes. The defendant stated that she had drank a 16 ounce beer. She refused to perform any roadside tests and was arrested for DUI. She later blew a . 124 and .114 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 23, 2026	Case: 25-CT-014453	Judge C. Brown
Facts:	The defendant was found in his disabled car facing east in the southbound lane and shoulder of the interstate. The defendant had crashed his car into the left shoulder wall on the highway. The officer had to forcibly open the door as it was stuck from the crash. The defendant told EMS that he was under the influence of alcohol and ketamine. The officer, however, did not smell alcohol, but noticed bloodshot/watery eyes, unsteadiness, and a sleepy/confused demeanor. The defendant was taken to the hospital and no field sobriety tests were conducted. At the hospital, the defendant agreed to provide a blood sample. It later came back from the lab positive for ketamine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 21, 2026	Case: 26-CT-001084	Judge Scott
Facts:	The defendant was found passed out by police at a red light with her mouth open and head tilted back. They had to knock multiple times to get her to wake up. Upon officers awakening her, they noticed an odor of alcohol and bloodshot/watery eyes. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was her Second DUI arrest.
Defense:	On video, the defendant stated over and over that she had worked many hours and she was just tired, not drunk. On tape, her speech was normal and she was not off balance in any way. She appeared very coherent once getting her bearings after being woken up. After negotiations with the State, they Dropped the DUI.
Result:	The State dropped the DUI.

Apr 20, 2026	Case: 25-CT-061735	Judge Ingram
Facts:	Officers received a call about a suspicious vehicle. When they arrived, they saw the defendant's car parked across multiple parking spots with damage to the front bumper. The defendant was sleeping in her car with the engine on. They then located a sign that had been broken which was consistent to the damage to her car. Officers woke her up and observed an odor of alcohol, glassy eyes, and incoherent/slurred speech. She stated that she had consumed two glasses of wine and they also saw a wine bottle in her car. She performed the HGN (eye test) and walk and turn exercises. She was arrested for DUI and later refused a breath test.
Defense:	After negotiations with the State about the defendant and the evidence, they Dropped the DUI.
Result:	The State dropped the DUI.

Apr 20, 2026	Case: AJ2C9OE	Judge Gonzalez-Cuervo
Facts:	The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, and he appeared unstable. A caller had also dialed 911 prior to the crash stating that the defendant was all over the road. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense:	The firm filed a motion to exclude the defendant's refusal to perform field sobriety tests. When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences (i.e., Taylor warnings) or the refusal will be excluded from evidence. The officer must state something like "your refusal can be used against you in court", or "I will have to make my decision to arrest based on what I've seen so far." Here, there were no adverse consequences. After conversations with the State prior to trial, they Dropped the DUI.
Result:	The State dropped the DUI.

Apr 14, 2026	Case: 25-CT-016358	Judge Valkenburg
Facts:	The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and red/watery eyes. The defendant refused to perform any field sobriety tests and was arrested for DUI. The defendant later refused the breath test.
Defense:	After negotiations with the State, we pointed out that on tape not one of the defendant's normal faculties were impaired. In other words, there was no probable cause. The State agreed and Dropped the DUI.
Result:	The State dropped the DUI.

Apr 14, 2026	Case: 25-CT-014337	Judge Valkenburg
Facts:	The defendant was stopped for running a red light and failing to maintain a single lane. Officers noticed an odor of alcohol, heavily slurred speech, and bloodshot/watery eyes. According to the officer, he performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .196 and .188 in the breath machine.
Defense:	After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

Apr 9, 2026	Case: 25-MM-051813	Judge T. Brown
Facts:	The defendant was found passed out behind the wheel of his car at a gas station. Upon awakening him, the officers noticed an odor of alcohol, watery/bloodshot eyes, and he admitted to having consumed alcohol. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .200 and .203 in the breath machine.
Defense:	After negotiations with the State about the evidence and the defendant, the State Dropped the DUI.
Result:	The State dropped the DUI.

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