| May 21, 2026 | Case: 25-CT-017866 | Judge C. Brown |
| Facts: | The defendant was stopped for speeding and failing to maintain a single lane. Officers noticed an odor of alcohol, glossy/bloodshot eyes, fumbling fingers, and unsteady balance. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. The defendant 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. | |
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
| May 19, 2026 | Case: 25-CT-011907 | Judge Hankin |
| Facts: | The defendant was stopped for having loud music. Officers noticed an odor of marijuana coming from the car, unsteadiness, bloodshot eyes, and slurred speech. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later refused to provide a urine test. | |
| Result: | The State dropped the DUI. | |
| May 18, 2026 | Case: 25-CT-504428 | Judge George |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and a loss of fine motor skills. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. The defendant later blew .147 and .143 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. | |
| May 14, 2026 | Case: 25-CT-018014 | Judge Scott |
| Facts: | The defendant was stopped for speeding as she was caught going 123 mph in a 65 mph zone. Officers observed an odor of alcohol, she refused to get out of the car, and had red/watery eyes. She refused to perform any field sobriety tests and was arrested for DUI. She 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. | |
| May 14, 2026 | Case: 26-CT-000142 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and his face was pale. The defendant repeated the same questions over and over and also stated that he had consumed four drinks. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .135 and .132 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. | |
| May 14, 2026 | Case: 25-CT-018559 | Judge Scott |
| Facts: | The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. She admitted to having drank alcohol a few hours before the stop. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. 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. | |
| May 14, 2026 | Case: 26-CT-000040 | Judge Valkenburg |
| Facts: | An officer was working an unrelated call and standing in a parking lot when he saw the defendant stop in the middle of the road, and stumble out of the driver's side. The officer walked over to see if the defendant needed help and the defendant stated that he stopped "to put his beers in the bucket." The officer noticed an odor of alcohol and bloodshot/glossy/watery eyes. The defendant refused to perform any 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. | |
| May 14, 2026 | Case: 25-CT-018792 | Judge Valkenburg |
| Facts: | A call went out to police from a bar that the defendant had hit someone inside the bar. When officers arrived to the battery call, they saw the defendant stumbling to her car and get in the driver's seat. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and she was unsteady. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She blew .153 and .152 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. | |
| May 12, 2026 | Case: 25-CT-019124 | Judge Smith |
| Facts: | The defendant was the at fault driver in a crash and then left the scene. When officers stopped her, they noticed an odor of alcohol, bloodshot/glassy eyes, and slurred speech. She also had sluggish movements, swayed as she stood, had difficulty following instructions, and uncoordinated reflexes. The defendant only agreed to participate in the HGN (eye test) and refused to do any other roadside tests. She was arrested for DUI and later refused a breath test. | |
| Defense: | On video, the defendant was very emotional and upset. Her speech was not slurred, her movements were normal, and she did not appear unsteady or uncoordinated. Just prior to trial, and after negotiations with the prosecutor, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 12, 2026 | Case: 25-CT-041887 | Judge T. Brown |
| Facts: | The defendant was stopped for swerving all over the road. The defendant had no odor of alcohol, but officers noticed she was slow and lethargic, very confused, and almost lost her balance nearly falling over. Her speech was slow/slurred/mumbled, she swayed, and her movements were slow and lethargic. 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 urine sample. A DRE (drug recognition expert) (an officer with special training in the detection of people under the influence of drugs) was called in to conduct an evaluation. Once the evaluation was finished, he concluded that she was impaired by a CNS stimulant and a narcotic analgesic. | |
| Defense: | The DRE and officer's observations made no sense. If one is under the influence of a CNS stimulant, they will have the opposite symptoms of the what the defendant exhibited. A defendant would not be slow, lethargic, and have slow speech. Also, on tape, the defendant never almost fell, did not sway, and her speech sounded normal. After conversations with the State, they Dropped the DUI and she received no conviction, and no penalties other than a fine and court costs. | |
| Result: | The State dropped the DUI. | |
| May 12, 2026 | Case: 25-CT-062879 | Judge T. Brown |
| Facts: | The defendant was stopped for making an improper right turn at a high rate of speed and almost striking the curb. Officers noticed an odor of alcohol, glassy eyes, and slurred speech. He also used the car for balance and stumbled. He refused to perform the field sobriety tests and was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | 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. | |
| May 12, 2026 | Case: 25-MM-058267 | Judge T. Brown |
| Facts: | The defendant was stopped for driving at a high rate of speed on a residential roadway. Officers observed an odor of alcohol, an odor of burnt marijuana, he stumbled several times, and struggled to maintain his balance. His speech was slurred/confused and his eyes were bloodshot. After performing the field sobriety tests, which included the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .202 and .201 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. | |
| May 7, 2026 | Case: 25-076882MU10A | Judge Carpenter-Toye |
| Facts: | The defendant was found sleeping in the vehicle, still in drive, with her foot on the brake. The defendant's foot slipped off the brake, and she began rolling towards a patrol car. The defendant placed the vehicle in park. The police observed slow and slurred speech, an odor of alcohol and bloodshot eyes. The defendant admitted she just left a bar and consumed two Miller Lite cans of beer. The officer asked the defendant to perform field sobriety exercises and she refused. She was subsequently arrested for DUI. This was the defendant's second offense. | |
| Defense: | Parks & Braxton filed a motion to exclude any mention of refusing to submit to testing. During my examination of the officer, she changed her story a number of times. Ultimately, the Court granted the motion and found that the police officer lacked credibility. | |
| Result: | The State dropped the DUI. | |
| May 7, 2026 | Case: 24-000552CFAXMX | Judge Ward |
| Facts: | The defendant was driving a chartered bus for a high school grad night celebration. During the ride, the defendant was swerving all over the road. Many of the children contacted their parents regarding the defendant's dangerous operation of the bus. Eventually, a parent drove their vehicle in front of the bus forcing my client to stop. The police came on scene to conduct an investigation. The police located a Yeti cup sitting next to the defendant containing alcohol. The defendant had an empty can of Bahama Breeze in the garbage next to his seat. The police recovered a video showing the defendant purchasing alcohol just prior to the incident. The vehicle also showed that the defendant was extremely unsteady on his feet. Prior to the administration of the roadside test the officers observed extremely slurred speech, a strong odor of alcohol, as well as bloodshot eyes. The defendant performed poorly on all testing and was arrested for DUI. The defendant was charged with 31 counts of felony child neglect, culpable negligence, as well as DUI. The case made national news. | |
| Defense: | Parks & Braxton took a deposition of the lead detective. During the deposition, the detective was shown a video whereby the defendant said he was diabetic. The detective then called for paramedics to administer a prick test to determine his blood sugar level. In deposition, the detective testified that she was told the defendant tested within normal range. However, when the audio was amplified it became clear that the detective was mistaken and the defendant had a high blood sugar level. The detective admitted that hyperglycemia can mirror the effects of impairment from alcohol. She then testified that while she believed the defendant was impaired from alcohol, she could no longer discount the impact of the high blood sugar level. She then testified that she could not testify that the defendant was DUI beyond all reasonable doubt. The defendant resolved the case to a reckless driving. As a result, he was able to keep his commercial driver's license. 31 charges were dismissed. | |
| Result: | The State dropped the DUI to a reckless driving. | |
| May 7, 2026 | Case: 26-CT-010008 | Judge Skinner |
| Facts: | The defendant was stopped after she violated the "move over" law in addition to weaving. Officers observed an odor of alcohol, she admitted to having drank beer, she had an unsteady gait, and at times she would stumble. She also had slurred speech and watery eyes. She only performed the HGN (eye test) and then refused to perform any other field sobriety tests. She was arrested for DUI and later blew a .134 and .132 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. | |
| May 7, 2026 | Case: 25-CT-057020 | Judge Skinner |
| Facts: | The defendant was stopped for driving 107 mph in a 40 mph zone. Officers noticed an odor of alcohol, glossy/red eyes, stuttered speech, and sluggish movements. He only performed the HGN (eye test) and refused to perform any other roadside tests. He was arrested for DUI and later refused a breath test. This was his Second DUI arrest. | |
| Defense: | After negotiations with the State about the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 7, 2026 | Case: 25-CT-015147 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy/watery eyes, slow speech, unsteady balance, and lethargic movements. He performed the HGN (eye test), one leg stand, and walk and turn exercises. He was arrested for DUI and later blew a .097 and .095 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. | |
| May 6, 2026 | Case: 24-106448MU10A | Judge Evans |
| Facts: | The defendant was found passed out in the middle of the road during daylight hours. When the police woke her up, she pressed the gas pedal and crashed into a police car directly in front of her. The police observed a strong odor of alcohol as well as bloodshot watery eyes. The defendant agreed to perform field sobriety exercises. She performed poorly on the walk and turn test as well as the one leg stand. She was arrested for DUI and refused a breath test. | |
| Defense: | The defendant had recently lost her daughter and was not sleeping very well. In addition, the defendant was 72 years old at the time of the incident. An officer is supposed to take into consideration certain factors including age when administering field sobriety tests. The officer did not consider other factors regarding why the defendant drove and performed the way she did that day. Parks & Braxton announced ready for trial. On the morning of trial, the prosecutor dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| May 6, 2026 | Case: 25-CF-018034 | Judge L. Alvarez |
| Facts: | The defendant crashed his car into the back of a semi-truck and was lodged underneath it. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. He was also very unsteady on tape. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Third DUI within ten years and he was charged with a Felony DUI. | |
| Defense: | In negotiations with the prosecutor, we pointed out that the airbags had hit the defendant during the crash. Thus, any impairment such as his slurred speech and/or unsteadiness, could have been as equally due from the severity of the crash versus alcohol. The State Dropped his Felony DUI. | |
| Result: | The State dropped the DUI. | |
| 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. | |
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