| Mar 5, 2026 | Case: 25-CT-015515 | Judge Smith |
| Facts: | The defendant was stopped for drifting from side to side over the lane markers and also straddling the lane marker. Officers observed an odor of alcohol, bloodshot/glassy eyes, slurred speech. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, his speech was not slurred. During negotiations, we discussed that there was a lack of probable cause to arrest him based on the video. The State agreed and 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
| Mar 5, 2026 | Case: 25-CT-010779 | Judge Uzabel |
| Facts: | A caller dialed 911 stating that the defendant was passed out in his car in a parking lot. When officers arrived, the defendant was pulling out the parking lot. Officers stopped him and observed an odor of alcohol, bloodshot/glassy eyes, and he denied drinking any alcohol. 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. This was the defendant's Second DUI. | |
| Defense: | In discussions with the prosecutor, we set forth that there was no reasonable suspicion of anything justifying stopping the defendant. Innocently sleeping in a car without more is not enough based on the case law we provided to the State, especially when the officer didn't even see that. They agreed and Dismissed his Second DUI and refusal charge. | |
| Result: | The DUI was dismissed. | |
| Mar 4, 2026 | Case: 25-CT-003479 | Judge D. Steele |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers observed an odor, bloodshot eyes, and heavily slurred speech. He also leaned on his vehicle for support. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was his second DUI arrest. | |
| Defense: | Parks & Braxton filed a motion to exclude the field sobriety tests as the defendant was not advised of any adverse consequences. When a defendant refuses to perform field sobriety tests, an officer must advise them of adverse consequences 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. We also filed a motion to exclude all the defendant's statements as they were taken in violation of the accident report privilege. On the day of the motion hearing, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 4, 2026 | Case: 25-CT-015088 | Judge Taylor |
| Facts: | The defendant was found passed out in her car with damage to her front bumper and the passenger side tires were damaged and flat. EMS was called as well. Officers noticed an odor of alcohol, she used the car for balance, and also had bloodshot eyes. There were small liquor bottles in her bra and she stated that she had drank gin. The defendant performed poorly on the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later blew a .198 and .192 in the breath machine. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Mar 4, 2026 | Case: 25-CT-015522 | Judge Taylor |
| Facts: | The defendant was stopped after a BOLO went out about a reckless driver. Officers made contact with the defendant and observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later blew a .159 and .158 in the breath machine. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 26, 2026 | Case: 25-CT-010627 | Judge Castor |
| Facts: | The defendant was found by police after his car had crashed into an embankment and got stuck in a ditch. The officers noticed an odor of alcohol, urine on his pants, bloodshot eyes, and he stated that he had consumed three beers. Due to his age and physical limitations, the defendant performed various nonphysical roadside tasks, such as the HGN (eye test), palm pat, finger to nose, and hand coordination task. After performing them, he was arrested for DUI. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2026 | Case: ALE864E | Judge Croff |
| Facts: | The police found the defendant passed out behind the wheel at an intersection. Upon awakening him, they noticed an odor of alcohol, he appeared confused, and his movements were lethargic. The defendant swayed and also stated that he had drank two Corona beers. The defendant 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: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2026 | Case: ALQJWUE | Judge Lawhorne |
| Facts: | The defendant was stopped for driving eastbound in the westbound lane. Officers noticed an odor of alcohol, a dazed/blank expression, and slurred speech. The defendant performed poorly on the HGN (eye test), walk and turn and one leg stand exercises. He was subsequently arrested for DUI. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 25, 2026 | Case: 25-CT-055959 | Judge Skinner |
| Facts: | The defendant was stopped for running a stop sign, swerving, and speeding. Officers noticed an odor of alcohol, slurred speech, slow/lethargic movements, and she fumbled with her wallet. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 24, 2026 | Case: 25-CT-015328 | Judge Scott |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 24, 2026 | Case: 25-CT-027878 | Judge Ingram |
| Facts: | The defendant was stopped for speeding and swerving. Officers noticed an odor of alcohol, slurred speech, glassy eyes. The defendant performed the HGN (eye test), walk and turn and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 23, 2026 | Case: 25-CT-003032 | Judge Gould |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, a pale face, bloodshot eyes, unsteadiness, and incoherent/slurred speech. She also admitted to smoking marijuana earlier in the day. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. Believing she was under the influence/impaired by drugs, she was arrested for DUI and subsequently took a urine test. The results came back from the lab and were positive for marijuana. This was her Third DUI arrest. | |
| Defense: | On tape, her speech was not slurred or incoherent. In fact, it was completely normal. Also, the officer overexaggerated her performance on the roadside tests as compared to the video. Just prior the trial date, after negotiations, the State Dropped her Third DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 18, 2026 | Case: 25-CT-009545 | Judge Hankin |
| Facts: | The defendant was stopped for speeding (traveling 96 mph). Officers noticed and odor of alcohol, wide open eyelids, and bloodshot eyes. The defendant performed the HGN (eye test), walk and turn, estimation of 30 seconds, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2026 | Case: 25-CT-037720 | Judge Garagozlo |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, bloodshot eyes and slow/slurred speech. The defendant admitted to having drank 3 beers. Due to physical disabilities, the defendant performed the nonphysical roadside tests such as the HGN (eye test), finger to nose, and estimation of 30 seconds. He was arrested for DUI and later blew a .125 ad .119 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | The defendant was having a diabetic episode. EMS came out and his blood sugar was almost three times the normal limit. In discussions with the prosecutor, we put forth that the bodily chemical actions taking place during this diabetic episode can cause an elevated breath alcohol reading. After negotiations, the State Dropped the Second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2026 | Case: 25-CT-052334 | Judge Garagozlo |
| Facts: | The defendant was stopped for weaving and fluctuating his speed. Officers noticed an odor of alcohol, slurred speech, and alcohol was seen in the center console. He was unable to maintain his balance and had to lean on the vehicle. The defendant performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .247 and .237 in the breath machine. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 17, 2026 | Case: 25-CT-044125 | Judge Ingram |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slightly slurred speech, watery eyes, and lethargic/unsteady movements. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .112 and .102 in the breath machine. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 16, 2026 | Case: 25-CT-502842 | Judge Mirra |
| Facts: | The defendant was stopped for speeding as he was driving 117 mph in a 50 mph zone. Officers noticed an odor of alcohol, bloodshot eyes, he appeared confused, and had slurred speech. When officers asked where he thought he was, he stated "Moscow" and that "he was Russian." The defendant refused to do any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 16, 2026 | Case: 25-CT-502843 | Judge Mirra |
| Facts: | The defendant was stopped for driving at a high rate of speed and failing to move over for the police (in violation of the move over law). Officers noticed an odor of alcohol , slurred speech, watery eyes, and he stated that he had drank two beers. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. | |
| Defense: | In pretrial negotiations with the prosecutor, it was apparent on tape that the officers were pissed at him for not moving over. All the reports over exaggerated his level of impairment as compared to the videos. | |
| Result: | The State dropped the DUI. | |
| Feb 10, 2026 | Case: 25-CT-002569 | Judge Woolsey |
| Facts: | The defendant was observed by the police driving 3 MPH in the opposite lane of travel before ending up on a grass shoulder. He also drove into a support wire for a wooden utility pole. Offices noticed him nearly falling asleep. He also had an odor of alcohol, bloodshot eyes, and his head was bobbing. The defendant could not even find the button to shut the car off. The defendant required assistance to get out of the car and was extremely unsteady. His speech was also very slurred. No roadside tests were conducted for safety reasons. He was arrested for DUI and later refused a breath test. | |
| Defense: | After numerous conversations with the State about the case and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 9, 2026 | Case: 25-CT-015107 | Judge Allen |
| Facts: | The defendant was stopped for having an inoperable front light. The defendant had an odor of alcohol, glassy/watery eyes, and he used abusive language towards the officers. 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 arrest. | |
| Defense: | On tape, the defendant didn't exhibit any normal faculties being impaired. We put forth that there was lack of probable cause to arrest him. After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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