| Feb 9, 2026 | Case: 25-CT-013959 | Judge Allen |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and he admitted to drinking alcohol. 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: | After negotiations with the prosecutor 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
| Feb 9, 2026 | Case: 25-CT-014319 | Judge Allen |
| Facts: | The defendant was stopped swerving, following too closely and speeding. Officers noticed an odor of alcohol, droopy eyelids, glassy eyes, a sway, and he was unsteady on his feet. 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: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 9, 2026 | Case: 25-CT-013073 | Judge Allen |
| Facts: | The defendant was stopped for weaving back and forth and running a red light. Officers noticed an odor of alcohol, bloodshot/glassy eyes, slurred speech, and difficulty dividing her attention. She swayed while she stood and fumbled with her documents. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew .172 and .169 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 5, 2026 | Case: 25-CT-003552 | Judge Gould |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, thick tongued speech, bloodshot/glassy eyes, and he appeared unsteady with a sway to his stance. 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: | After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 4, 2026 | Case: 25-CT-049648 | Judge Skinnner |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol and glassy eyes. He also exhibited balance issues and had slurred speech. He performed the field sobriety tests which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was arrested for DUI and later refused a breath test. | |
| Defense: | After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 4, 2026 | Case: 25-CT-011445 | Judge Taylor |
| Facts: | The defendant was stopped for driving with no headlights. Officers noticed an odor of alcohol, bloodshot/watery eyes, and lethargic movements. He also had a wristband from a bar on his wrist and admitted to consuming a few drinks. The defendant performed only the HGN (eye test), walk and turn, 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 3, 2026 | Case: AITL0CE | Judge Lawhorne |
| Facts: | The defendant was stopped after he sat through an entire green and red light cycle. Officers observed an odor of alcohol, slurred speech, he swayed while he stood, and had bloodshot/glassy eyes. The defendant performed only the HGN (eye test) and then refused to do any other field sobriety tests. He was arrested for DUI and later refused a breath test. This was his Second DUI. | |
| Defense: | Parks & Braxton announced ready for trial. On tape, his speech was not slurred, he got out of the truck ok, walked around ok, did not have any sway, and was responsive and coherent. Just prior to the trial date and after negotiations, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Feb 3, 2026 | Case: 25-CT-011071 | Judge Smith |
| Facts: | The defendant was stopped for having an obscured tag. Officers noticed an odor of alcohol, heavily slurred speech, and bloodshot eyes. 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 .170 and .169 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. | |
| Jan 30, 2026 | Case: 25-CT-002915 | Judge J. Steele |
| Facts: | The defendant was driving northbound in the southbound lane of travel. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. He also stumbled a few times while walking. The defendant performed the HGN (eye test) and walk and turn, but refused to do the one leg stand exercise. He was arrested for DUI and later blew a .152 and .145 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. | |
| Jan 30, 2026 | Case: 25-CT-502018 | Judge Paluck |
| Facts: | The defendant was stopped for driving with no lights. Officers noticed an odor of alcohol, incoherent/mumbled speech, glassy eyes, and he was unsteady. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .137 and .123 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. | |
| Jan 30, 2026 | Case: 25-CT-503042 | Judge Paluck |
| Facts: | The defendant was stopped for straddling the centerline multiple times. Officers noticed an odor of alcohol, he admitted to having consumed two beers, had bloodshot eyes, and slurred speech. After performing the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. He later blew a .112 and .105 in the breath machine. | |
| Defense: | After conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 30, 2026 | Case: AI96JKE | Judge Szematowicz |
| Facts: | The defendant was stopped for driving westbound in the eastbound lane of travel. Officers noticed an odor of alcohol, watery eyes, unsteadiness, nearly falling over, and slurred speech. He performed the field sobriety tests which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant 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. | |
| Jan 28, 2026 | Case: 24-CT-002431 | Judge Hamilton |
| Facts: | The defendant was stopped for failing to maintain a single lane. Officers noticed an odor of alcohol, watery eyes, and she admitted to having drank a High Noon. She performed 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 blew a .159 and .156 in the breath machine. | |
| Defense: | We put forth to the State that this was an unlawful traffic stop in that there was no reasonable suspicion to believe that the defendant was impaired. On tape, she drove off the road and on the grass slightly only one time. After conversations with the prosecutor, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 28, 2026 | Case: 25-CT-036870 | Judge Koenig |
| Facts: | The defendant was the at fault driver in a hit and run crash. The defendant hit a pole at a gas station and left. When officers found him, they noticed an odor of alcohol, watery/glassy eyes, and an unsteady balance. He also staggered and swayed. There were three empty bottles of alcohol and one half full on the passenger side of the car. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. The defendant was arrested for DUI and leaving the scene of an accident. He later refused a breath test. | |
| Defense: | After negotiations with the prosecutor regarding the evidence and providing mitigation evidence on behalf of the defendant, the State Dropped the DUI. The leaving the scene of an accident charge was Dismissed. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2026 | Case: 25-CT-503107 | Judge George |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant had poor coordination, an uneven gait, and poor dexterity. After performing the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant later refused a breath test. | |
| Defense: | Everything the officer wrote was contradicted by the video. The defendant's speech was normal, his coordination was great, and he had no "uneven gait." In fact, his field sobriety tests were very good on tape as compared to the description in the reports. Prior to trial, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2026 | Case: 25-CT-503127 | Judge George |
| Facts: | The defendant was stopped for weaving all over the road. He was deviating from his lane from left to right and crossing over the double yellow line. He also drove in the opposite lane of travel. Officers noticed an odor of alcohol, glassy eyes, slurred speech, and he fumbled with his paperwork. 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: | After negotiations with the prosecutor just prior to trial regarding the evidence and the defendant, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2026 | Case: 25-CT-001309 | Judge J. Steele |
| Facts: | The defendant was stopped for speeding. Officer noticed an odor of alcohol, unsteadiness, slurred speech, and a sway. The defendant stated that she had consumed a beer and half a shot of Crown. The defendant refused to perform any roadside tests, was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, her speech was normal and not slurred, she did not sway, and she was not unsteady. Due to the contradictions between the video and the reports, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 27, 2026 | Case: 25-CT-003052 | Judge J. Steele |
| Facts: | The defendant was stopped for running two stop signs. Officers observed an odor of alcohol, slurred speech, and he also had vomit all over his mid chest to waist region on his shirt. 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 .151 and .147 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. | |
| Jan 27, 2026 | Case: 25-CT-002225 | Judge Barbara-Jo Bell |
| Facts: | The defendant was stopped driving the wrong way on his motorcycle while pulling out from a parking lot. Officers noticed an odor of alcohol, a flushed/sweaty face, and bloodshot eyes. He also appeared to be unsteady. The defendant agreed to perform the HGN (eye test) and then refused to do any other field sobriety tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | Although officers had a dash camera on scene, the defendant was never placed in front of it until he was arrested. We couldn't see him standing, walking around, or the HGN test. When he was finally brought to the camera upon being arrested, he did not appear off balance or unsteady and his speech sounded normal. In fact, he was totally responsive and coherent. After pointing this out, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 26, 2026 | Case: 25-CT-502777 | Judge Gagliardi |
| Facts: | The defendant was stopped for swerving and almost colliding with other cars. Officers noticed an odor of alcohol, a flushed/red face, slurred speech, and bloodshot eyes. She stumbled, was unable to maintain her balance, and wine was found in the car. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | 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. In addition, on tape, the officer was overly aggressive towards her for no reason. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
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