| 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. | |
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
| Jan 22, 2026 | Case: 25-CT-013491 | Judge Smith |
| Facts: | The defendant was found in his car in a parking lot by police vomiting. Officers told him not to drive. The defendant left then returned and got back in his car and began vomiting again. Officers saw this and asked him to step out of the car. They noticed an odor of alcohol, bloodshot/glassy eyes, and he appeared unsteady. He refused to perform any field sobriety tests and was arrested for DUI. He later blew a .130 and .118 in the breath machine. He also vomited again at the breath testing center. | |
| Defense: | After conversations with the State regarding the defendant, and the evidence, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2026 | Case: 25-CT-015426 | Judge Smith |
| Facts: | The defendant was stopped for weaving. Officers noticed an odor of alcohol, glossy eyes, and an open alcoholic beverage in the center console. He performed 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: | The officer's description of the field sobriety tests in his reports was contradicted by the videotape. His performance was much better on tape. The State Dropped the DUI and he received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Jan 22, 2026 | Case: 25-CT-001949 | Judge Justice |
| Facts: | The defendant was stopped for being stopped and passed out in his car in the middle of the road. Officers observed an odor of alcohol, bloodshot eyes, and slurred speech. 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 regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2026 | Case: 25-CT-005440 | Judge Legler |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and he appeared nervous. He stated that he had consumed a couple of drinks at the club. The defendant performed 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 conservations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 21, 2026 | Case: 25-CT-047475 | Judge Jacobus |
| Facts: | The defendant was stopped for having a defective rear taillight. Officers noticed an odor of alcohol, a flushed face, he was argumentative, and had bloodshot eyes. His speech was also slurred and thick tongued. Due to physical injuries, he performed the non-physical roadside tests such as HGN (eye test), estimation of 30 seconds and the finger to nose. 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. | |
| Jan 15, 2026 | Case: 25-CT-008063 | Judge Hankin |
| Facts: | The defendant was found passed out in his car after it crashed into a bunch of bushes. Officers noticed an odor of alcohol, thick tongued speech, and bloodshot eyes. The defendant admitted to having drank one to four beers. 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 .204 and .196 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 14, 2026 | Case: 25-CT-011331 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, glassy eyes, slurred speech, fumbling fingers, and delayed verbal communications. 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 blew a .198 and .199 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 13, 2026 | Case: AL8GLLE | Judge Mckyton |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, red eyes, and slurred speech. He also had a sway to his stance. The defendant 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: | The walk and turn exercise is not a "normal" way to walk. The cop can actually be heard on tape stating, "it seems like it may be difficult." The cop also was talking so fast that it was hard to follow his instructions. After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 13, 2026 | Case: AKWRIBE | Judge Lawhorne |
| Facts: | The defendant was stopped for speeding and swerving (crossing over the dotted lines). Officers noticed an odor of alcohol, a dazed/blank stare, unsteadiness, and watery eyes. He performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. After being arrested for DUI, he blew a .131 and .128 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 13, 2026 | Case: ALE87ME | Judge Croff |
| Facts: | The defendant was found passed out in her car in a parking lot of a restaurant/bar around 6 a.m.. Upon awakening the defendant, they noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. 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 blew a .137 and .130 in the breath machine. | |
| Defense: | When officers approached her car, the driver's seat was reclined. The defendant also told the officers that she was trying to sleep it off after drinking in the bar of the exact parking lot she was parked in. In other words, doing the right thing by not driving. Since it was 6 a.m., she had obviously been sleeping there all night. After conversations with the State about the facts, and that the defendant was doing the morally right thing, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 13, 2026 | Case: ALE871E | Judge Croff |
| Facts: | The defendant was stopped for speeding and weaving. Officers noticed an odor of alcohol, mumbling/slurred speech, and watery eyes. He was unsteady, swayed, and staggered. Numerous alcoholic beverage containers were found in his vehicle. He refused to perform and 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. | |
| Jan 12, 2026 | Case: 25-CT-002288 | Judge Gould |
| Facts: | The defendant was stopped for weaving and driving with no headlights on after dark. Officers observed an odor of alcohol, a flushed face, watery eyes, and mumbling/slurred/thick-tongued speech. 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: | The defendant's performance on the field sobriety tests were much better than as described in the highly exaggerated police reports. Also, his speech was normal and there was no weaving at all on the officer's dash camera. After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2026 | Case: 25-CT-002676 | Judge Gould |
| Facts: | The defendant had been doing donuts (burnouts) in a parking lot and ended up crashing into a pond. When officers arrived, they observed the defendant to be soaking wet. He had an odor of alcohol, red eyes, and the defendant denied drinking alcohol. He refused to perform 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. | |
| Jan 12, 2026 | Case: 25-CT-001823 | Judge Gould |
| Facts: | The defendant was stopped in the middle of the roadway and his passenger was dancing in the middle of the road. Officers saw this and made contact with the defendant (driver). They observed an odor of alcohol and he stated that he had drank four beers. He had bloodshot eyes and slurred speech. 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 .171 and .163 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 12, 2026 | Case: 25-CT-011484 | Judge Allen |
| Facts: | The defendant was stopped for driving with an inoperable headlight. Officers noticed an odor of alcohol and bloodshot/glassy eyes. He refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | Prior to trial, we told the prosecutor that there is literally no impairment, and as such, no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. The defendant received no penalties other than court costs. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2026 | Case: 25-CT-049646 | Judge Skinner |
| Facts: | The defendant was stopped for an inoperable taillight. Officers noticed an odor of alcohol, a flushed face, glossy eyes, and slurred speech. Her movements were slow and she appeared unsure. The defendant denied drinking any alcohol. 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 prosecutor regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2026 | Case: 25-CT-001478 | Judge L. Sweet |
| Facts: | The defendant was stopped for weaving and scraping against the curb. Officers observed an odor of alcohol, glassy/watery eyes, and slurred speech. His movements were slow, coordination was poor, and he appeared very unsteady on his feet. 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.253 and .253 in the breath machine. | |
| Defense: | As of October 1, 2025, a first refusal to submit to a breath test is now an additional crime. This defendant was arrested in August, two months before the law came into effect. When the defendant was asked for a breath test, he stated no. The officer then advised him of the implied consent law. However, she then went beyond the realm of the implied consent law and "told him that he would be committing a crime if he refused because the law changed." Well, she was obviously wrong and two months shy of the law changing. This misinformation and coercion caused the defendant to agree to the breath test. The firm filed a motion to suppress the .253/.253 breath test results based on misinformation of the law. The State agreed with our motion and Dropped the DUI prior to any hearing. | |
| Result: | The State dropped the DUI. | |
| Jan 12, 2026 | Case: 25-CT-044858 | Judge Koenig |
| Facts: | The defendant was stopped for weaving all over the road. Officers observed an odor of alcohol, bloodshot eyes, slurred speech, and he stated that he had consumed two drinks. The defendant also stumbled and swayed. The defendant performed 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 .128 and .114 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 7, 2026 | Case: 25-CT-502820 | Judge Mirra |
| Facts: | The defendant was stopped for honking his horn multiple times without any apparent reason and making an illegal U-turn. Officers noticed an odor of alcohol, open containers of alcohol in the center console, bloodshot eyes, and he was very insulting and combative. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. | |
| Defense: | On tape, he was only being combative because he felt that he was not impaired and/or intoxicated. His speech was normal and he was not off balance at all. He performed very well on the roadside tests compared to what was written in the reports. Just prior to trial, the State Dropped the DUI and he received no conviction and no penalties other than a fine and court costs. | |
| Result: | The State dropped the DUI. | |
OBTAIN IMMEDIATE LEGAL HELP
To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.