| Oct 2, 2026 | Case: 26-CT-007526 | Judge Scott |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, bloodshot/watery eyes, slurred speech, and a blank/dazed stare. The officer believed he was actually impaired by drugs and not alcohol and requested him to perform field sobriety tests which consisted of HGN (eye test), walk and turn, and the one leg stand. He was then arrested for DUI and later provided a urine sample. | |
| Defense: | The officer stated that he packaged the urine and sent it to FDLE. FDLE never received the urine or analyzed it. it apparently got lost or destroyed. | |
| Result: | The DUI was dismissed. | |
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
| Oct 1, 2026 | Case: 26-CT-004817 | Judge Smith |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot/watery eyes, and eye lid tremors. He also appeared unsteady on his feet. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .123 and .115 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. | |
| Oct 1, 2026 | Case: 26-CT-501375 | Judge Paluck |
| Facts: | The defendant ran a stop sign and almost hit a police cruiser. Officers stopped the defendant and noticed an odor of alcohol bloodshot eyes, and a slow/slurred speech pattern. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | The firm announced ready for trial. During pretrial negotiations with the State, we pointed out that on tape, the officer can heard telling the defendant the observations that he was observing leading him to believe that the defendant was DUI. However, he then went on to state that he could not determine his sobriety off those factors alone without the field sobriety tests. So how in the world was he arresting him when he refused to do the field sobriety tests. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-007763 | Judge Valkenburg |
| Facts: | The defendant was stopped for speeding. Officers observed an odor of alcohol, slurred speech, confusion, a blank stare, lethargic movements, and poor balance. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .168 and .157 on 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. | |
| Sep 30, 2026 | Case: 26-CT-006515 | Judge Taylor |
| Facts: | The defendant was stopped for traveling the wrong way. Officers noticed an odor of alcohol, slurred speech, and watery eyes. He exhibited a drunk like appearance and also admitted to having consumed alcohol. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .126 and .125 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. | |
| Sep 30, 2026 | Case: 26-CT-003141 | Judge Taylor |
| Facts: | The defendant was stopped for crossing the stop bar at a red light and slamming his brakes. Officers noticed an odor of alcohol, red/watery eyes, and slurred speech. The defendant swayed and had difficulty standing. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .206 and .196 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. | |
| Sep 30, 2026 | Case: 25-CT-012467 | Judge Taylor |
| Facts: | The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and slurred speech. She also had difficulty dividing her attention. She admitted to having consumed multiple drinks prior to driving. According to the officer, she performed poorly on the field sobriety tests which consisted of the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later refused a breath test. This was her Second DUI arrest. | |
| Defense: | After negotiations with the State regarding the evidence and the defendant, the State Dopped her Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 30, 2026 | Case: 26-CT-002838 | Judge Crown |
| Facts: | The defendant was stopped for speeding. Officers noticed enlarged/glassy pupils and uncoordinated motor functions. Believing that she was impaired by drugs, she was requested to perform field sobriety tests. She performed very poorly on tape. She was arrested for DUI and later provided a urine sample. That came back from the FDLE lab positive for marijuana. | |
| Defense: | Neither officer at the scene smelled any odor of pot nor found pot. At the station, a DRE (drug recognition expert) was called in to perform an evaluation. The defendant admitted to taking marijuana, but not on the date in question. The State could not prove that it was the marijuana that was allegedly impairing her as it could have been in her system for 30 days. The key factor was that the defendant didn't admit to smoking pot that day, the cops did not find any pot, nor did they smell any on her person. | |
| Result: | The State dropped the DUI. | |
| Sep 29, 2026 | Case: 26-MM-001176 | Judge Menz |
| Facts: | The defendant crashed his motorcycle and ended up on the side of the road. When officers arrived, they noticed an odor alcohol, slurred speech, and glassy eyes. He refused to perform any field sobriety tests other than HGN (eye test). He was arrested for DUI and later refused a breath test. This was his Second DUI. | |
| Defense: | On tape, when the first officer arrived there was a civilian standing with the defendant (i.e., a witness). Officers never got his name or took a statement. In addition, on tape, the defendant's speech was not slurred and he was not off balance at all. After negotiations, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 25, 2026 | Case: 26-CT-001345 | Judge Powell |
| Facts: | The defendant was found by police in the parking lot of a closed business. Officers went up to talk to her and she seemed lost and confused, she had an odor of alcohol, she stated that she had consumed two martinis, and she also had slurred speech. She only performed the HGN (eye test) due to her poor balance. She was arrested for DUI and later blew a .110 and .103 in the breath machine. | |
| Defense: | After negotiations with the State regarding the defendant and the evidence, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 23, 2026 | Case: 26-CT-004166 | Judge Smith |
| Facts: | The defendant was stopped for swerving and speeding. He nearly crashed into a concrete wall as well. Officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and 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. | |
| Sep 23, 2026 | Case: 26-CT-000993 | Judge Valkenburg |
| Facts: | The defendant was stopped for failing to maintain a single lane. Officers noticed an odor of alcohol, bloodshot watery eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .121 and .127 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. | |
| Sep 22, 2026 | Case: 26-CT-002703 | Judge Hankin |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, and he admitted to having drank alcohol. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | On tape, not one of the defendant's normal faculties were impaired. In fact, the two officers were on tape stating that they "don't have much to go on." One cop also says, "do you want to push the issue?" Yet they still arrested him. After discussions with the State, they Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |
| Sep 18, 2026 | Case: 26-CT-003447 | Judge Hankin |
| Facts: | The defendant was involved in a crash in the parking lot of her apartment complex. When officers arrived, they noticed an odor of alcohol, slow/exaggerated movements, glassy eyes, balance issues, and mood changes. She refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. | |
| Defense: | When officers arrived on scene, the defendant was in her apartment. There was no way for the State to prove that she was under the influence at the time of the crash, as she stated that she drank after the crash in her apartment. | |
| Result: | The State dropped the DUI. | |
| Sep 17, 2026 | Case: 26-CT-005393 | Judge C. Brown |
| Facts: | Officers responded to a call for service as the defendant's vehicle was disabled and blocking a road near the highway. Officers found the defendant passed out in the driver's seat. They observed the defendant to have an odor of alcohol, watery eyes, and an unsteady gait. The defendant then performed the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises. He was arrested for DUI and later blew a .135 and .127 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. While requesting a breath test, the officer misled the defendant into believing that if he blew, he would get a hardship permit, but if he refused, he would not. That was a misstatement of law. Just prior the motion hearing date, the State knew they would lose the breath test based on all the case law and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: 26-CT-004698 | Judge Griner |
| Facts: | The defendant was stopped for swerving within his lane. Officers noticed an odor of alcohol, watery/glassy eyes, and he admitted to consuming alcohol. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew a .113 and .113 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. | |
| Sep 16, 2026 | Case: 26-CT-007966 | Judge Griner |
| Facts: | The defendant was stopped for weaving, traveling on the wrong side of the road, and fluctuating speeds. Officers noticed an odor of alcohol, glossy eyes, and slurred speech. The defendant then 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 his Second DUI. | |
| Defense: | The officer told the defendant on tape that when he got his driver's license, he had agreed to perform field sobriety tests. This is not true and misinformation. On a driver's license where it says that you consent to any sobriety tests required by law, it refers to a breath, blood, or urine test, not field sobriety tests. After negotiations and realizing all the roadside tests would be excluded from evidence, the State Dropped his Second DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 16, 2026 | Case: AN9NJME | Judge Dittmer |
| Facts: | The defendant was stopped for weaving. He was crossing over the white lines and straddling the dotted lines. Officers noticed an odor of alcohol, a sway to his stance, bloodshot/glassy eyes, and slurred speech. The defendant then performed the HGN (eye test), walk and turn, estimation of 30 seconds, finger to nose, and one leg stand exercises. He was arrested for DUI and 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. | |
| Sep 16, 2026 | Case: AMR105E | Judge Zuroweste |
| Facts: | Officers got called out to a suspicious vehicle parked in a neighborhood. Officers walked up to the car and saw the defendant behind the wheel with the window down. They noticed an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .139 and .135 in the breath machine. | |
| Defense: | In the back of the police car, a conversation ensued about whether to take the breath test. The officer told the defendant something to the effect of that if the breath machine showed .000's, he would take him back to his car. An officer cannot say that because one cannot be unarrested for DUI. That was coercion and misinformation. After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
| Sep 15, 2026 | Case: 26-CF-014543 | Judge Branning |
| Facts: | Officers arrived on scene after an EMS truck almost hit the defendant as her car had gotten a flat and was partially sticking out in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and an inability to keep her balance. After performing the HGN (eye test), one leg stand, finger to nose, and alphabet tests, she was arrested for DUI. She later refused a breath test. This was her Third DUI within ten years and she was charged with Felony DUI. | |
| Defense: | On tape, she was not off-balance or unsteady, her speech was normal, and she was responsive and coherent. She told the officer that she could not do the walk and turn due to severe scoliosis and a balance issue due to being deaf in one ear. Yet the officer skipped over that exercise and had her do a one leg stand. It made no sense at all. She then stated the alphabet correctly and did fine on the finger to nose. We provided a stack of medical records to the State showing that she was telling the truth about her scoliosis and balance issues. It was also clear the arresting officer was being trained and this was a training exercise. A few days before the trial call, the State Dismissed her Felony DUI. | |
| Result: | The DUI was dismissed. | |
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