The defendant was stopped by the police after a person called 911 and stated the defendant was driving all over the road, running red lights, and hitting curbs. The officer stopped the car and noticed an odor of alcohol, severely slurred speech, bloodshot eyes, and slow/lethargic movements. Once the defendant was outside the car, he was unsteady and incoherent. He performed the roadside tasks at the request of the officer whereby he appeared highly intoxicated. The defendant admitted drinking 4-5 beers that day and also apologized to the officer that he should not be driving. After his arrest for DUI, he refused the breath test. It should be noted that the breath technician at the police station also testified that the defendant was totally incoherent and obviously impaired which was all was captured on video tape. Furthermore, the State played the 911 tape at trial for the jury.

Parks & Braxton argued at trial that the defendant's impairment was caused from a severe head injury and concussion which occurred hours before his contact with the police as opposed to alcohol impairment. At jury trial, the defendant testified as to his head injuries, the defense showed pictures of a huge bump on his head, and that he was hospitalized immediately upon his release from jail. His mother also testified about his hospitalization and that he had to be awoken every two hours for almost four days.

The Jury found the defendant Not Guilty in less than ten minutes.