Fort Myers DUI Lawyers | Parks & Braxton, PA 239-217-3723

DUI Wins

OUR RECENT VICTORIES

Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
Facts: The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.
Mar 3, 2025 Case: 24-CT-055483 Judge Koenig
Facts: The defendant was stopped for running a stop sign. Officers noticed an odor of alcohol, bloodshot/glassy eyes, and his hands were shaking. The defendant exited the car slowly, swayed while standing, and he stated that he had consumed one beer. He performed the HGN (eye test), walk and turn, and one leg stand exorcises. He was arrested for DUI and later blew a .118 and .117 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.
Feb 26, 2025 Case: 23-007747MU10A Judge Francois
Facts: The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
Defense: The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
Result: The State dropped the DUI to a reckless driving.
Feb 26, 2025 Case: 23-007747MU10A Judge Francois
Facts: The defendant was stopped for straddling lane markers on the highway. In addition, the defendant was clocked at 85mph in a 65mph zone. The defendant then slowed down in the far right lane to 10mph, eventually stopping in the right lane of traffic. Upon approaching the vehicle, the Trooper observed a strong odor of alcohol, bloodshot eyes and slurred speech. Upon exiting the car, the officer observed extreme unsteadiness. The Trooper then asked the defendant to perform a series of field sobriety tests. The defendant responded by saying it was up to the Trooper. There was clearly a language barrier between the Trooper and the client. Since the defendant never answered with a clear yes or no answer the Trooper arrested him for DUI. The Trooper then asked for a breath and urine sample. The defendant responded by saying "whatever you want to do just do it." The Trooper took that as a refusal to submit to a breath test.
Defense: The evidence made clear that the defendant never specifically responded to the Trooper's requests. In addition, despite the heavy accent it was evident that there was a language barrier between the Trooper and the defendant. These specific issues were raised with the prosecutor. The defendant had his charges reduced to reckless driving with no conviction of any kind on his record.
Result: The State dropped the DUI to a reckless driving.
Feb 25, 2025 Case: 24-CT-016598 Judge Rich
Facts: The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 25, 2025 Case: 24-CT-016598 Judge Rich
Facts: The defendant was stopped for failing to maintain a single lane and also driving in the middle of two lanes for several blocks. Officers noticed an odor of alcohol, unsteady balance, and he admitted to having consumed several mixed drinks. He also had glassy eyes and slurred speech. He performed very poorly on the field sobriety tests and was arrested for DUI. He later blew a .182 and .180 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Feb 24, 2025 Case: 24-011987MU10A Judge Evans
Facts: The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.
Defense: Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
Result: The DUI was dismissed.
Feb 24, 2025 Case: 24-011987MU10A Judge Evans
Facts: The defendant was involved in a multiple car accident. Upon arrival, the officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a sway while she walked. Multiple witnesses identified the defendant as the driver involved in the accident. After the crash investigation, the defendant was informed that the officers were now conducting a DUI investigation. The defendant refused to participate in either field sobriety tests or a breath test. She was subsequently arrested for DUI Property Damage/Personal Injury. After arrest, the officers located 53 Lorazepam pills in the defendant's purse as well as well as a liquid THC Truelieve syringe.
Defense: Parks & Braxton filed a series of motions challenging the admissibility of the evidence. Specifically, the firm argued that both the field sobriety test request and subsequent refusal was unlawful. Next, the firm argued that the refusal to submit to a breath test was unlawful. The Court agreed, and excluded any mention that the defendant refused either a breath test or field sobriety tests. Lastly, Parks & Braxton filed a motion for Statement of Particulars. Specifically, the motion argued that the prosecutor needed to state with specificity what substance the defendant was allegedly impaired by. The prosecutor conceded the motion, and the defendant walked away with no criminal charges on her record.
Result: The DUI was dismissed.
Feb 20, 2025 Case: 24-CT-019480 Judge Damico
Facts: The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 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 20, 2025 Case: 24-CT-019480 Judge Damico
Facts: The defendant was found unconscious in his car at an intersection. When he regained consciousness, his car began to roll forward almost striking the officers. Officers got the vehicle to stop rolling and upon contact noticed an odor of alcohol, delayed speech, and bloodshot/glossy eyes. He then performed various field sobriety tests such as the finger to nose, count backwards, walk and turn, one leg stand, and the HGN (eye test). He was subsequently arrested for DUI and later blew a .106 and .104 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 19, 2025 Case: 24-CT-045334 Judge Ingram
Facts: The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises 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 19, 2025 Case: 24-CT-041250 Judge Ingram
Facts: The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He 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 19, 2025 Case: 24-CT-051274 Judge Ingram
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 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.
Feb 19, 2025 Case: 24-CT-045334 Judge Ingram
Facts: The defendant was stopped for swerving and striking the median wall of the highway. The officer observed an odor of alcohol, slurred speech, and glassy eyes. The defendant staggered, swayed, and had an uneven gait. The defendant also stated that he had consumed two drinks. He performed poorly on the walk and turn, one leg stand, and HGN (eye test) exercises 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 19, 2025 Case: 24-CT-041250 Judge Ingram
Facts: The defendant was stopped for speeding, swerving, and braking heavily. Officers noticed an odor of alcohol, slurred speech, glassy eyes, and he stated that he had consumed a couple of drinks. He also appeared unsteady and walked slowly. After refusing to perform field sobriety tests, he was arrested for DUI. He 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 19, 2025 Case: 24-CT-051274 Judge Ingram
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, thick/slurred speech, a flushed face, and bloodshot eyes. The defendant stated he had drank two Long Island Iced Teas. He then performed the HGN (eye test), estimation of 30 seconds, walk and turn, and one leg stand exercises. He was then arrested for DUI and later blew a .098 and .095 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.
Feb 13, 2025 Case: 24-CM-009995 Judge Scott
Facts: The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
Result: The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-012747 Judge Scott
Facts: The defendant was stopped for speeding (83mph in a 55mph zone). Officers noticed an odor of alcohol, bloodshot/watery eyes, and slurred speech. She also appeared unsteady and had fumbling fingers. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Second DUI.
Defense: The firm pointed out to the State prior to trial that the defendant was not unsteady and had no slurred speech on tape. After negotiations, the State Dropped her Second DUI.
Result: The State dropped the DUI.
Feb 13, 2025 Case: 24-CT-014431 Judge Scott
Facts: The defendant was stopped for almost crashing into an officer by violating his right of way. Officers noticed an odor of alcohol, slurred speech, and a tired/lethargic balance. He also had poor balance and admitted to drinking beer. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. After his arrest, he blew a .110 and .110 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.
Feb 13, 2025 Case: 24-CM-009995 Judge Scott
Facts: The defendant was stopped for making a wide turn and straddling the bike lane markers. Officers observed the defendant to have an odor of alcohol, an odor of marijuana, slurred speech, and red/watery eyes. The defendant only performed the HGN (eye test only). No walk and turn or one leg stand exercises were conducted due to his belligerent behavior. He was arrested for DUI and later refused a breath test. This was his Second DUI. He was also charged with resisting an officer without violence.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the defendant's Second DUI. They also Dismissed the resisting charge.
Result: The State dropped the DUI.
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