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

DUI Wins

OUR RECENT VICTORIES

Jul 5, 2009 Case: 2008-CT-1273TTMA Judge Ritenour
Facts: The defendant was stopped for speeding, weaving, and almost hitting a truck. The officer noticed an odor of alcohol, mumbled speech, and bloodshot eyes. The defendant was staggering and unsteady. She refused the field sobriety tests and then refused the breath test.
Result: Prior to the motion, the State Dropped the DUI.
Jun 29, 2009 Case: 1062-XED Judge Fernandez
Facts: The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadsides according to the officer. For example, on the one leg stand, he put his foot down and swayed. On the walk and turn, he stepped off the line, failed to touch heel to toe, and did not turn correctly. After his arrest for DUI, he blew a .146 in the breath machine.
Result: The DUI was Dismissed due to the Statute of Limitations.
Jun 29, 2009 Case: 1062-XED Judge Fernandez
Facts: The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant failed the roadsides according to the officer. For example, on the one leg stand, he put his foot down and swayed. On the walk and turn, he stepped off the line, failed to touch heel to toe, and did not turn correctly. After his arrest for DUI, he blew a .146 in the breath machine.
Result: The DUI was Dismissed due to the Statute of Limitations.
Jun 24, 2009 Case: 98-004259MM10A Judge Lerner-Wren
Facts: The defendant was stopped based on a call about a domestic dispute. The officer observed an odor of alcohol, unsteadiness, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and swayed. On the walk and turn, the defendant did not touch heel to toe and counted improperly. He was arrested for DUI and refused the breath test.
Result: The DUI was Dismissed.
Jun 24, 2009 Case: 05-018177MM10A (JURY TRIAL) Judge Berman
Facts: The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
Result: After jury selection, the State Dropped the DUI.
Jun 24, 2009 Case: 98-004259MM10A Judge Lerner-Wren
Facts: The defendant was stopped based on a call about a domestic dispute. The officer observed an odor of alcohol, unsteadiness, and bloodshot eyes. The defendant performed the field sobriety tests at the request of the officer. For example, on the one leg stand, the defendant used his arms for balance, put his foot down, and swayed. On the walk and turn, the defendant did not touch heel to toe and counted improperly. He was arrested for DUI and refused the breath test.
Result: The DUI was Dismissed.
Jun 24, 2009 Case: 05-018177MM10A (JURY TRIAL) Judge Berman
Facts: The defendant was stopped for cutting off two cars and weaving. The officer noticed an odor of alcohol, bloodshot eyes, a flushed face, and slurred speech. The defendant stumbled exiting his car. The defendant performed the field sobriety tests. For example, on the walk and turn, he took 13 steps in one direction and 20 in the other after being instructed to take nine steps. On the finger to nose, the defendant was completely confused how to perform the test. He was arrested for DUI and then refused the breath test.
Result: After jury selection, the State Dropped the DUI.
Jun 23, 2009 Case: 359635-X (JURY TRIAL) Judge Ortiz
Facts: The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
Result: In the middle of jury selection, the State Dropped the DUI.
Jun 23, 2009 Case: 359635-X (JURY TRIAL) Judge Ortiz
Facts: The defendant was stopped for sleeping in a drive through at a McDonalds. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she was swaying as she stood. According to the officer, she performed poorly on the field sobriety tests and was arrested for DUI. After her arrest, she blew .083 and .082 in the breath machine.
Result: In the middle of jury selection, the State Dropped the DUI.
Jun 22, 2009 Case: 8050-XEJ Judge Bloom
Facts: The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
Result: The State Dropped the DUI on the morning of trial.
Jun 22, 2009 Case: 3338-FLB Judge Ortiz
Facts: The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Result: Prior to the motion hearing, the State Dropped the DUI.
Jun 22, 2009 Case: 08-012914MM10A (JURY TRIAL) Judge Lerner-Wren
Facts: The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Result: The Jury found the defendant Not Guilty in less than fifteen minutes.
Jun 22, 2009 Case: 8050-XEJ Judge Bloom
Facts: The defendant was stopped for speeding and weaving. The officer observed and odor of alcohol, bloodshot eyes, and he was unsteady exiting the car. He performed poorly on the roadside tests. For example, on the one leg stand, it was stopped for his safety and on the walk an turn, he stepped off the line, took an incorrect number of steps, and could not hold the instructional stance. After his arrest for DUI, he blew .141 in the breath machine.
Result: The State Dropped the DUI on the morning of trial.
Jun 22, 2009 Case: 3338-FLB Judge Ortiz
Facts: The defendant was involved in a crash in which he hit a tree after cutting off another car. When officers arrived, they observed an odor of alcohol mumbled/slurred speech, and bloodshot eyes. The defendant failed the field sobriety tests according to the officer and was arrested for DUI. For example, he could only reach the number eight on the one leg stand and lost his balance. On the walk and turn, he stepped off the line and did not touch heel to toe. After his arrest, he blew a .155 and .147 in the breath machine.
Result: Prior to the motion hearing, the State Dropped the DUI.
Jun 22, 2009 Case: 08-012914MM10A (JURY TRIAL) Judge Lerner-Wren
Facts: The defendant was stopped for speeding and stopping in the middle of an intersection. The officer observed an odor of alcohol and bloodshot eyes. He performed the roadside tests at the request of the officer which were video taped. According to the officer, he failed them and was arrested for DUI. After his arrest, he refused the breath test.
Result: The Jury found the defendant Not Guilty in less than fifteen minutes.
Jun 17, 2009 Case: CT-OO144-XCG Judge McNeil
Facts: The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
Result: The State Dropped the DUI.
Jun 17, 2009 Case: CT-OO144-XCG Judge McNeil
Facts: The defendant was found passed out in her car in a parking lot. She had vomit all over herself. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. She was swaying when outside the car, had difficulty exiting the car, and was slow to respond to the officer's commands. She refused the roadside tests and the breath test.
Result: The State Dropped the DUI.
Jun 15, 2009 Case: 0695-XAZ Judge Seraphin
Facts: The defendant was stopped for driving through a crash scene which was being investigated by police and she almost hit someone. Upon contact, the officers noticed an odor of alcohol, bloodshot eyes, and slow speech. She failed all the field sobriety tests according to the officer. After her arrest for DUI, she blew a .098 in the breath machine.
Result: The State Dropped the DUI.
Jun 15, 2009 Case: 07-022808MM10A Judge Diaz
Facts: The defendant was involved in a crash in which she hit a mail box. When the officers arrived, they noticed the defendant to have an odor of alcohol, mumbled speech, and mood swings. She failed the walk and turn and one leg stand and was arrested for DUI. The defendant also admitted to taking Xanax and Lexapro on the day in question. After her arrest, she refused the breath test.
Result: The State dropped the DUI.
Jun 15, 2009 Case: 9069-XEJ Judge Arzola
Facts: The defendant was stopped for running a stop sign, weaving, and almost hitting a parked car. The officer noticed an odor of alcohol, slurred speech, and she held onto the door for balance. She could not perform any of the roadside tests without losing her balance. After her arrest for DUI, she blew a .173 in the breath machine.
Result: The State Dropped the DUI.
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