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

DUI Wins

OUR RECENT VICTORIES

Oct 3, 2023 Case: 23-CT-006122 Judge Farr
Facts: The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-008126 Judge Farr
Facts: The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.
Defense: The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.
Result: The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-008126 Judge Farr
Facts: The defendant was stopped for weaving, fluctuating speeds, and following too closely. The officer noticed an odor of alcohol, red eyes, and he appeared unsteady. He then performed various field sobriety tests and was arrested for DUI. He later blew a .125 and .123 in the breath machine.
Defense: The firm pointed out to the State that on three separate occasions interferent was detected on the breath machine when the defendant blew just prior to getting the .125 and .123. Thus, the breath test results may have been compromised by unknown interferent.
Result: The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-005697 Judge Farr
Facts: The defendant was stopped for repeatedly weaving from side to side, driving under the speed limit, and also drifting over the lane markers. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. She then performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: Many observations on the field sobriety tests were contradicted by the video tape.
Result: The State dropped the DUI.
Oct 3, 2023 Case: 23-CT-006122 Judge Farr
Facts: The defendant was found passed out in her car in the middle of the road. The gear shift was in drive and her foot was on the brake. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and she admitted to having consumed alcohol. On tape, her speech was very slurred. She then refused to perform any roadside tests and was arrested for DUI. She later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 28, 2023 Case: AGR3VYE Judge Lawhorne
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He was also sweating, unsteady, swaying, and staggering. The defendant admitted to having consumed two beers. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: The firm pointed out to the State that almost everything the officer wrote was contradicted by the videotape. His speech was not mumbled, he was not off balance or unsteady, and he did much better on the field sobriety tests than as written. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Sep 28, 2023 Case: AGR3VYE Judge Lawhorne
Facts: The defendant was stopped for weaving. The officer noticed an odor of alcohol, mumbling speech, and bloodshot eyes. He was also sweating, unsteady, swaying, and staggering. The defendant admitted to having consumed two beers. After performing various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test), he was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: The firm pointed out to the State that almost everything the officer wrote was contradicted by the videotape. His speech was not mumbled, he was not off balance or unsteady, and he did much better on the field sobriety tests than as written. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-028195 Judge T. Brown
Facts: The defendant was stopped for running a red light and not wearing a seat belt. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. He also appeared confused and stated he had drank two beers. The defendant only performed the HGN (eye test) and then refused all further roadside tests. He was arrested for DUI and later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-026155 Judge T. Brown
Facts: The defendant was observed staggering towards her car after exiting a bar. The defendant had her keys in her hand and then stepped into her car. Officers immediately requested her to step out. The observed her stagger, lean against the car for balance, and then they smelled an odor of alcohol. The also observed glassy eyes, dilated pupils, mumbling speech, and a flushed face. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: There was no reasonable suspicion of a crime justifying ordering her out of her car. Officers actually let her get into her car and had no clue why she was staggering. All the DUI observations were made after they illegally ordered her out of the car. Also, she was not in actual physical control because she had no "capability" to operate the car as she tossed the keys onto her passenger seat and the offices didn't even give her a chance to start the car.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-006133 Judge Taylor
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. He later refused a breath test.
Defense: On video tape, the defendant did not appear off balance or unsteady prior to roadside tests and his speech was not slurred. We also pointed out to the State that he had difficulty with the walk and turn and one leg stand exercises because he is 6 foot 4 and well over 230 pounds,. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-006133 Judge Taylor
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. He later refused a breath test.
Defense: On video tape, the defendant did not appear off balance or unsteady prior to roadside tests and his speech was not slurred. We also pointed out to the State that he had difficulty with the walk and turn and one leg stand exercises because he is 6 foot 4 and well over 230 pounds,. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-026155 Judge T. Brown
Facts: The defendant was observed staggering towards her car after exiting a bar. The defendant had her keys in her hand and then stepped into her car. Officers immediately requested her to step out. The observed her stagger, lean against the car for balance, and then they smelled an odor of alcohol. The also observed glassy eyes, dilated pupils, mumbling speech, and a flushed face. She performed poorly on field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: There was no reasonable suspicion of a crime justifying ordering her out of her car. Officers actually let her get into her car and had no clue why she was staggering. All the DUI observations were made after they illegally ordered her out of the car. Also, she was not in actual physical control because she had no "capability" to operate the car as she tossed the keys onto her passenger seat and the offices didn't even give her a chance to start the car.
Result: The State dropped the DUI.
Sep 27, 2023 Case: 23-CT-028195 Judge T. Brown
Facts: The defendant was stopped for running a red light and not wearing a seat belt. The officer noticed an odor of alcohol, glossy/bloodshot eyes, and slurred speech. He also appeared confused and stated he had drank two beers. The defendant only performed the HGN (eye test) and then refused all further roadside tests. He was arrested for DUI and later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Sep 15, 2023 Case: 23-CT-007931 Judge Rich
Facts: The defendant was stopped after the officer observed her strike two curbs and failing to maintain a single lane. Once stopped, he did not smell any alcohol, but noticed glassy eyes, slow/belabored movements, unsteadiness, and she admitted to taking her prescribed medications. Believing she was impaired by drugs, she then performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. She was then arrested for DUI and later refused a urine test.
Defense: The defendant admitted to taking two medications. One was a controlled substance, and one was not. The statement about the controlled substance was made in violation of her Miranda rights after she was arrested, in custody, and in the back of the police car. That drug she had admitted to taking was in a class of controlled substances called CNS Stimulants. The officer's observations of slow/belabored movements, as well as getting HGN (i.e. nystagmus in her eyes), was inconsistent with one who is under the influence of a stimulants. On the other hand, it would be consistent with the exact opposite, CNS Depressants. The State agreed that her statement was taken unlawfully. Without that statement, the State could not prove by which specific controlled substance was allegedly impairing the defendant pursuant to Florida Statute 316.193 (the DUI statute). The State then Dismissed the DUI.
Result: The DUI was dismissed.
Sep 15, 2023 Case: 23-CT-007931 Judge Rich
Facts: The defendant was stopped after the officer observed her strike two curbs and failing to maintain a single lane. Once stopped, he did not smell any alcohol, but noticed glassy eyes, slow/belabored movements, unsteadiness, and she admitted to taking her prescribed medications. Believing she was impaired by drugs, she then performed various field sobriety tests such as HGN (eye test), the walk and turn, and one leg stand. She was then arrested for DUI and later refused a urine test.
Defense: The defendant admitted to taking two medications. One was a controlled substance, and one was not. The statement about the controlled substance was made in violation of her Miranda rights after she was arrested, in custody, and in the back of the police car. That drug she had admitted to taking was in a class of controlled substances called CNS Stimulants. The officer's observations of slow/belabored movements, as well as getting HGN (i.e. nystagmus in her eyes), was inconsistent with one who is under the influence of a stimulants. On the other hand, it would be consistent with the exact opposite, CNS Depressants. The State agreed that her statement was taken unlawfully. Without that statement, the State could not prove by which specific controlled substance was allegedly impairing the defendant pursuant to Florida Statute 316.193 (the DUI statute). The State then Dismissed the DUI.
Result: The DUI was dismissed.
Sep 14, 2023 Case: 23-CT-003248 Judge Bristow
Facts: The defendant was stopped after he was driving at a high rate of speed, making a wide turn, swerving, and almost colliding with other cars. The officer observed an odor of alcohol, he stated he had consumed 4 gin and tonics, and he also had red/glassy eyes. The defendant also appeared drowsy and looked like he was going to fall asleep. He performed poorly on roadside tests and was arrested for DUI. He later blew a .196 and .198 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 14, 2023 Case: 23-CT-003248 Judge Bristow
Facts: The defendant was stopped after he was driving at a high rate of speed, making a wide turn, swerving, and almost colliding with other cars. The officer observed an odor of alcohol, he stated he had consumed 4 gin and tonics, and he also had red/glassy eyes. The defendant also appeared drowsy and looked like he was going to fall asleep. He performed poorly on roadside tests and was arrested for DUI. He later blew a .196 and .198 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 8, 2023 Case: 23-CT-014955 Judge Baker
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and she was sarcastic and angry. She was also observed to have stumbled. After performing field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense: The firm pointed out to the State that nothing can be heard on tape because the officer had his car radio blasting music. Additionally, we also pointed out that the defendant never stumbled and also performed much better on the roadside tests on the video versus what was written in the police reports.
Result: The State dropped the DUI.
Sep 8, 2023 Case: 23-CT-019984 Judge Atkin
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they did not notice any odor of alcohol, but did observe a drowsy face, slow motor movements, and slow/slurred speech. He was also swayed, staggered, stumbled, and had bloodshot eyes. Believing he was impaired by drugs, he then performed various roadside tests. He performed poorly and was arrested for DUI. He later provided a urine test which came back from FDLE positive for Xanax.
Defense: The firm provided a prescription for the medication to the State. Although it is not a defense simply to have a prescription, it did help in our negotiations.
Result: The State dropped the DUI.
Sep 8, 2023 Case: 23-CT-014955 Judge Baker
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/watery eyes, and she was sarcastic and angry. She was also observed to have stumbled. After performing field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense: The firm pointed out to the State that nothing can be heard on tape because the officer had his car radio blasting music. Additionally, we also pointed out that the defendant never stumbled and also performed much better on the roadside tests on the video versus what was written in the police reports.
Result: The State dropped the DUI.
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