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

DUI Wins

OUR RECENT VICTORIES

Aug 10, 2023 Case: AGR42XE Judge Lawhorne
Facts: The defendant was stopped for speeding. He was going 93 mph in a 50 mph zone. The officer noticed an odor of alcohol, a slight slur to his speech, and he struggled to divide his attention. He appeared unsteady, staggered, and swayed. He then performed various roadside tests and was arrested for DUI. He later blew a .092 and .091 in the breath machine.
Defense: On tape, the defendant did not slur words, was not unsteady or off balance, and never staggered. In addition, due to a .02 margin of error, the firm was also able to take the defendant's breath results below the legal limit of .08.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024474 Judge Ingram
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, he admitted to having consumed three vodka drinks, and had bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later blew a .089 and .085 in the breath machine.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop. We pointed out a lack of specifics regarding the alleged weaving such as the number of times, time frame, and distance. The State, after several conversations, Dropped the DUI.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024399 Judge Ingram
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and lethargic movements. The defendant fumbled and dropped his belongings. He also got out of the car slowly and appeared unsteady. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-016275 Judge Ingram
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he stated he had consumed three beers. He also swayed while he stood. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.
Defense: After negotiations, the firm pointed out that on tape none of the defendant's normal faculties were impaired and there was no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. He received no conviction in his record.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-018688 Judge Ingram
Facts: The defendant was stopped after making an improper turn and almost causing a collision. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He swayed while he stood, swayed while walking , and admitted to having drank alcohol earlier. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: Under Florida Statute 316.1932, a defendant cannot be asked for a breath test, nor read implied consent, until after being placed under arrest for DUI. Here, the officer requested a breath test and read implied consent on tape prior to arresting the defendant. In addition, on tape, his speech was normal and he was not swaying. The State Dropped the DUI down to a Civil Careless Driving infraction.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-013443 Judge Ingram
Facts: The defendant was stopped for swerving and having an expired tag. The officer observed an odor of alcohol, an odor of marijuana, and red/glossy eyes. He also had slurred speech, swayed while he stood, and had a hard time following simple instructions. The officer also noticed a pink tube with a smoked blunt in the car. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and .118 in the breath machine.
Defense: The firm pointed out that on tape no one can see how the defendant actually performed on the roadside tests. The officer's camera only showed the defendant from the waste up on the walk and turn and one leg stand.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024474 Judge Ingram
Facts: The defendant was stopped for failing to maintain a single lane. The officer observed an odor of alcohol, he admitted to having consumed three vodka drinks, and had bloodshot eyes. He then performed various field sobriety tests and was arrested for DUI. He later blew a .089 and .085 in the breath machine.
Defense: Issues were raised by the firm as to the lawfulness of the traffic stop. We pointed out a lack of specifics regarding the alleged weaving such as the number of times, time frame, and distance. The State, after several conversations, Dropped the DUI.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-024399 Judge Ingram
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, glassy eyes, and lethargic movements. The defendant fumbled and dropped his belongings. He also got out of the car slowly and appeared unsteady. He then performed various roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-013443 Judge Ingram
Facts: The defendant was stopped for swerving and having an expired tag. The officer observed an odor of alcohol, an odor of marijuana, and red/glossy eyes. He also had slurred speech, swayed while he stood, and had a hard time following simple instructions. The officer also noticed a pink tube with a smoked blunt in the car. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .123 and .118 in the breath machine.
Defense: The firm pointed out that on tape no one can see how the defendant actually performed on the roadside tests. The officer's camera only showed the defendant from the waste up on the walk and turn and one leg stand.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-016275 Judge Ingram
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot/glassy eyes, and he stated he had consumed three beers. He also swayed while he stood. He then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was then arrested for DUI.
Defense: After negotiations, the firm pointed out that on tape none of the defendant's normal faculties were impaired and there was no probable cause to arrest him for DUI. The State agreed and Dropped the DUI. He received no conviction in his record.
Result: The State dropped the DUI.
Aug 9, 2023 Case: 23-CT-018688 Judge Ingram
Facts: The defendant was stopped after making an improper turn and almost causing a collision. The officer noticed an odor of alcohol, slurred speech, and glassy eyes. He swayed while he stood, swayed while walking , and admitted to having drank alcohol earlier. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: Under Florida Statute 316.1932, a defendant cannot be asked for a breath test, nor read implied consent, until after being placed under arrest for DUI. Here, the officer requested a breath test and read implied consent on tape prior to arresting the defendant. In addition, on tape, his speech was normal and he was not swaying. The State Dropped the DUI down to a Civil Careless Driving infraction.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-002550 Judge Farr
Facts: The defendant was stopped for traveling the wrong way on a one-way street. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank two beers. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
Defense: After negotiations regarding the evidence just prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-000581 Judge Farr
Facts: The defendant was stopped for speeding and causing another car to take evasive actions in order to avoid a crash. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .144 and .140 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.
Aug 8, 2023 Case: 23-CT-001561 Judge Woodard
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant stated that he had consumed two mixed drinks. The defendant performed various roadside tests such as the walk and turn, one leg stand, and finger to nose. The officer also performed the HGN (eye tests) and estimation of 30 seconds. The defendant was arrested for DUI and later refused a breath test.
Defense: Many of the details of the field sobriety tests were exaggerated in the reports as compared to the video tape.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-001231 Judge Farr
Facts: The defendant was stopped for speeding and drifting. The officer an noticed an odor of alcohol, a blank/dazed stare, and droopy eye lids. He also had slurred speech, watery/bloodshot eyes, and poor coordination. His movements were lethargic, he appeared tired, and also appeared confused. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: Many of the observations listed above were contradicted by the video tape. The defendant did not exhibit poor coordination, his speech was not slurred, and he did not appear confused. The State Dropped the DUI. It should be noted that the firm also got the defendant's first DUI dropped a couple of years ago.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-001561 Judge Woodard
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slow/slurred speech, and bloodshot eyes. The defendant stated that he had consumed two mixed drinks. The defendant performed various roadside tests such as the walk and turn, one leg stand, and finger to nose. The officer also performed the HGN (eye tests) and estimation of 30 seconds. The defendant was arrested for DUI and later refused a breath test.
Defense: Many of the details of the field sobriety tests were exaggerated in the reports as compared to the video tape.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-002550 Judge Farr
Facts: The defendant was stopped for traveling the wrong way on a one-way street. The officer noticed an odor of alcohol, glassy eyes, and he admitted to having drank two beers. After performing various roadside tests, he was arrested for DUI. He later refused a breath test.
Defense: After negotiations regarding the evidence just prior to trial, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 8, 2023 Case: 23-CT-000581 Judge Farr
Facts: The defendant was stopped for speeding and causing another car to take evasive actions in order to avoid a crash. The officer observed an odor of alcohol, glassy eyes, and slurred speech. The defendant then performed various field sobriety tests and was arrested for DUI. He later blew a .144 and .140 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.
Aug 8, 2023 Case: 23-CT-001231 Judge Farr
Facts: The defendant was stopped for speeding and drifting. The officer an noticed an odor of alcohol, a blank/dazed stare, and droopy eye lids. He also had slurred speech, watery/bloodshot eyes, and poor coordination. His movements were lethargic, he appeared tired, and also appeared confused. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI arrest.
Defense: Many of the observations listed above were contradicted by the video tape. The defendant did not exhibit poor coordination, his speech was not slurred, and he did not appear confused. The State Dropped the DUI. It should be noted that the firm also got the defendant's first DUI dropped a couple of years ago.
Result: The State dropped the DUI.
Jul 27, 2023 Case: 22-MM-016196 Judge Mckyton
Facts: The defendant was observed docking his boat. Officers approached the boat to do a safety inspection. Once approaching the defendant, they noticed an odor of alcohol and he admitted to having drank earlier. They also noticed bloodshot eyes and slurred speech. He was then asked to perform various field sobriety tests such as the finger to nose, palm pat, and another coordination exercises due to him just getting off a boat. He was then arrested for Boating Under the Influence (BUI). He later refused a breath test. This was the defendant's Second DUI (BUI) and he was also charged with a Second refusal to submit to a breath test.
Defense: Under Florida law, a defendant cannot be asked to take a breath test prior to being arrested for either Boating or Driving under the influence. Here, on video tape, the officer requested a breath test prior to the defendant being arrested. In addition, they told him his prior refusal would not count against him because it was over three years old. That is a misstatement of the law. Thus, the refusal to take a breath test would have been excluded from evidence. The State then Dismissed the refusal charge. In addition, on tape his speech was not slurred and his roadside tests were better than as described in the reports. The State agreed and Dropped the Boating Under the Influence charge.
Result: The State dropped the DUI.
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