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

OUR RECENT VICTORIES

Feb 23, 2011 Case: 09-007940MM10A (JURY TRIAL) Judge Brown
Facts: The defendant was stopped for driving at a high rate of speed and running a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. There was an open beer in the car, the defendant was uneasy on his feet, and used the car for support. According to the officer, he performed poorly on the field sobriety tests and was arrested for DUI. After his arrest, he refused the breath test.
Result: The Jury found the defendant Not Guilty.
Feb 22, 2011 Case: 08-025738MM10A Judge Brown
Facts: The defendant was found passed out in his car by the police in a parking lot. The officers, upon waking up the defendant, noticed an odor of alcohol, watery eyes, and slow speech. The defendant stated he drank three mixed drinks. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .107 and .101 in the breath machine.
Result: The State Dropped the DUI.
Feb 22, 2011 Case: 08-025738MM10A Judge Brown
Facts: The defendant was found passed out in his car by the police in a parking lot. The officers, upon waking up the defendant, noticed an odor of alcohol, watery eyes, and slow speech. The defendant stated he drank three mixed drinks. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .107 and .101 in the breath machine.
Result: The State Dropped the DUI.
Feb 3, 2011 Case: CT-000151-XEH Judge Dominguez
Facts: The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine.
Result: The State Dropped the DUI.
Feb 3, 2011 Case: CT-000151-XEH Judge Dominguez
Facts: The defendant was stopped by the police for violating the right of way at a cross-walk. The officers observed an odor of alcohol, slurred speech, and glassy eyes. According to the officers, he performed poorly on the field sobriety tests which were video taped. He was then arrested for DUI. After his arrest, he blew a .080 and .087 in the breath machine.
Result: The State Dropped the DUI.
Jan 31, 2011 Case: 48-2009-CT-001342 Judge Ansbro
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test.
Result: The DUI was Dismissed.
Jan 31, 2011 Case: 48-2009-CT-001342 Judge Ansbro
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and very slow speech. According to the officer, the defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe and stepped off the line. On the one leg stand, he put his foot down. He was arrested for DUI and then refused the breath test.
Result: The DUI was Dismissed.
Jan 24, 2011 Case: 573896-X (JURY TRIAL) Judge Gayles
Facts: The defendant was stopped for driving with no headlights, speeding, and weaving two times. The officer who made the stop observed an odor of alcohol, slurred speech, red eyes, and a flushed face. He also observed the defendant to have very poor balance. In other words, according to the officer, the defendant could hardly stand up without the use of his van. He then called for a DUI officer who made somewhat similar observations. That officer conducted the HGN (eye test). It then started to rain heavily, so the the officers arrested the defendant for DUI. This was the defendant's FOURTH DUI.
Result: The Jury found the defendant Not Guilty in less than ten minutes.
Jan 24, 2011 Case: 573896-X (JURY TRIAL) Judge Gayles
Facts: The defendant was stopped for driving with no headlights, speeding, and weaving two times. The officer who made the stop observed an odor of alcohol, slurred speech, red eyes, and a flushed face. He also observed the defendant to have very poor balance. In other words, according to the officer, the defendant could hardly stand up without the use of his van. He then called for a DUI officer who made somewhat similar observations. That officer conducted the HGN (eye test). It then started to rain heavily, so the the officers arrested the defendant for DUI. This was the defendant's FOURTH DUI.
Result: The Jury found the defendant Not Guilty in less than ten minutes.
Jan 20, 2011 Case: 08-3403MM10A Judge Lerner-Wren
Facts: The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI.
Result: Subsequent to losing the breath test evidence the State dropped the DUI.
Jan 20, 2011 Case: 08-3403MM10A Judge Lerner-Wren
Facts: The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI.
Result: Subsequent to losing the breath test evidence the State dropped the DUI.
Jan 19, 2011 Case: CT-10-5372ELASP Judge Carballo
Facts: The defendant was stopped as he drove around a police car almost striking that patrol car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The officer noticed swaying and stumbling. The defendant stated he had three beers. According to the officer, he failed the roadside tests which were video taped. For example, on the walk an turn, he used his arms for balance, stepped off the line, and did not touch heel to toe. On the one leg stand, he used his arms for balance and put his foot down. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI.
Jan 19, 2011 Case: 10-CT-500193 (JURY TRIAL) Judge Gonzalez
Facts: The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests for the officer which were not video taped. For example, on the walk and turn, he fell backwards, did not touch heel to toe, and used his arms for balance. On the one leg stand, he put his foot down four times and swayed. The defendant was very argumentative with the arresting officer after his arrest for DUI. He then refused the breath test.
Result: The Jury found the Defendant Not Guilty in less than fifteen minutes.
Jan 19, 2011 Case: CT-10-5372ELASP Judge Carballo
Facts: The defendant was stopped as he drove around a police car almost striking that patrol car. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The officer noticed swaying and stumbling. The defendant stated he had three beers. According to the officer, he failed the roadside tests which were video taped. For example, on the walk an turn, he used his arms for balance, stepped off the line, and did not touch heel to toe. On the one leg stand, he used his arms for balance and put his foot down. After his arrest for DUI, he refused the breath test.
Result: The State Dropped the DUI.
Jan 19, 2011 Case: 10-CT-500193 (JURY TRIAL) Judge Gonzalez
Facts: The defendant was stopped for speeding and straddling the lane markers. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed the field sobriety tests for the officer which were not video taped. For example, on the walk and turn, he fell backwards, did not touch heel to toe, and used his arms for balance. On the one leg stand, he put his foot down four times and swayed. The defendant was very argumentative with the arresting officer after his arrest for DUI. He then refused the breath test.
Result: The Jury found the Defendant Not Guilty in less than fifteen minutes.
Jan 13, 2011 Case: 2010-CT-010557AXXX (JURY TRIAL) Judge Eissey
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slow, mumbled, slurred speech. The defendant first stated she had nothing to drink and then said she had one drink. She appeared sleepy to the officer and had comprehension problems. She performed roadside tests at the request of the officer on video tape. For example, on the walk and turn, she took an incorrect number of steps, did not count out loud, did not walk heel to toe, and stumbled. On the alphabet test, she stated it wrong before saying it the right way. On the finger to nose, she failed to touch the tip of her nose and did not remove her finger from her nose. On the one leg stand, she swayed and bent her leg. She was arrested for DUI and later refused the breath test.
Result: The Jury found the defendant Not Guilty in less than fifteen minutes.
Jan 13, 2011 Case: 2010-CT-010557AXXX (JURY TRIAL) Judge Eissey
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red eyes, and slow, mumbled, slurred speech. The defendant first stated she had nothing to drink and then said she had one drink. She appeared sleepy to the officer and had comprehension problems. She performed roadside tests at the request of the officer on video tape. For example, on the walk and turn, she took an incorrect number of steps, did not count out loud, did not walk heel to toe, and stumbled. On the alphabet test, she stated it wrong before saying it the right way. On the finger to nose, she failed to touch the tip of her nose and did not remove her finger from her nose. On the one leg stand, she swayed and bent her leg. She was arrested for DUI and later refused the breath test.
Result: The Jury found the defendant Not Guilty in less than fifteen minutes.
Jan 9, 2011 Case: CT-009453-XEF Judge Lefler
Facts: The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI.
Result: The State Dropped the DUI.
Jan 9, 2011 Case: CT-009453-XEF Judge Lefler
Facts: The defendant was stopped for running a red light. The officer observed the defendant to be confused, have an odor of alcohol, and bloodshot eyes. According to the officer, she failed the video taped roadside tests. For example, on the walk and turn test, she took an incorrect number of steps, did not count out loud, and lost her balance. On the one leg stand, she put her foot down and used her arms for balance. She was then arrested for DUI.
Result: The State Dropped the DUI.
Jan 8, 2011 Case: CT-007655XEY Judge Lefler
Facts: The defendant was found passed out in his car in a parking lot. His friends had driven him there and he decided not to drive and just sleep it off. The officers noticed an odor of alcohol, bloodshot eyes, and swaying. He performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .191 and .189 in the breath machine.
Result: The DUI was Dismissed.
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