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

OUR RECENT VICTORIES

Oct 27, 2010 Case: CT-001467-XDY Judge Courtney
Facts: The defendant was stopped for being passed out in the driver's seat at a red light. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he leaned against his car for balance. He refused all roadside tests and was arrested for DUI. This was the defendant's second DUI arrest.
Result: The State Dropped the DUI.
Oct 27, 2010 Case: CT-008736-XEF Judge Courtney
Facts: The defendant was stopped for running a stop sign and weaving. The officer noticed an odor of alcohol, he admitted drinking wine, and watery eyes. The officer wrote in his report the defendant nearly fell, swayed as he stood, and stumbled. The defendant performed the roadside tests at the request of the officer on video tape. After doing them, he was arrested for DUI.
Result: The State dropped the DUI.
Oct 27, 2010 Case: CT-008894-XEF Judge Courtney
Facts: The defendant was stopped for running a red light. The officer observed an odor of alcohol and bloodshot eyes. On the walk and turn test, she did not touch heel to toe and stepped off the line. On the one leg stand tests, she swayed. She was then arrested for DUI and refused the breath test.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 8077-XEE Judge Krieger-Martin
Facts: The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 4627-XDY Judge Seff
Facts: The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 8077-XEE Judge Krieger-Martin
Facts: The defendant was stopped for driving down the worng way down a one way street. The officer observed an odor of alcohol, flushed face, and bloodshot eyes. According to the officer, the defendant performed poorly on the roadside tests. He was arrested for DUI and then blew a .126 and .123 in the breath machine.
Result: The State Dropped the DUI.
Oct 25, 2010 Case: 4627-XDY Judge Seff
Facts: The defendant was stopped for having a suspended license during a routine records check. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he failed the roadside tests and was arrested for DUI. After is arrest, he blew a .080 in the breath machine.
Result: The State Dropped the DUI.
Oct 20, 2010 Case: 2010-MM-00167-A-P Judge Ptomey
Facts: The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused.
Result: The State Dropped the DUI.
Oct 20, 2010 Case: 2010-MM-00167-A-P Judge Ptomey
Facts: The defendant was involved in crash whereby he hit a pole. He was then stopped by police as he tried to leave the scene. Officers observed a moderate odor of alcohol, slurred speech, and glassy eyes. The officers requested roadside tests to which the defendant complied. On the walk and turn, he failed to touch heel to toe and took too many steps. On the one leg stand, he used his arms and counted wrong. After the DUI investigation was complete, the officers believed he was impaired by a chemical or controlled substance, and not alcohol. They then requested a urine sample to which the defendant refused.
Result: The State Dropped the DUI.
Oct 19, 2010 Case: CT-002456-GKB Judge Lefler
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot/watery eyes. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she failed to maintain her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she swayed, put her foot down, and used her arms for balance. She was arrested for DUI.
Result: The DUI was Dismissed.
Oct 19, 2010 Case: 08-026650MM10A Judge Lerner-Wren
Facts: The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The Judge Granted the motion to suppress and threw out all the evidence. The DUI was then Dismissed.
Oct 19, 2010 Case: CT-002456-GKB Judge Lefler
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot/watery eyes. According to the officer, she performed poorly on the roadside tests. For example, on the walk and turn, she failed to maintain her balance, did not touch heel to toe, and used her arms for balance. On the one leg stand, she swayed, put her foot down, and used her arms for balance. She was arrested for DUI.
Result: The DUI was Dismissed.
Oct 19, 2010 Case: 08-026650MM10A Judge Lerner-Wren
Facts: The defendant was stopped for failing to maintain a single lane. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The defendant stated he drank beer that night. The defendant refused the roadside tests and was arrested for DUI. He then refused the breath test.
Result: The Judge Granted the motion to suppress and threw out all the evidence. The DUI was then Dismissed.
Oct 14, 2010 Case: CT-003361-XDY Judge Thomas
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and red eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe, used his arms for balance, and was very off balance walking. On the one leg stand, he put his foot down numerous times and could not do the test. He was arrested for DUI and then refused the breath test.
Result: The State Dropped the DUI.
Oct 14, 2010 Case: 3885-FXE Judge Seraphin
Facts: The defendant was stopped for weaving and driving to slow. The defendant had slow reactions, slurred speech, and a flushed face. The defendant performed very poorly on the roadside tests and was arrested for DUI. The officers concluded was impaired by a chemical and/or controlled substance as no alcohol was detected. Urine was requested and the defendant tested positive for Ambien.
Result: The State Dropped the DUI.
Oct 14, 2010 Case: CT-003361-XDY Judge Thomas
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol and red eyes. The defendant performed poorly on the roadside tests. For example, on the walk and turn, he did not touch heel to toe, used his arms for balance, and was very off balance walking. On the one leg stand, he put his foot down numerous times and could not do the test. He was arrested for DUI and then refused the breath test.
Result: The State Dropped the DUI.
Oct 14, 2010 Case: 3885-FXE Judge Seraphin
Facts: The defendant was stopped for weaving and driving to slow. The defendant had slow reactions, slurred speech, and a flushed face. The defendant performed very poorly on the roadside tests and was arrested for DUI. The officers concluded was impaired by a chemical and/or controlled substance as no alcohol was detected. Urine was requested and the defendant tested positive for Ambien.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: CT-001819-XEJ Judge Mcneil
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. The defendant admitted to drinking. Prior to offering the roadside tests, the defendant stated numerous times he had ankle injuries and could not do the walk and turn and one leg stand. The officer never offered non physical exercises like the alphabet or count backwards tests and just arrested the defendant for DUI.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: 2010-CM-010198 Judge Mcneil
Facts: The defendant was found by the police passed out in his car with the engine running in a parking lot. The officer observed an odor of alcohol, glassy eyes, and an inability to follow instructions. He also was cursing at the officer. He refused the roadside tests and was arrested for DUI. The defendant then refused the breath test.
Result: The State Dropped the DUI.
Oct 11, 2010 Case: 08-021994MM10A Judge Brown
Facts: The defendant was stopped for weaving all over the road whereby other vehicles had to take evasive action to avoid being struck. Upon making contact with the defendant, the initial officer observed an odor of alcohol, glassy eyes, slurred speech, and unsteadiness. The DUI task force was called to the scene. The task force officer stated that in addition to the first officer's observations, he observed a flushed face and eyelid tremors. He asked the defendant to perform several field sobriety tests. After the tests, the defendant was arrested for DUI. The defendant blew a .107 in the intoxilyzer.
Result: The Court agreed and excluded the breath test from evidence. The State subsequently dropped the DUI.
Offices Located Throughout the State of Florida