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

OUR RECENT VICTORIES

May 1, 2010 Case: 09-115MM10A Judge Ross
Facts: The defendant was found by the police in a vehicle that was smoking from the engine. He was in the driver's seat, the keys were in the ignition, and he was slumped over the wheel/ passed out. Upon awaking the defendant, the officer observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stumbled out of the car and almost fell over. The defendant refused the roadside tests and was arrested for DUI. He then refused a breath test.
Result: THE STATE DROPPED THE DUI on the morning of the trial.
Apr 28, 2010 Case: 09-0631XBZTES-14 Judge Sestak
Facts: The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI.
Result: The State Dropped the DUI.
Apr 28, 2010 Case: 09-0631XBZTES-14 Judge Sestak
Facts: The defendant was involved in a crash whereby he sideswiped another car. The officer observed slurred speech, red/glassy eyes, and a flushed face. The officer also found a Xanax pill on the defendant. The officer concluded he was impaired by a controlled substance (ie. Xanax). He performed poorly on the roadside tests according to the police. For example, on the walk and turn, he lost his balance and did not touch heel to toe. On the balance test, he swayed and opened his eyes. He was then arrested for DUI.
Result: The State Dropped the DUI.
Apr 26, 2010 Case: 2010-CT-1925 Judge Boyer
Facts: The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine.
Result: On the day of trial, the State Dropped the DUI.
Apr 26, 2010 Case: 2010-CT-1925 Judge Boyer
Facts: The defendant was stopped for driving the wrong way. The officer observed an odor of alcohol, bloodshot eyes, and slightly slurred speech. The defendant admitted to drinking 5-6 drinks. According the officer, he failed the field sobriety tests. After his arrrest, he blew a .108 in the breath machine.
Result: On the day of trial, the State Dropped the DUI.
Apr 19, 2010 Case: 9242-XDY Judge Miranda
Facts: The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test.
Result: The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case.
Apr 19, 2010 Case: 8291-XEJ Judge Krieger-Martin
Facts: The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI.
Result: The State Dropped the DUI.
Apr 19, 2010 Case: 9242-XDY Judge Miranda
Facts: The defendant was stopped after leaving the scene of an accident. The officers observed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed poorly on the one leg stand and HGN (eye test). For example, on the one leg stand, he put his foot down, raised his arms for balance, and swayed. He was then arrested for DUI, DUI causing property damage, and leaving the scene of an accident. After his arrest, he refused the breath test.
Result: The DUI and all other charges were dismissed on Speedy trial grounds due to many discovery violations by the State throughout the course of the case.
Apr 19, 2010 Case: 8291-XEJ Judge Krieger-Martin
Facts: The defendant was involved in a rear end crash which he was at fault. The officers noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed poorly on the roadside tests per the officer. For example, on the one leg stand, he put his foot down and used his arms for balance. On the walk and turn, he stepped off the line, did not touch heel to toe, and did not turn correctly. He was arrested for DUI.
Result: The State Dropped the DUI.
Apr 16, 2010 Case: 2009-CT-001728 Judge Jancewicz
Facts: The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine.
Result: The DUI was Dismissed.
Apr 16, 2010 Case: 2009-CT-001728 Judge Jancewicz
Facts: The defendant was stopped for crossing the white stop bar and driving into an intersection. The officer observed an odor of alcohol, slurred speech, slow body movements, and he fumbled with his paperwork. According to the officer, he failed the roadside tests. After his arrest for DUI, he blew a .140 and .135 in the breath machine.
Result: The DUI was Dismissed.
Apr 13, 2010 Case: 10-007617MM10A Judge Gottleib
Facts: The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest.
Result: The State dropped the DUI.
Apr 13, 2010 Case: CT-3080-XDY Judge Conrad
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test.
Result: The State Dropped the DUI.
Apr 13, 2010 Case: 10-007617MM10A Judge Gottleib
Facts: The defendant was stopped for speeding. The deputy observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. The defendant agreed to perform field sobriety tests. On the one leg stand the defendant began to hop and dropped his foot on the count of 1 and 4. On the finger to nose test the officer testified that the defendant missed the tip of his nose with the tip of his finger. On the walk and turn the officer stated that the defendant failed to walk heel to toe and stepped of the line several times. The defendant had his son in the car who was a minor which resulted in an enhanced DUI arrest.
Result: The State dropped the DUI.
Apr 13, 2010 Case: CT-3080-XDY Judge Conrad
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, slurred speech, and she stated she had one beer. She performed the roadside tests at the request of the officer. For example, on the walk and turn, she stepped off the line, failed to touch heel to toe, and took the incorrect number of steps. On the HGN (eye test), the officer observed an angle of onset prior to 45 degrees and nystagmus at maximum deviation. According to the officer she failed and was arrested for DUI. She then refused the breath test.
Result: The State Dropped the DUI.
Apr 10, 2010 Case: 2010-CT-002732-AXXX Judge Carr
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine.
Result: The State Dropped the DUI.
Apr 10, 2010 Case: 2010-CT-002732-AXXX Judge Carr
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed roadside tests which were video taped. For example, on the walk and turn, he used his arms for balance and failed to touch heel to toe. On the one leg stand, he swayed and put his foot down. He was then arrested for DUI and then blew .091 and .091 in the breath machine.
Result: The State Dropped the DUI.
Apr 6, 2010 Case: 48-2010-CT-002943-O Judge Ansbro
Facts: The defendant drove into a complex swerving and almost hitting a guard gate. A security guard observed all of the defendant's driving. The defendant then got out of the car and laid on the grass. The security guard then called the police as he believed the defendant to be intoxicated. When the officer arrived the defendant was laying on the grass. He observed the defendant to have an odor of alcohol, red eyes, and thick tongued speech. The defendant stated to the officer he drank beer, wanted to die, and he f'd up. An open empty bottle of beer was found in the defendant's car. He did not perform any roadsides and was arrested for DUI. He then refused the breath test.
Result: The State then Dropped the DUI.
Apr 6, 2010 Case: 48-2010-CT-002943-O Judge Ansbro
Facts: The defendant drove into a complex swerving and almost hitting a guard gate. A security guard observed all of the defendant's driving. The defendant then got out of the car and laid on the grass. The security guard then called the police as he believed the defendant to be intoxicated. When the officer arrived the defendant was laying on the grass. He observed the defendant to have an odor of alcohol, red eyes, and thick tongued speech. The defendant stated to the officer he drank beer, wanted to die, and he f'd up. An open empty bottle of beer was found in the defendant's car. He did not perform any roadsides and was arrested for DUI. He then refused the breath test.
Result: The State then Dropped the DUI.
Apr 1, 2010 Case: 2009-CT-016461 Judge Cheek
Facts: The defendant was stopped for weaving. The officer observed an odor of alcohol, bloodshot eyes, and he fumbled with his paperwork. He admitted to drinking wine. According to the officer, he failed the field sobriety tests and was arrested for DUI.
Result: THE DUI WAS DISMISSED.
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