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

OUR RECENT VICTORIES

Apr 23, 2008 Case: 06-022389MM10A Judge Gehl
Facts: The defendant was stopped for driving with an obscured tag. The officer observed an odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The stopping officer then called for a DUI task force officer. The Task Force officer observed unsteadiness as well. The defendant performed the HGN test (eye test), and refused to perform any further testing. He was subsequently arrested for DUI. This was the defendant's 4th DUI.
Result: The State dropped the DUI.
Apr 15, 2008 Case: 07-CT-7907 Judge Epperson
Facts: The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident.
Result: On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge.
Apr 15, 2008 Case: 386338-W (JURY TRIAL) Judge Fernandez
Facts: The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 15, 2008 Case: 07-CT-7907 Judge Epperson
Facts: The defendant hit a parked car and then left the scene of the accident. A civilian witness saw the crash, however, he could not identify who was driving the car. When the officer arrived, the defendant and his passenger were changing a tire on the car. The officer spoke with the defendant and he admitted to being the driver. The officer then noticed the defendant had an odor of alcohol, slurred speech, swaying, and bloodshot eyes. He performed very poorly on roadside tests and was arrested for DUI. After his arrest, he blew a .110 in the breath machine. The defendant was also charged with leaving the scene of an accident.
Result: On the day of the motion hearing, THE STATE DROPPED THE DUI and he also received NO conviction on the leaving the scene of an accident charge.
Apr 15, 2008 Case: 386338-W (JURY TRIAL) Judge Fernandez
Facts: The defendant was stopped for improper lane change and weaving. The officer noticed and odor of alcohol, slurred speech, and bloodshot eyes. The defendant performed poorly on all five roadside tasks according to the officer. He then refused the breath test after his arrest for DUI.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY.
Apr 14, 2008 Case: 5398-XDI Judge Arzola
Facts: The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI.
Result: THE DUI WAS DISMISSED.
Apr 14, 2008 Case: 5398-XDI Judge Arzola
Facts: The defendant was involved in a traffic crash where she hit a concrete wall. The officer who arrived on the scene first, observed an odor of alcohol, swaying, and slurred speech. The defendant performed poorly on the roadside tests and then blew a .224 in the breath machine after her arrest for DUI.
Result: THE DUI WAS DISMISSED.
Apr 9, 2008 Case: 2008-CT-001848 Judge Scaglione
Facts: The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine.
Result: PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI.
Apr 9, 2008 Case: 2008-CT-001848 Judge Scaglione
Facts: The defendant was involved in a rear end collision. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and she had difficulty following instructions. She performed very poorly on the roadside tests and was arrested for DUI. After her arrest, she blew .226 in the breath machine.
Result: PRIOR TO THE MOTION TO SUPPRESS, THE STATE DROPPED THE DUI.
Apr 6, 2008 Case: 06-002941MM10A Judge Lazarus
Facts: The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI.
Result: The State dropped the DUI.
Apr 6, 2008 Case: 06-002941MM10A Judge Lazarus
Facts: The defendant was stopped for driving with an obscured tag. The deputy observed an odor of alcohol, flushed face and bloodshot eyes. The defendant admitted to drinking citron vodka and soda. As the defendant exited his vehicle, he grabbed the door for balance. He then performed 3 field sobriety tests. On the HGN test (eye test), the defendant exhibited the onset of nystagmus prior to 45 degrees. On the finger to nose, the defendant missed the tip of his nose on every attempt. On the walk and turn test he was unable to walk a straight line heel touching toe. The defendant was arrested for DUI.
Result: The State dropped the DUI.
Apr 2, 2008 Case: 359805-X Judge Newman
Facts: The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI.
Result: The State dropped the DUI on the morning of trial.
Apr 2, 2008 Case: 07-016156MM10A Judge Seidman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test.
Result: Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI.
Apr 2, 2008 Case: 07-016156MM10A Judge Seidman
Facts: The defendant was stopped for driving without headlights. The officer observed an odor of alcohol, bloodshot eyes, unsteadiness, and mumbled speech. He refused both the field sobriety tests and the breath test.
Result: Prior to the motion ever being heard by the Court, THE STATE DROPPED THE DUI.
Apr 2, 2008 Case: 359805-X Judge Newman
Facts: The defendant was observed by the officer weaving on the roadway. The officer put his lights and siren on but the defendant still didn't pull over. After cutting across 3 lanes, the defendant finally stopped. The officer approached the car and smelled a strong odor of alcohol. He then noticed watery eyes and a flushed face. His speech was mumbled as he spoke. He performed the walk and turn test, finger to nose and one leg stand test. He was subsequently arrested for DUI.
Result: The State dropped the DUI on the morning of trial.
Mar 31, 2008 Case: 2710-XDP Judge Lindsey
Facts: The defendant was stopped for speeding and weaving. It took more than one officer to get the defendant stopped as he was not responding to lights, sirens and a P.A. system. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to coming from a party and drinking. He could not do any roadside tasks due to his highly intoxicated condition.
Result: On the morning of jury trial, the STATE DROPPED THE DUI.
Mar 31, 2008 Case: 2710-XDP Judge Lindsey
Facts: The defendant was stopped for speeding and weaving. It took more than one officer to get the defendant stopped as he was not responding to lights, sirens and a P.A. system. The officer noticed an odor of alcohol, slurred speech, and bloodshot eyes. The defendant admitted to coming from a party and drinking. He could not do any roadside tasks due to his highly intoxicated condition.
Result: On the morning of jury trial, the STATE DROPPED THE DUI.
Mar 27, 2008 Case: 06-008818MM10A (JURY TRIAL) Judge Cowart
Facts: The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES.
Mar 27, 2008 Case: 06-008818MM10A (JURY TRIAL) Judge Cowart
Facts: The defendant was passed out in a motor vehicle with the keys in the ignition and the engine running. The officer observed vomit all over the defendant's shirt and throughout the interior of the car. After speaking with the defendant, the officer noticed a strong odor of alcohol and bloodshot eyes. On video, the defendant's speech was incoherent and he failed each field sobriety test. The defendant was subsequently arrested for DUI. THIS WAS THE DEFENDANT'S SECOND DUI WITHIN SIX MONTHS.
Result: THE JURY FOUND THE DEFENDANT NOT GUILTY IN FOURTEEN MINUTES.
Mar 26, 2008 Case: 06-020679MM10A Judge Robinson
Facts: The defendant was stopped for driving 95mph in a 65mph zone. The trooper detected a very strong odor of alcohol, watery eyes, and slurred speech. She was wearing 2 wristbands indicating the clubs she had attended. The trooper asked her to perform field sobriety tests. She responded by saying she did not want to do them because she could not pass them. She was arrested for DUI.
Result: The motion was granted and the case was Dismissed.
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