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

OUR RECENT VICTORIES

Feb 7, 2024 Case: AGR46XE (23-07384MM) Judge Vaccaro
Facts: Police were called to a bar because the defendant was allegedly causing a disturbance and needed to be trespassed. When the officer arrived, he came into contact with the defendant as she was seated in her truck with the engine running. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She appeared unsteady, swayed, and she was very irate. She agreed to perform only the HGN (eye test) and then refused to perform any further roadside tests. She was then arrested for DUI and later refused a breath test. After her arrest, she was cursing and swearing at the officer the entire ride to the jail. She was also charged with disorderly conduct.
Defense: The firm announced ready for trial. On video and prior to her arrest on tape, she was not swaying, nor did she appear unsteady. In addition, her speech was not slurred. In fact, she appeared totally responsive and coherent. It was apparent on tape that the officer was getting frustrated and arrested her simply because she didn't want to perform roadside tests. She was very angry and cursing in the back of the patrol car because she felt she was being wrongly accused. On the day of trial, the State Dropped the DUI and dismissed the disorderly charge.
Result: The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-009398 Judge Conrad
Facts: The defendant was stopped for speeding, cutting off another car, and crossing over the fog line markers. The officer observed an odor of alcohol, bloodshot eyes, and a bar bracelet on his wrist. He also had slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-015894 Judge Gutman
Facts: The defendant was stopped for driving on a rim without a front tire. The officer noticed an odor alcohol, slurred speech, and watery/glassy eyes. She also appeared unsteady on her feet and admitted to having consumed two drinks. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense: After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs.
Result: The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-009398 Judge Conrad
Facts: The defendant was stopped for speeding, cutting off another car, and crossing over the fog line markers. The officer observed an odor of alcohol, bloodshot eyes, and a bar bracelet on his wrist. He also had slurred speech. He refused to perform any roadside tests and was arrested for DUI. He later refused the breath test. This was the defendant's Second DUI.
Defense: Many written observations in the police reports were contradicted by the video. After conversations with the State regarding the evidence and the defendant, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
Feb 6, 2024 Case: 23-CT-015894 Judge Gutman
Facts: The defendant was stopped for driving on a rim without a front tire. The officer noticed an odor alcohol, slurred speech, and watery/glassy eyes. She also appeared unsteady on her feet and admitted to having consumed two drinks. After refusing to perform field sobriety tests, she was arrested for DUI. She later refused a breath test.
Defense: After pointing out a lack of probable cause to arrest her based on the video tape evidence, the State Dropped the DUI and the defendant received no penalties other than court costs.
Result: The State dropped the DUI.
Feb 1, 2024 Case: 23-CT-015821 Judge Booras
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, slurred speech, and she admitted to consuming beer and whiskey. She swayed while standing. She performed various field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense: After reviewing the DUI video, many observations written in the police reports were contradicted by the video tape.
Result: The State dropped the DUI.
Feb 1, 2024 Case: 23-CT-015821 Judge Booras
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, slurred speech, and she admitted to consuming beer and whiskey. She swayed while standing. She performed various field sobriety tests and was arrested for DUI. The defendant later refused a breath test.
Defense: After reviewing the DUI video, many observations written in the police reports were contradicted by the video tape.
Result: The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-009564 Judge Gutman
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. She also had bracelets on her wrist from a bar. She then performed various field sobriety tests such as the one leg stand, walk and turn, and HGN (eye test). She was then arrested for DUI and later refused a breath test.
Defense: On tape, the defendant performed very well on the field sobriety tests and we pointed out that there was a lack of probable cause to arrest her.
Result: The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-014900 Judge Gutman
Facts: The defendant was stopped for weaving and following too closely. The officer noticed an odor of alcohol, watery eyes, unstable balance, slurred speech, and he leaned against the car for balance. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-014900 Judge Gutman
Facts: The defendant was stopped for weaving and following too closely. The officer noticed an odor of alcohol, watery eyes, unstable balance, slurred speech, and he leaned against the car for balance. He performed poorly on the videotaped roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 30, 2024 Case: 23-CT-009564 Judge Gutman
Facts: The defendant was stopped for running a stop sign. The officer noticed an odor of alcohol, glassy eyes, and she admitted to having drank alcohol. She also had bracelets on her wrist from a bar. She then performed various field sobriety tests such as the one leg stand, walk and turn, and HGN (eye test). She was then arrested for DUI and later refused a breath test.
Defense: On tape, the defendant performed very well on the field sobriety tests and we pointed out that there was a lack of probable cause to arrest her.
Result: The State dropped the DUI.
Jan 26, 2024 Case: 23-CT-013903 Judge Zuckerman
Facts: The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test.
Defense: After several conversations with the prosecutor and their supervisor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 26, 2024 Case: 23-CT-013903 Judge Zuckerman
Facts: The defendant was stopped for speeding. It was later determined that she had an expired driver's license. The officer noticed an odor of alcohol, bloodshot/watery eyes, and she admitted to having one drink. She then performed the HGN (eyes test), walk and turn, one leg stand, finger to nose, and the estimation of 30 seconds. She was then arrested for DUI and later refused a breath test.
Defense: After several conversations with the prosecutor and their supervisor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 25, 2024 Case: 23-CT-015790 Judge Bristow
Facts: The defendant was stopped for driving very slowly and weaving. The officer noticed an odor of alcohol, slow/slurred speech, and glossy eyes. The defendant had a sway to his stance, a flushed face, and he admitted to having drank four beers. He performed very poorly on the videotaped field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After speaking with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 25, 2024 Case: 23-CT-015790 Judge Bristow
Facts: The defendant was stopped for driving very slowly and weaving. The officer noticed an odor of alcohol, slow/slurred speech, and glossy eyes. The defendant had a sway to his stance, a flushed face, and he admitted to having drank four beers. He performed very poorly on the videotaped field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After speaking with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-002542 Judge Woolsey
Facts: The defendant was stopped for weaving. She was drifting from left to right and riding on the fog line. The officer noticed an odor of alcohol, extremely thick tongued speech, and the defendant stated she had been drinking alcohol. She then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-016994 Judge Damico
Facts: The defendant was stopped by police for speeding. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. After performing field sobriety tests, she was arrested for DUI. She later blew a .094 and .096 in the breath machine.
Defense: Due to the .02 margin of error in the breath machine, the firm was able to place both breath results below the legal limit.
Result: The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-010270 Judge Conrad
Facts: The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-010270 Judge Conrad
Facts: The defendant was stopped for weaving all over the road and speeding. Other cars were honking at him because of the driving pattern. The officer noticed an odor of alcohol, bloodshot/watery eyes, and he had lethargic movements. An open alcoholic container was found in the driver's cup holder. He then performed numerous roadside tasks such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jan 23, 2024 Case: 23-CT-002542 Judge Woolsey
Facts: The defendant was stopped for weaving. She was drifting from left to right and riding on the fog line. The officer noticed an odor of alcohol, extremely thick tongued speech, and the defendant stated she had been drinking alcohol. She then performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
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