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

OUR RECENT VICTORIES

Dec 12, 2023 Case: 23-CT-006817 Judge Rich
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs.
Result: The State dropped the DUI.
Dec 12, 2023 Case: 23-CT-007813 Judge Rich
Facts: The defendant was stopped for drifting within his lane, fluctuating speeds, following too closely, and rapidly changing lanes. The officer noticed an odor of alcohol, red/watery eyes, and fumbling fingers. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: Many of the observations written in the police reports were contradicted by the video tape. The firm had conversations with the prosecutor and they Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Dec 12, 2023 Case: 23-CT-006817 Judge Rich
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech and watery/glassy eyes. He also had fumbling fingers and used his hands to climb out of the car. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The firm pointed out to the State, that on video, the defendant's normal faculties were not impaired. His speech was not slurred and he performed excellently on the roadside tests. The State agreed and Dropped the DUI. The defendant received no criminal conviction and no further penalties other than court costs.
Result: The State dropped the DUI.
Dec 11, 2023 Case: 23-CT-013882 Judge Damico
Facts: The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal.
Defense: After conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 11, 2023 Case: 23-CT-013524 Judge Damico
Facts: The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently arrested for DUI and 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.
Dec 11, 2023 Case: 23-CT-013882 Judge Damico
Facts: The defendant was stopped for speeding. He was pace clocked by the officer at 125 mph in a 70 mph zone. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. He stated that he had consumed one beer. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He performed poorly and was arrested for DUI. He later attempted to blow into the breath machine, but kept stopping and then blowing so the police could not get two valid samples. Since he would not blow properly as instructed, it was marked as a refusal.
Defense: After conversations with the State about the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 11, 2023 Case: 23-CT-013524 Judge Damico
Facts: The defendant was found parked with her car halfway into a lane of travel and the other half on a shoulder. When an officer approached, he noticed an odor of alcohol and she stated she had drank "two beers." She also had slow/slurred speech, a flushed face, and she kept repeating the same statements. She then performed various field sobriety tests such as the walk and turn, one leg stand, finger to nose, and estimation of 30 seconds. She was subsequently arrested for DUI and 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.
Dec 7, 2023 Case: 23-MM-043998 Judge Atkin
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI.
Defense: The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-039341 Judge Silverman
Facts: The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances).
Defense: The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-032722 Judge T. Brown
Facts: The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine.
Defense: When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-044028 Judge Silverman
Facts: The defendant was found by police unconscious in his car with the car in drive and his foot on the brake. Officers attempted to awake the defendant and even had to break the window. They noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He then performed various field sobriety 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.
Dec 7, 2023 Case: 23-CT-035729 Judge T. Brown
Facts: The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-MM-043998 Judge Atkin
Facts: The defendant was the at fault driver in a rear end crash. When officers arrived, they didn't smell any alcohol, but noticed her reactions were slow and deliberate and her voice was low and raspy. The defendant stated she takes Adderall (a CNS stimulant). Believing she was under the influence of drugs, she was asked to perform field sobriety tests such as HGN/VGN (eye test, walk and turn, and a one leg stand. She refused to submit to a urine sample, but agreed to submit to a DRE (drug recognition evaluation). The defendant was subsequently arrested for DUI.
Defense: The firm has a copy of the police DRE manual. We compared many of the observations made by the initial arresting officer as well as the DRE officer to the manual. They observed many things which were inconsistent with someone who is under the influence of a CNS stimulant (i.e., Adderall). In fact, many observations were consistent with someone who is under the influence of a CNS depressant which would have the exact opposite effect. After conversations the State, they Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-039341 Judge Silverman
Facts: The defendant was stopped for having an empty license plate space on the rear of the vehicle and crossing over into the solid white bike lane. The officer observed an odor of alcohol, glassy eyes, and an open Corona beer was found in the cup holder. After performing various field sobriety tests, he was arrested for DUI. He blew under the legal limit in the breath machine so the officer requested a urine test. The defendant complied and the FDLE lab report showed positive results for amphetamines, benzos, and marijuana (all controlled substances).
Defense: The defendant did not make any statements about taking any drugs. The State could not prove that he was under the influence of those drugs at the time of the incident as they could have previously been in his system. The State Dropped the DUI and he received no criminal conviction.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-044028 Judge Silverman
Facts: The defendant was found by police unconscious in his car with the car in drive and his foot on the brake. Officers attempted to awake the defendant and even had to break the window. They noticed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. He then performed various field sobriety 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.
Dec 7, 2023 Case: 23-CT-035729 Judge T. Brown
Facts: The defendant was the at fault driver after crashing into several large barricades. When officers stopped the defendant, they noticed an odor of alcohol, bloodshot eyes, and slurred/incoherent speech. He also had a flushed face, admitted to having drank four beers, and a sway while standing and walking. He performed poorly on field sobriety tests and was arrested for DUI. He later blew a .156 and .140 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Dec 7, 2023 Case: 23-CT-032722 Judge T. Brown
Facts: The defendant crashed his truck into a wooded area. When officers arrived on scene, they noticed an odor of alcohol, slurred speech, and he swayed. The defendant refused to perform field sobriety tests and was arrested for DUI. He later blew a .132 and .131 in the breath machine.
Defense: When officers arrived, the defendant was seen walking down the road. Upon contact with the defendant, he denied being the driver. Officers then spoke to a witness to the crash, but he couldn't identify the defendant as the actual driver. The State had a problem placing the defendant as the driver.
Result: The State dropped the DUI.
Dec 6, 2023 Case: 23-CT-006812 Judge Taylor
Facts: The defendant was stopped for driving with an inoperable tag light. The officer noticed an odor of alcohol and bloodshot/watery eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense: There was no reasonable suspicion of a crime (i.e., evidence of impairment) to even lawfully justify requesting field sobriety tests. In addition, there was no probable cause to even arrest him because he performed the roadside tests almost perfectly on tape. The State Dropped the DUI and the defendant received no penalties other than court costs.
Result: The State dropped the DUI.
Dec 6, 2023 Case: 23-CT-008203 Judge Taylor
Facts: The defendant was stopped for driving with no lights and almost striking another vehicle. The officer noticed an odor of alcohol, she admitted to having drank whiskey, had watery eyes, and slurred speech. She then performed poorly on the field sobriety tests such as the one leg stand and walk and turn. She was arrested for DUI and 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.
Dec 6, 2023 Case: 23-CT-006812 Judge Taylor
Facts: The defendant was stopped for driving with an inoperable tag light. The officer noticed an odor of alcohol and bloodshot/watery eyes. The defendant then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense: There was no reasonable suspicion of a crime (i.e., evidence of impairment) to even lawfully justify requesting field sobriety tests. In addition, there was no probable cause to even arrest him because he performed the roadside tests almost perfectly on tape. The State Dropped the DUI and the defendant received no penalties other than court costs.
Result: The State dropped the DUI.
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