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

OUR RECENT VICTORIES

Aug 28, 2023 Case: 23-CT-500928 Judge Gill
Facts: The defendant was stopped for speeding, making unsafe lane changes, and failing to stop at a red light. The officer observed an odor of alcohol, slurred speech, and a carefree attitude. His eyes were bloodshot and watery, and there was vomit inside the car. The defendant did not listen to various commands given by the officer. He was then asked to perform various field sobriety tests to which he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: There was no video in the case. After pointing out several inconsistencies in the reports to the prosecutor, the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Aug 28, 2023 Case: 23-CT-500928 Judge Gill
Facts: The defendant was stopped for speeding, making unsafe lane changes, and failing to stop at a red light. The officer observed an odor of alcohol, slurred speech, and a carefree attitude. His eyes were bloodshot and watery, and there was vomit inside the car. The defendant did not listen to various commands given by the officer. He was then asked to perform various field sobriety tests to which he refused. He was then arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: There was no video in the case. After pointing out several inconsistencies in the reports to the prosecutor, the State Dismissed the defendant's Second DUI.
Result: The DUI was dismissed.
Aug 28, 2023 Case: 23-CT-001200 Judge Krause
Facts: The defendant was stopped for speeding on his motorcycle. The officer noticed an odor of alcohol, bloodshot/dilated eyes, and he stumbled. He exhibited slurred/drawn speech, appeared sluggish, and showed various mood swings. He refused to perform roadside tests and was arrested for DUI. He later refused the breath test.
Defense: When a defendant refuses roadside tests, an officer must advise of the adverse consequences if one refuses (i.e. Taylor warnings). If they do not, the refusal will be excluded from evidence. Here, the officer did not follow the law and gave no adverse consequences. In addition, on tape, the defendant's speech was not slurred and he did not appear off balance.
Result: The State dropped the DUI.
Aug 25, 2023 Case: AGR41NE Judge Komninos
Facts: officer located the car at a gas pump. The officer went up to the car and saw the defendant sitting in the driver's seat. The officers noticed an odor of alcohol, slurred speech, and a flushed face. Her clothes were soiled, she staggered, and was unsteady. She stated she had consumed two mixed drinks. She refused to performed field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: When the officer approached the defendant, her keys were in her lap and the engine was off. Issues were raised by the firm whether or not the State could prove she was in actual physical control. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2023 Case: AGP07KE Judge Komninos
Facts: The defendant was stopped after he was observed drifting from side to side over the lane dividers several times. He also cut off another car which caused that car to brake and he also drove over the raised concrete median. Officers observed an odor of alcohol, he had slow/lethargic movements, and his eyes were bloodshot and watery. The defendant stated he had drank gin and was he was unsteady and swayed. A bottle of vodka was found in the car as well. He performed poorly on roadside tests and was arrested for DUI. He later blew a .132 and .130 in the breath machine.
Defense: After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2023 Case: AGR41NE Judge Komninos
Facts: officer located the car at a gas pump. The officer went up to the car and saw the defendant sitting in the driver's seat. The officers noticed an odor of alcohol, slurred speech, and a flushed face. Her clothes were soiled, she staggered, and was unsteady. She stated she had consumed two mixed drinks. She refused to performed field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: When the officer approached the defendant, her keys were in her lap and the engine was off. Issues were raised by the firm whether or not the State could prove she was in actual physical control. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Aug 25, 2023 Case: AGP07KE Judge Komninos
Facts: The defendant was stopped after he was observed drifting from side to side over the lane dividers several times. He also cut off another car which caused that car to brake and he also drove over the raised concrete median. Officers observed an odor of alcohol, he had slow/lethargic movements, and his eyes were bloodshot and watery. The defendant stated he had drank gin and was he was unsteady and swayed. A bottle of vodka was found in the car as well. He performed poorly on roadside tests and was arrested for DUI. He later blew a .132 and .130 in the breath machine.
Defense: After several conversations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 23, 2023 Case: 23-CT-005113 Judge Taylor
Facts: The defendant was found passed out in his car. The officer noticed an odor of alcohol, slurred/mumbled speech, unsteadiness, and he admitted to having drank 4 to 5 shots of whiskey. He was completely disoriented as well. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .137 and .134 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.
Aug 23, 2023 Case: 23-CT-007154 Judge Taylor
Facts: The defendant was stopped for running a red light, weaving within his lane, and driving over the line markers several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He then performed several roadside tests and was arrested for DUI. He later refused a breath test.
Defense: Many observations that the officer made were contradicted by the video tape. After several conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 23, 2023 Case: 21-005980MU10A Judge Lerner-Wren
Facts: The defendant was involved in a crash with a police officer on the interstate. The defendant stated that he failed to slow down and subsequently collided with the marked police cruiser. A DUI investigating officer arrived on scene and observed an odor of alcohol, bloodshot eyes and constricted pupils. The defendant was read his Miranda warnings and changed his story several times. He performed the HGN (eye test), walk and turn test, as well as the one leg stand on video. However, because of the nature of the crash and position of the vehicles, it was difficult to see the details of the defendant's performance. The defendant was arrested for DUI and subsequently refused a breath test. The defendant had another DUI pending when this arrest occurred.
Defense: Because the video was unclear regarding the defendant's performance on the field sobriety tests, Parks & Braxton filed a motion to depose the officers involved. On separate occasions the arresting officer failed to appear. Parks & Braxton filed a motion for rule to show cause requiring the officer to come into court and explain why he failed to appear. Counsel filed a motion to exclude the arresting officer as a witness in the case. The motion was granted. All of the officer's observations including the roadside exercises and refusal to submit to a breath test were excluded from court.
Result: The DUI was dismissed.
Aug 23, 2023 Case: 21-005980MU10A Judge Lerner-Wren
Facts: The defendant was involved in a crash with a police officer on the interstate. The defendant stated that he failed to slow down and subsequently collided with the marked police cruiser. A DUI investigating officer arrived on scene and observed an odor of alcohol, bloodshot eyes and constricted pupils. The defendant was read his Miranda warnings and changed his story several times. He performed the HGN (eye test), walk and turn test, as well as the one leg stand on video. However, because of the nature of the crash and position of the vehicles, it was difficult to see the details of the defendant's performance. The defendant was arrested for DUI and subsequently refused a breath test. The defendant had another DUI pending when this arrest occurred.
Defense: Because the video was unclear regarding the defendant's performance on the field sobriety tests, Parks & Braxton filed a motion to depose the officers involved. On separate occasions the arresting officer failed to appear. Parks & Braxton filed a motion for rule to show cause requiring the officer to come into court and explain why he failed to appear. Counsel filed a motion to exclude the arresting officer as a witness in the case. The motion was granted. All of the officer's observations including the roadside exercises and refusal to submit to a breath test were excluded from court.
Result: The DUI was dismissed.
Aug 23, 2023 Case: 23-CT-005113 Judge Taylor
Facts: The defendant was found passed out in his car. The officer noticed an odor of alcohol, slurred/mumbled speech, unsteadiness, and he admitted to having drank 4 to 5 shots of whiskey. He was completely disoriented as well. He then performed poorly on roadside tests and was arrested for DUI. He later blew a .137 and .134 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.
Aug 23, 2023 Case: 23-CT-007154 Judge Taylor
Facts: The defendant was stopped for running a red light, weaving within his lane, and driving over the line markers several times. The officer noticed an odor of alcohol, glassy eyes, and slurred speech. He then performed several roadside tests and was arrested for DUI. He later refused a breath test.
Defense: Many observations that the officer made were contradicted by the video tape. After several conversations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 22, 2023 Case: 23-CT-000907 Judge Culver
Facts: The defendant was stopped after he was observed driving westbound in the eastbound lanes. He also hopped a grass median. Upon contact, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, appeared disoriented, was repeating himself, and was argumentative. After refusing to perform roadside tests, he 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.
Aug 22, 2023 Case: 23-CT-000907 Judge Culver
Facts: The defendant was stopped after he was observed driving westbound in the eastbound lanes. He also hopped a grass median. Upon contact, the officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, appeared disoriented, was repeating himself, and was argumentative. After refusing to perform roadside tests, he 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.
Aug 11, 2023 Case: 23-CT-025252 Judge Silverman
Facts: The defendant was stopped for drifting over the center dotted lines, driving on the fog line, and drifting side to side continuously. The officer conducted a traffic stop and noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was repeating herself. She then performed various roadside tests. For example, on the one leg stand, she put her foot down 3 times and raised her arms for balance. On the walk and turn, she stepped off the line, raised her arms for balance, and took an incorrect number of steps. She was arrested for DUI and later refused a breath test.
Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 11, 2023 Case: 23-CT-025252 Judge Silverman
Facts: The defendant was stopped for drifting over the center dotted lines, driving on the fog line, and drifting side to side continuously. The officer conducted a traffic stop and noticed an odor of alcohol, bloodshot eyes, slurred speech, and she was repeating herself. She then performed various roadside tests. For example, on the one leg stand, she put her foot down 3 times and raised her arms for balance. On the walk and turn, she stepped off the line, raised her arms for balance, and took an incorrect number of steps. She was arrested for DUI and later refused a breath test.
Defense: After several negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Aug 10, 2023 Case: AGR42XE Judge Lawhorne
Facts: The defendant was stopped for speeding. He was going 93 mph in a 50 mph zone. The officer noticed an odor of alcohol, a slight slur to his speech, and he struggled to divide his attention. He appeared unsteady, staggered, and swayed. He then performed various roadside tests and was arrested for DUI. He later blew a .092 and .091 in the breath machine.
Defense: On tape, the defendant did not slur words, was not unsteady or off balance, and never staggered. In addition, due to a .02 margin of error, the firm was also able to take the defendant's breath results below the legal limit of .08.
Result: The State dropped the DUI.
Aug 10, 2023 Case: 23-CT-002556 Judge Rich
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he was unsteady. The defendant refused to perform field sobriety tests and was arrested for DUI. It should be noted that he attempted to blow but only provided one invalid sample of a .237. It was called a refusal because he was not blowing properly in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Aug 10, 2023 Case: 23-CT-002556 Judge Rich
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and he was unsteady. The defendant refused to perform field sobriety tests and was arrested for DUI. It should be noted that he attempted to blow but only provided one invalid sample of a .237. It was called a refusal because he was not blowing properly in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Offices Located Throughout the State of Florida