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

OUR RECENT VICTORIES

Jun 28, 2023 Case: 22-CT-017275 Judge Taylor
Facts: The defendant was stopped for running a red light. The officer noticed an odor of alcohol, bloodshot eyes and he admitted to having drank and smoked pot earlier. According to the officer, he failed the field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The defendant performed much better on the field tests on tape than was written in the reports. After reviewing the case, the State agreed and Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001587 Judge Taylor
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, bloodshot eyes, slurred speech, a red face and fumbling fingers. He also stated he had drank a couple of drinks earlier in the day. After performing roadsides, he was arrested for DUI. He later blew a .131 and .129 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.
Jun 28, 2023 Case: 22-CT-011039 Judge Taylor
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, bloodshot eyes, and an unstable balance. She then performed various roadside tests such as the walk and turn, one leg stand, and HGN (eye test). She was then arrested for DUI. This was the defendant's Third DUI arrest.
Defense: The officer over exaggerated the defendant's level of impairment in his reports. The reports were contradicted by the video. The State Dropped the DUI. It should be noted that the firm also represented her on her last DUI and it was also Dropped.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 22-CT-013515 Judge Taylor
Facts: The defendant was stopped for failure to maintain a single lane and affecting the general flow of traffic. The officer noticed an odor of alcohol, a red face, slurred speech, watery/glassy eyes, and he was unsteady on his feet. The defendant only performed the HGN (eye test), refused all further roadside tests and was then arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was not unsteady. After several conversations with the prosecutor, the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 28, 2023 Case: 23-CT-001059 Judge Taylor
Facts: The defendant was stopped for speeding and tailgating. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. She also had difficulty dividing her attention. She then performed various field sobriety tests and was arrested for DUI. She later blew a .169 and .156 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.
Jun 27, 2023 Case: 23-CT-010613 Judge Musselman
Facts: The defendant was stopped for driving with her high beams on as well as weaving. The officer noticed an odor of alcohol, a disheveled appearance, and glassy eyes. Her speech was mumbled and she also swayed. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .120 and .117 in the breath machine.
Defense: After several conversations and negotiations with the State, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 27, 2023 Case: 23-CT-010613 Judge Musselman
Facts: The defendant was stopped for driving with her high beams on as well as weaving. The officer noticed an odor of alcohol, a disheveled appearance, and glassy eyes. Her speech was mumbled and she also swayed. After performing poorly on roadside tests, she was arrested for DUI. She later blew a .120 and .117 in the breath machine.
Defense: After several conversations and negotiations with the State, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 23, 2023 Case: 22-CT-013498 Judge Zuckerman
Facts: The defendant was stopped for having no tag lights. The officer noticed an odor of alcohol, bloodshot eyes, and he had a sway to his stance. He admitted to having drank two beers. He then performed various roadside tests such as HGN (eye test), walk and turn, one leg stand, and estimation of time. He was then arrested for DUI and later refused a breath test. This was the defendant's Second refusal to take a breath test and he was also charged with Second refusal.
Defense: On tape, the officer is heard on his radio and seen on his body worn camera calling for a tow truck prior to the defendant even competing the field sobriety tests. This was brought to the State's attention. In other words, he made up his mind without even giving the defendant a fair shot. The tow truck and even be seen arriving while he was finishing the estimation of time test. The State Dropped the DUI and dismissed the refusal charge.
Result: The State dropped the DUI.
Jun 23, 2023 Case: 22-CT-013498 Judge Zuckerman
Facts: The defendant was stopped for having no tag lights. The officer noticed an odor of alcohol, bloodshot eyes, and he had a sway to his stance. He admitted to having drank two beers. He then performed various roadside tests such as HGN (eye test), walk and turn, one leg stand, and estimation of time. He was then arrested for DUI and later refused a breath test. This was the defendant's Second refusal to take a breath test and he was also charged with Second refusal.
Defense: On tape, the officer is heard on his radio and seen on his body worn camera calling for a tow truck prior to the defendant even competing the field sobriety tests. This was brought to the State's attention. In other words, he made up his mind without even giving the defendant a fair shot. The tow truck and even be seen arriving while he was finishing the estimation of time test. The State Dropped the DUI and dismissed the refusal charge.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-004725 Judge Booras
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slightly slurred speech, and his eyes appeared tired and glassy. The defendant appeared unsteady, slightly swayed back and forth, and stated he drank a few beers. The defendant then performed various roadside tests and was arrested for DUI. He then blew a .098 and .097 in the breath machine.
Defense: In conversations with State, we pointed out that due to the .02 margin of error in the breath machine, it placed the defendant's breath alcohol results below 08.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-000617 Judge Grey
Facts: The defendant was stopped for leaving the roadway multiple times and almost hitting an electrical pole. The officer noticed an odor of alcohol, a red/flushed face, slurred/mumbled speech, and watery eyes. His movements were extremely slow and he fumbled while locating his items. The defendant admitted to having drank two beers and his coordination was clumsy. After performing poorly on the field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: Many observations written in the reports were over-exaggerated and contradicted by the officer's body worn camera. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-001310 Judge Farr
Facts: The defendant was the at fault driver in a rear end crash and then slid into a tree. Officers noticed the defendant to have an odor of alcohol, pinpoint pupils, and bloodshot eyes. He also had unsteady balance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was only off balance because he twisted his ankle during the crash. After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-000956 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one-way street. The officer noticed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank four glasses of wine and the officer also observed vomit on the driver's side door and on the floorboard of the car. After performing field sobriety tests, she was arrested for DUI. She later blew a .139 and .137 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.
Jun 22, 2023 Case: 23-CT-000617 Judge Grey
Facts: The defendant was stopped for leaving the roadway multiple times and almost hitting an electrical pole. The officer noticed an odor of alcohol, a red/flushed face, slurred/mumbled speech, and watery eyes. His movements were extremely slow and he fumbled while locating his items. The defendant admitted to having drank two beers and his coordination was clumsy. After performing poorly on the field sobriety tests, he was arrested for DUI. He later refused a breath test.
Defense: Many observations written in the reports were over-exaggerated and contradicted by the officer's body worn camera. The State agreed and Dropped the DUI.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-001310 Judge Farr
Facts: The defendant was the at fault driver in a rear end crash and then slid into a tree. Officers noticed the defendant to have an odor of alcohol, pinpoint pupils, and bloodshot eyes. He also had unsteady balance. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: When a defendant refuses to perform field sobriety tests, they must be warned of the adverse consequences. If not, the refusal will be excluded from evidence. Here, the officer never advised the defendant of any consequences. In addition, on tape, the defendant's speech was not slurred and he was only off balance because he twisted his ankle during the crash. After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 22, 2023 Case: 23-CT-000956 Judge Farr
Facts: The defendant was stopped for driving the wrong way down a one-way street. The officer noticed an odor alcohol, slurred speech, and bloodshot eyes. The defendant admitted to having drank four glasses of wine and the officer also observed vomit on the driver's side door and on the floorboard of the car. After performing field sobriety tests, she was arrested for DUI. She later blew a .139 and .137 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.
Jun 22, 2023 Case: 23-CT-004725 Judge Booras
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slightly slurred speech, and his eyes appeared tired and glassy. The defendant appeared unsteady, slightly swayed back and forth, and stated he drank a few beers. The defendant then performed various roadside tests and was arrested for DUI. He then blew a .098 and .097 in the breath machine.
Defense: In conversations with State, we pointed out that due to the .02 margin of error in the breath machine, it placed the defendant's breath alcohol results below 08.
Result: The State dropped the DUI.
Jun 21, 2023 Case: 23-CT-003680 Judge Moses-Stephens
Facts: The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, glassy eyes, and he admitted to having one drink. The defendant then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Many observations on the video contradicted the written reports. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 21, 2023 Case: 23-CT-017614 Judge Musselman
Facts: The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, slurred/fast speech, and droopy eyelids. The defendant admitted to having drank a Mike's Hard Lemonade and an open container of said alcohol was found in the car. He also admitted to taking his prescribed narcotic medicines in the morning and was very unsteady. He performed very poorly on roadside tests and was arrested for DUI. He later refused a breath and urine test.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 21, 2023 Case: 23-CT-003680 Judge Moses-Stephens
Facts: The defendant was stopped for running a red light and speeding. The officer observed an odor of alcohol, glassy eyes, and he admitted to having one drink. The defendant then performed various field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: Many observations on the video contradicted the written reports. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
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