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

OUR RECENT VICTORIES

May 19, 2023 Case: 22-CT-053369 Judge Silverman
Facts: The defendant tried to negotiate a curve too fast and lost control. He then crashed his car over a cement median divider and ended up in grass ditch line. His car damaged trees, as well as being destroying itself. When officers arrived, they noticed the defendant to have an odor of alcohol, stuttering speech, and bloodshot eyes. He had to lean against things for balance. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: After negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 16, 2023 Case: 22-MM-13105 Judge Szematowicz
Facts: The Coast Guard boarded the defendant's boat because he had no lights on after sunset. Officers observed an odor of alcohol, slurred speech, and water/bloodshot eyes. The defendant admitted to having drank earlier in the day and appeared unsteady. He then performed various field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for Boating Under the Influence (BUI) and later refused a breath test. This was the defendant's Second arrest for DUI/BUI.
Defense: There were no videos in the case as the U.S. Coast Guard has none. Their reports were very confusing to read and did not explain in great detail all their observations in a clear and concise manner. The State Agreed and Dropped the BUI.
Result: The State dropped the BUI.
May 16, 2023 Case: 22-MM-13105 Judge Szematowicz
Facts: The Coast Guard boarded the defendant's boat because he had no lights on after sunset. Officers observed an odor of alcohol, slurred speech, and water/bloodshot eyes. The defendant admitted to having drank earlier in the day and appeared unsteady. He then performed various field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for Boating Under the Influence (BUI) and later refused a breath test. This was the defendant's Second arrest for DUI/BUI.
Defense: There were no videos in the case as the U.S. Coast Guard has none. Their reports were very confusing to read and did not explain in great detail all their observations in a clear and concise manner. The State Agreed and Dropped the BUI.
Result: The State dropped the BUI.
May 11, 2023 Case: 22-CT-012492 Judge Rich
Facts: The defendant was stopped for speeding and straddling lane markers. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. His also exhibited slow and sluggish movements. After performing various roadside exercises such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .117 and .116 in the breath machine.
Defense: After negotiations with prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 11, 2023 Case: 22-CT-012492 Judge Rich
Facts: The defendant was stopped for speeding and straddling lane markers. The officer noticed an odor of alcohol, watery/bloodshot eyes, and slurred speech. His also exhibited slow and sluggish movements. After performing various roadside exercises such as the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later blew a .117 and .116 in the breath machine.
Defense: After negotiations with prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 9, 2023 Case: AFLPOXE Judge Croff
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and various mood swings. He swayed while he stood and also had glassy eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the prosecutor regarding the conflicts between the video tape and the written reports, the State Dropped the DUI.
Result: The State dropped the DUI.
May 9, 2023 Case: AFLPOXE Judge Croff
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and various mood swings. He swayed while he stood and also had glassy eyes. The defendant refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the prosecutor regarding the conflicts between the video tape and the written reports, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-013545 Judge Musselman
Facts: The defendant was stopped for a tag violation. Officers noticed an odor of alcohol, a flushed face, and she appeared unsteady. She also staggered, swayed, and stumbled. She then performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .226 and .218 in the breath machine.
Defense: After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-012434 Judge Atkin
Facts: The defendant was stopped for speeding and weaving all over the road. Officers noticed an odor of alcohol, water/glassy eyes, and mumbling speech. He also appeared slow and unsteady. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was charged with Enhanced DUI because his two children were in the car.
Defense: After several conversations with the prosecutor about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-012457 Judge Atkin
Facts: The defendant was stopped for having no lights on after dark, crossing over the turning lane, and maintaining a position halfway between the turn lane and a northbound lane. The officer noticed an odor of alcohol, bloodshot eyes, and his speech was slow and lethargic. He was unsteady on his feet once out of the car. He also staggered and moved slowly. He then performed various roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The defendant had difficulty with the physical tasks such as the walk and turn and one leg stand. However, he performed well on the non-physical exercises such as the count backwards (69-42) and the 30 second estimation of time. Also, on tape his speech was normal and he did not appear unsteady. After several conversations with the prosecutor about the conflicts in the video and written report evidence, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 22-CT-053876 Judge Atkin
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, red/glossy eyes, and he stated he had drank a couple of beers. His movements were clumsy and lethargic. The defendant performed the HGN (eye test) and the count backwards from 79 to 61. He refused to perform any other field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: There were many conflicts in the evidence. For example, on tape the defendant's speech seemed normal. He was responsive and coherent, and did not appear off balance or unsteady. After negotiations with the prosecutor, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-013545 Judge Musselman
Facts: The defendant was stopped for a tag violation. Officers noticed an odor of alcohol, a flushed face, and she appeared unsteady. She also staggered, swayed, and stumbled. She then performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later blew a .226 and .218 in the breath machine.
Defense: After conversations with the State about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-012434 Judge Atkin
Facts: The defendant was stopped for speeding and weaving all over the road. Officers noticed an odor of alcohol, water/glassy eyes, and mumbling speech. He also appeared slow and unsteady. He then performed various field sobriety tests and was arrested for DUI. He later refused a breath test. The defendant was charged with Enhanced DUI because his two children were in the car.
Defense: After several conversations with the prosecutor about the evidence and the defendant himself, the State Dropped the DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 22-CT-053876 Judge Atkin
Facts: The defendant was the at fault driver in a rear end crash. Officers noticed the defendant to have an odor of alcohol, red/glossy eyes, and he stated he had drank a couple of beers. His movements were clumsy and lethargic. The defendant performed the HGN (eye test) and the count backwards from 79 to 61. He refused to perform any other field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: There were many conflicts in the evidence. For example, on tape the defendant's speech seemed normal. He was responsive and coherent, and did not appear off balance or unsteady. After negotiations with the prosecutor, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
May 8, 2023 Case: 23-CT-012457 Judge Atkin
Facts: The defendant was stopped for having no lights on after dark, crossing over the turning lane, and maintaining a position halfway between the turn lane and a northbound lane. The officer noticed an odor of alcohol, bloodshot eyes, and his speech was slow and lethargic. He was unsteady on his feet once out of the car. He also staggered and moved slowly. He then performed various roadside tests and was arrested for DUI. He later refused a breath test. This was the defendant's Second DUI.
Defense: The defendant had difficulty with the physical tasks such as the walk and turn and one leg stand. However, he performed well on the non-physical exercises such as the count backwards (69-42) and the 30 second estimation of time. Also, on tape his speech was normal and he did not appear unsteady. After several conversations with the prosecutor about the conflicts in the video and written report evidence, the State Dropped the Defendant's Second DUI.
Result: The State dropped the DUI.
May 4, 2023 Case: 22-CT-016837 Judge Rich
Facts: The defendant was stopped for driving slower than other cars, swerving, and almost striking another car. Officers noticed an odor of alcohol, slurred speech, and glassy/watery eyes. The defendant stated she was coming from a Christmas party. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused to take a breath test.
Defense: On tape, her speech was not slurred and she was not off balance or unsteady. It was simply the officer asking if she would perform roadside tests and her saying no. There was a lack of probable cause to arrest her based on the video.
Result: The State dropped the DUI.
May 4, 2023 Case: 22-CT-016008 Judge Rich
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red/watery eyes, and her movements were slow and lethargic. Once out of the car, her balance was unsteady and she admitted to having drank Margaritas. After performing several roadside tests such as the HGN (eye test), walk and turn, and one leg stand, she was arrested for DUI. She later blew a .146 and .142 in the breath machine.
Defense: After several negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 4, 2023 Case: 22-CT-016837 Judge Rich
Facts: The defendant was stopped for driving slower than other cars, swerving, and almost striking another car. Officers noticed an odor of alcohol, slurred speech, and glassy/watery eyes. The defendant stated she was coming from a Christmas party. The defendant refused to perform field sobriety tests and was arrested for DUI. She later refused to take a breath test.
Defense: On tape, her speech was not slurred and she was not off balance or unsteady. It was simply the officer asking if she would perform roadside tests and her saying no. There was a lack of probable cause to arrest her based on the video.
Result: The State dropped the DUI.
May 4, 2023 Case: 22-CT-016008 Judge Rich
Facts: The defendant was stopped for speeding. The officer observed an odor of alcohol, red/watery eyes, and her movements were slow and lethargic. Once out of the car, her balance was unsteady and she admitted to having drank Margaritas. After performing several roadside tests such as the HGN (eye test), walk and turn, and one leg stand, she was arrested for DUI. She later blew a .146 and .142 in the breath machine.
Defense: After several negotiations with the prosecutor regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
May 1, 2023 Case: 22-CF-09338 Judge Siracusa
Facts: The defendant was the at fault driver in a crash whereby he made a turn and struck another car head on. When officers arrived, they noticed an odor of alcohol, the defendant admitted to having smoked pot in the morning, the defendant was unsteady on his feet, and he had bloodshot/glassy eyes. He then performed various roadside tests such as HGN (eye test), walk and turn, and the one leg stand. He was then arrested for DUI. Believing he was impaired by the marijuana, a urine test was requested. The defendant compiled and it came back from the lab positive for marijuana. The defendant was charged with Felony DUI due this being his Fourth offense.
Defense: There were numerous inconsistencies between the police reports and the video tape. The officer's reports exaggerated the defendant's level of impairment on the observations, as well as the field sobriety tests. In addition, there was no odor of marijuana or marijuana found. The officer, while doing HGN (eye test), noticed nystagmus in the defendant's eyes and other cues on HGN. However, if one is under the influence of marijuana, there should be no cues detected on HGN per the DRE manual (drug recognition expert). Thus, the officer was wrong. The State Dropped the defendant's Fourth Felony DUI.
Result: The State dropped the DUI.
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