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

OUR RECENT VICTORIES

Oct 2, 2011 Case: 10-CM-015864 Judge Conrad
Facts: The defendant was stopped for driving down a one way street in the wrong direction. The officer observed an odor of alcohol, bloodshot eyes, and a sway to his stance. The defendant performed the HGN (eye test) at the request of the officer. He also performed the walk and turn, one leg stand, and finger to nose. For example, on the one leg stand, he swayed. On the walk and turn, he took an incorrect number of steps, did an improper turn, and missed heel to toe. On the finger to nose, he did not use the tip of his finger and failed to remove his finger from his nose several times. He was placed under arrest for DUI. After his arrest, the police found marijuana and a smoking pipe in the car. He was also charged with possession of marijuana and drug paraphernalia.
Result: The DUI was Dropped and the drug charges were Dismissed.
Oct 1, 2011 Case: 8071-XEE Judge Schwartz
Facts: The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
Result: On the day of trial, the DUI was dismissed based on the Statute of Limitations.
Oct 1, 2011 Case: 3210-XEJ Judge Newman
Facts: The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
Result: On the day of trial and prior to arguing the motion, the State Dropped the DUI.
Oct 1, 2011 Case: 7815-XEJ Judge Gayles
Facts: The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
Result: On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.
Oct 1, 2011 Case: CT-000301-XEH Judge Lefler
Facts: The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Result: Prior to trial, the State Dropped the DUI.
Oct 1, 2011 Case: 8071-XEE Judge Schwartz
Facts: The defendant was stopped for continuously swerving. The officer observed an odor of alcohol, mumbled speech, and watery eyes. The defendant admitted to drinking wine. After performing only the HGN (eye test), he was arrested for DUI. This was the defendant's second DUI.
Result: On the day of trial, the DUI was dismissed based on the Statute of Limitations.
Oct 1, 2011 Case: 3210-XEJ Judge Newman
Facts: The defendant was stopped after almost colliding with a police car. The officer observed an odor of alcohol, thick tongued speech, watery eyes, and unsteadiness. According to the officer, he performed poorly on the roadside tests which were video taped. He was arrested for DUI and subsequently refused the breath test.
Result: On the day of trial and prior to arguing the motion, the State Dropped the DUI.
Oct 1, 2011 Case: 7815-XEJ Judge Gayles
Facts: The defendant was stopped for running a red light and weaving. The officer observed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. The officer also found marijuana in the car. The defendant was arrested for DUI and possession of marijuana.
Result: On the morning of trial, the DUI and Possession charge were dismissed for a violation of the Statute of Limitations.
Oct 1, 2011 Case: CT-000301-XEH Judge Lefler
Facts: The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol and bloodshot eyes. The defendant was also slow to respond to police emergency equipment. The defendant refused the roadside tests on video tape and after his arrest for DUI refused the breath test. This was the defendant's second DUI.
Result: Prior to trial, the State Dropped the DUI.
Sep 28, 2011 Case: CT-004244-XEP Judge Dominguez
Facts: The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
Result: The State Dropped the DUI.
Sep 28, 2011 Case: CT-004244-XEP Judge Dominguez
Facts: The defendant was stopped for making an illegal left turn. The officer observed an odor of alcohol, slurred speech, and he moved slowly. The defendant stumbled as he stepped from the car. He failed the field sobriety tests according to the officer which were video taped. After his arrest for DUI, he blew a .156 and .162.
Result: The State Dropped the DUI.
Sep 19, 2011 Case: 4522-XDY Judge Seraphin
Facts: The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Result: Just before jury selection, the State Dropped the DUI.
Sep 19, 2011 Case: 2011-CT-019871AXXX Judge Evans
Facts: The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
Result: The DUI was Dismissed.
Sep 19, 2011 Case: 4522-XDY Judge Seraphin
Facts: The defendant was stopped for speeding and failing to stop at a red light while turning. The officer observed an odor of alcohol, slurred speech, and watery eyes. According to the officer, he performed poorly on the roadside tests. For example, on the walk and turn test, he took and incorrect number of steps, used his arms for balance, and stepped off the line. On the finger to nose test, he missed the tip of his nose and used the wrong hand. He was arrested for DUI and then refused the breath test.
Result: Just before jury selection, the State Dropped the DUI.
Sep 19, 2011 Case: 2011-CT-019871AXXX Judge Evans
Facts: The defendant was found by police passed out in the driver's seat of his car in a parking lot. Officers subsequently noticed an odor of alcohol, watery eyes, and a flushed face. He performed poorly on roadside tasks and was arrested for DUI. After his arrest, he blew a .186 and .173 in the breath machine.
Result: The DUI was Dismissed.
Sep 15, 2011 Case: CT-005157-XEP Judge Greco
Facts: The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
Result: The State Dropped the DUI.
Sep 15, 2011 Case: CT-005157-XEP Judge Greco
Facts: The defendant was stopped for driving into oncoming traffic. The officer observed an odor of alcohol and bloodshot eyes. He also had on two bar wrist bands. According to the officer, he failed the video taped field sobriety tests and was arrested for DUI. After his arrest, he blew a .154 and .149 in the breath machine.
Result: The State Dropped the DUI.
Sep 14, 2011 Case: CT-002590-XEJ Judge Mcneil
Facts: The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
Result: The State Dropped the DUI.
Sep 14, 2011 Case: CT-002590-XEJ Judge Mcneil
Facts: The defendant was found by police passed out at an intersection. The officers observed an odor of alcohol, slurred speech, and bloodshot eyes. He performed poorly on the roadside tests according to the officers which were not video taped. He was arrested for DUI. After his arrest, he blew a .186 and .183 in the breath machine.
Result: The State Dropped the DUI.
Sep 12, 2011 Case: 09-025733MM10A Judge Murphy
Facts: The defendant was stopped for speeding. The officer approached the car on video and observed an odor of alcohol, bloodshot eyes and slurred speech. The defendant stated he had not been drinking. The officer performed the HGN test (eye test) with the defendant still seated in the vehicle. The officer then asked the defendant about taking drugs to which he responded that he had taken muscle relaxers. The defendant was asked to exit the car and perform field sobriety tests. After performing the tests on video he was arrested for DUI. This was the defendant's 2nd DUI.
Result: The Court Granted the Motion to Dismiss.
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