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

OUR RECENT VICTORIES

Apr 13, 2011 Case: 10-021829MM10A Judge Gottleib
Facts: The defendant was the at fault driver in a traffic crash. The first officer made observations that were consistent with impairment from alcohol. A DUI task force deputy was called to the scene who observed an odor of alcohol, bloodshot watery eyes as well as slurred speech. In addition, the defendant seemed lethargic on video. The defendant performed the HGN (eye test), Walk and turn, as well as the finger to nose test. On The walk and turn test the defendant missed heel to toe, started to soon and took too many steps in both directions. On the finger to nose test the defendant missed the tip of his nose on 5 of the 6 attempts. He was arrested for DUI and refused to submit to a breath test.
Result: In a meeting with the Prosecutor, the State agreed to drop the DUI.
Apr 5, 2011 Case: 10-004349MM10A (JURY TRIAL) Judge Robinson
Facts: The defendant was passed out in his vehicle with the keys in the ignition and the engine running. There was a bottle of crown royal whiskey in the passenger seat. The officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant was asked to perform a series of field sobriety tests. On video the defendant performed the one leg stand, walk and turn, HGN (eye test) as well as the finger to nose test. The defendant failed each test. The defendant was arrested for DUI and asked to provide a breath test. He responded by saying "F no, I'm gonna beat you in court".
Result: The Jury found the defendant NOT GUILTY.
Apr 5, 2011 Case: 10-004349MM10A (JURY TRIAL) Judge Robinson
Facts: The defendant was passed out in his vehicle with the keys in the ignition and the engine running. There was a bottle of crown royal whiskey in the passenger seat. The officers observed a strong odor of alcohol, bloodshot eyes, slurred speech and a flushed face. The defendant was asked to perform a series of field sobriety tests. On video the defendant performed the one leg stand, walk and turn, HGN (eye test) as well as the finger to nose test. The defendant failed each test. The defendant was arrested for DUI and asked to provide a breath test. He responded by saying "F no, I'm gonna beat you in court".
Result: The Jury found the defendant NOT GUILTY.
Apr 4, 2011 Case: 3492-XEJ Judge Seraphin
Facts: The defendant was found passed out in his car by police in a parking lot. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant was confused, disoriented, and unsteady. On video, he performed very poorly on the field sobriety tests. He was then arrested for DUI.
Result: The State Dropped the DUI.
Apr 4, 2011 Case: CT-005917-XEC Judge Jeske
Facts: The defendant was stopped for having no headlights on. The officers observed an odor of alcohol, glassy eyes, and thick tongued speech. According to the officers, he performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Apr 4, 2011 Case: 3492-XEJ Judge Seraphin
Facts: The defendant was found passed out in his car by police in a parking lot. The officers observed an odor of alcohol, slurred speech, and a flushed face. The defendant was confused, disoriented, and unsteady. On video, he performed very poorly on the field sobriety tests. He was then arrested for DUI.
Result: The State Dropped the DUI.
Apr 4, 2011 Case: CT-005917-XEC Judge Jeske
Facts: The defendant was stopped for having no headlights on. The officers observed an odor of alcohol, glassy eyes, and thick tongued speech. According to the officers, he performed poorly on the field sobriety tests and was arrested for DUI. He then refused the breath test.
Result: The State Dropped the DUI.
Apr 1, 2011 Case: 10-CT-504136 Judge Gagliardi
Facts: The defendant was stopped for not having his license plate illuminated. The officer observed an odor of alcohol, slurred speech, and watery eyes. His movements were slow and he almost fell to the ground. According to the officer, he failed the roadside tests. For example, on the walk and turn, he missed heel to toe and stepped off the line. He was arrested for DUI and then blew .101 and .104 in the breath machine.
Result: Prior to trial, the State Dropped the DUI.
Apr 1, 2011 Case: 10-CT-504136 Judge Gagliardi
Facts: The defendant was stopped for not having his license plate illuminated. The officer observed an odor of alcohol, slurred speech, and watery eyes. His movements were slow and he almost fell to the ground. According to the officer, he failed the roadside tests. For example, on the walk and turn, he missed heel to toe and stepped off the line. He was arrested for DUI and then blew .101 and .104 in the breath machine.
Result: Prior to trial, the State Dropped the DUI.
Mar 30, 2011 Case: 2010-CT-016854-A-0 Judge Brewer
Facts: The defendant was stopped for weaving on the roadway in his ATV. The officer observed a flushed face, swaying, staggering, and watery eyes. The defendant was unable to stand so for safety reasons no roadsides were conducted. The officer arrested the defendant for DUI believing he was impaired by a chemical and/or controlled substance.
Result: The State Dismissed the DUI.
Mar 30, 2011 Case: 2011-CT-000064 (JURY TRIAL) Judge Epperson
Facts: The defendant was stopped for making a wide right turn, cutting across three lanes of traffic, and weaving for four to five miles. The officer who made the traffic stop observed an odor of alcohol, very slurred speech, and bloodshot eyes. He then called for a DUI Task Force Officer. That officer, who is also a Drug Recognition Expert, arrived and conducted a DUI investigation. He observed an odor of alcohol, swaying, and red/glossy eyes. The defendant performed roadsides which were video taped at the scene. According to the DUI Task Force Officer, he performed poorly and was arrested for DUI. After his arrest, he was on tape in the patrol car cursing and stating he wished the officers were dead. He then refused the breath test.
Result: The Jury found the defendant Not Guilty in five minutes.
Mar 30, 2011 Case: 2010-CT-016854-A-0 Judge Brewer
Facts: The defendant was stopped for weaving on the roadway in his ATV. The officer observed a flushed face, swaying, staggering, and watery eyes. The defendant was unable to stand so for safety reasons no roadsides were conducted. The officer arrested the defendant for DUI believing he was impaired by a chemical and/or controlled substance.
Result: The State Dismissed the DUI.
Mar 30, 2011 Case: 2011-CT-000064 (JURY TRIAL) Judge Epperson
Facts: The defendant was stopped for making a wide right turn, cutting across three lanes of traffic, and weaving for four to five miles. The officer who made the traffic stop observed an odor of alcohol, very slurred speech, and bloodshot eyes. He then called for a DUI Task Force Officer. That officer, who is also a Drug Recognition Expert, arrived and conducted a DUI investigation. He observed an odor of alcohol, swaying, and red/glossy eyes. The defendant performed roadsides which were video taped at the scene. According to the DUI Task Force Officer, he performed poorly and was arrested for DUI. After his arrest, he was on tape in the patrol car cursing and stating he wished the officers were dead. He then refused the breath test.
Result: The Jury found the defendant Not Guilty in five minutes.
Mar 25, 2011 Case: 2010-CT-028545AXX Judge Damico
Facts: The defendant was found by the police passed out in his car at a turn lane where the light was red. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had three to four beers. According to the officer's vague report, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Result: The State Dropped the DUI.
Mar 25, 2011 Case: 2010-CT-028545AXX Judge Damico
Facts: The defendant was found by the police passed out in his car at a turn lane where the light was red. The officer observed an odor of alcohol, slurred speech, and red eyes. The defendant stated he had three to four beers. According to the officer's vague report, he performed poorly on roadside tests and was arrested for DUI. He later refused the breath test.
Result: The State Dropped the DUI.
Mar 24, 2011 Case: 2010-MM-011073-A Judge Schott
Facts: The defendant was found by police with his car pressed up against a stop sign. The officer noticed an odor of alcohol, red eyes, and slurred speech. There was also beer in the car. At the scene, he performed poorly on roadside tests and was arrested for DUI. Back at the station, and after his arrest, he performed the roadsides again on video tape.
Result: The State Dropped the DUI.
Mar 24, 2011 Case: 10-000925MM10A Judge Fry
Facts: The defendant was stopped for driving at night without headlights. In addition, the vehicle was smoking heavily. The officer made some observations that are consistent with DUI and subsequently called for a DUI task force deputy. The deputy observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The deputy than had the defendant perform several field sobriety tests on video. The defendant was arrested for DUI and blew a .112 in the breath machine.
Result: The State dropped the DUI.
Mar 24, 2011 Case: 2010-MM-011073-A Judge Schott
Facts: The defendant was found by police with his car pressed up against a stop sign. The officer noticed an odor of alcohol, red eyes, and slurred speech. There was also beer in the car. At the scene, he performed poorly on roadside tests and was arrested for DUI. Back at the station, and after his arrest, he performed the roadsides again on video tape.
Result: The State Dropped the DUI.
Mar 24, 2011 Case: 10-000925MM10A Judge Fry
Facts: The defendant was stopped for driving at night without headlights. In addition, the vehicle was smoking heavily. The officer made some observations that are consistent with DUI and subsequently called for a DUI task force deputy. The deputy observed a strong odor of alcohol, bloodshot eyes as well as slurred speech. The deputy than had the defendant perform several field sobriety tests on video. The defendant was arrested for DUI and blew a .112 in the breath machine.
Result: The State dropped the DUI.
Mar 18, 2011 Case: 07-028028MM10A Judge Ross
Facts: The defendant was stopped for failing to yield while cutting off a police officer. The stopping officer observed a strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. The officer then called for a DUI task force deputy. After making the same observations the deputy had the defendant perform field sobriety tests. Subsequent to his performance, the defendant was arrested for DUI.
Result: The DUI was subsequently Dismissed.
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