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

OUR RECENT VICTORIES

Aug 17, 2010 Case: 2010-CT-005878AXXX Judge Arias
Facts: The defendant was seen speeding through a security gate by a civilian. The defendant then stopped, the police were called, and contact was made by the police who detained the defendant. The officer noticed an odor of alcohol, several beer cans in the car, and watery eyes. The defendant swayed as he stood and admitted to drinking 4-5 beers. According to the officer, he performed poorly on the roadside tests and was arrested for DUI.
Result: The State Dropped the DUI.
Aug 12, 2010 Case: 48-2010-CT-004936-0 Judge Shoemaker
Facts: The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine.
Result: The State Dropped the DUI.
Aug 12, 2010 Case: 48-2010-CT-002118-0 Judge Allen
Facts: The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139.
Result: On the morning of jury trial, the State Dropped the DUI.
Aug 12, 2010 Case: 48-2010-CT-004936-0 Judge Shoemaker
Facts: The defendant was stopped for swerving. The officer observed an odor of alcohol, red eyes, and slurred speech. The defendant told the officer he was swerving because he was sleepy. The defendant swayed and used the car for support. No roadside tests were conducted due to the the defendant's back problems. He was arrested for DUI and blew a .145 and .131 in the breath machine.
Result: The State Dropped the DUI.
Aug 12, 2010 Case: 48-2010-CT-002118-0 Judge Allen
Facts: The defendant was allegedly involved in a crash. When police arrived, she had already been transported to the hospital. When the officer arrived at the hospital, he observed the defendant to have an odor of alcohol and bloodshot eyes. She then submitted to a blood test. The results were a .140 and .139.
Result: On the morning of jury trial, the State Dropped the DUI.
Aug 11, 2010 Case: 08-9249MM10A Judge Lerner-Wren
Facts: The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer.
Result: The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI.
Aug 11, 2010 Case: 09-2083MM10A Judge Lerner-Wren
Facts: The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer.
Result: The Judge granted the motion and threw out the breath test. The State dropped the DUI.
Aug 11, 2010 Case: 08-027331MM10A Judge Lerner-Wren
Facts: The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer.
Result: The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI.
Aug 11, 2010 Case: 08-9249MM10A Judge Lerner-Wren
Facts: The defendant was involved in a single car crash. The first officer on scene observed an odor of alcohol and bloodshot eyes. The defendant made statements about drinking as well as admitting to being the driver in the accident. The DUI task force arrived and performed several field sobriety tests. The defendant performed poorly on each of the tests on video and was arrested for DUI. He subsequently blew a .198 and a .193 in the intoxilyzer.
Result: The statements made by the defendant were inadmissible in violation of Miranda. Also, the breath results were excluded. The State subsequently dropped the DUI.
Aug 11, 2010 Case: 09-2083MM10A Judge Lerner-Wren
Facts: The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer.
Result: The Judge granted the motion and threw out the breath test. The State dropped the DUI.
Aug 11, 2010 Case: 08-027331MM10A Judge Lerner-Wren
Facts: The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer.
Result: The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI.
Aug 10, 2010 Case: 08-MM-2690-A-K Judge Fowler
Facts: The defendant was the at fault driver in a three car rear end accident. The officers noticed the defendant to have an odor of alcohol, slurred speech, and droopy eyes. The defendant was taken to the hospital where his blood was taken at the direction of the police due to his inability to take a breath test. The blood results were a .199 and .197. The defendant was charged with DUI Causing Property and/or Injury to Another.
Result: The State Dropped the DUI.
Aug 10, 2010 Case: 08-MM-2690-A-K Judge Fowler
Facts: The defendant was the at fault driver in a three car rear end accident. The officers noticed the defendant to have an odor of alcohol, slurred speech, and droopy eyes. The defendant was taken to the hospital where his blood was taken at the direction of the police due to his inability to take a breath test. The blood results were a .199 and .197. The defendant was charged with DUI Causing Property and/or Injury to Another.
Result: The State Dropped the DUI.
Aug 9, 2010 Case: 2010-CT-009161-AXXX Judge Healey
Facts: While the defendant was stopped at a red light, an unknown civilian told the police officer the defendant had just hit a curb. The officer then walked up to her car and tapped on the passenger side window and ordered her to roll the window down. He then observed an odor of alcohol, bloodshot eyes, and slurred/mumbled speech. The officer claimed she performed poorly on the field sobriety tests and arrested her for DUI. After her arrest, she refused the breath test.
Result: The DUI was Dismissed.
Aug 9, 2010 Case: 2010-CT-009161-AXXX Judge Healey
Facts: While the defendant was stopped at a red light, an unknown civilian told the police officer the defendant had just hit a curb. The officer then walked up to her car and tapped on the passenger side window and ordered her to roll the window down. He then observed an odor of alcohol, bloodshot eyes, and slurred/mumbled speech. The officer claimed she performed poorly on the field sobriety tests and arrested her for DUI. After her arrest, she refused the breath test.
Result: The DUI was Dismissed.
Aug 7, 2010 Case: 2010-CT-016928AXXX Judge Johnson
Facts: The defendant was found by the police passed out in a disabled car which had run out of gas. The keys were found under the driver's right leg. The defendant had an odor of alcohol and mumbled speech. The defendant performed poorly on roadside tests and was arrested for DUI. The officer believed he was impaired by a controlled substance due to the defendant's statements he had taken Xanax. He asked for a urine test but the defendant could not proved one during the requisite time period so they called it a refusal.
Result: The DUI was Dismissed.
Aug 7, 2010 Case: 2010-CT-016928AXXX Judge Johnson
Facts: The defendant was found by the police passed out in a disabled car which had run out of gas. The keys were found under the driver's right leg. The defendant had an odor of alcohol and mumbled speech. The defendant performed poorly on roadside tests and was arrested for DUI. The officer believed he was impaired by a controlled substance due to the defendant's statements he had taken Xanax. He asked for a urine test but the defendant could not proved one during the requisite time period so they called it a refusal.
Result: The DUI was Dismissed.
Aug 3, 2010 Case: 376913-W Judge Fernandez
Facts: The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine.
Result: The State Dropped the DUI.
Aug 3, 2010 Case: 376913-W Judge Fernandez
Facts: The defendant was found sleeping in is car by the police on the side of the road. He was ordered out of his car and the officers noticed an odor of alcohol, vomit on his shirt, and mumbled speech. The defendant refused to do the roadside tests. After his arrest for DUI, he blew a .188 in the breath machine.
Result: The State Dropped the DUI.
Aug 2, 2010 Case: 8110-XEE Judge Seff
Facts: The defendant was stopped for driving with no headlights. The officer noticed an odor of alcohol, slurred speech, and had poor balance exiting the car. All of the field sobriety exercises were discontinued due to the defendant being completely off balance. After her arrest for DUI, she blew a .181 in the breath machine.
Result: The State Dropped the DUI.
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