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

OUR RECENT VICTORIES

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.
Jul 30, 2010 Case: 10-CT-501754 Judge Hayward
Facts: The defendant was involved in a traffic crash in which he side swiped another car. The officer who arrived on scene, noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he drank and had taken vicoden. The defendant failed the roadside tests. For example, on the walk and turn test, he stumbled and took an incorrect number of steps. On the one leg stand test, he swayed and was hopping. He was arrested for DUI and refused the breath test.
Result: The State Dropped the DUI.
Jul 30, 2010 Case: 10-CT-501754 Judge Hayward
Facts: The defendant was involved in a traffic crash in which he side swiped another car. The officer who arrived on scene, noticed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and unsteadiness. The defendant stated he drank and had taken vicoden. The defendant failed the roadside tests. For example, on the walk and turn test, he stumbled and took an incorrect number of steps. On the one leg stand test, he swayed and was hopping. He was arrested for DUI and refused the breath test.
Result: The State Dropped the DUI.
Jul 27, 2010 Case: 5878-XDY (JURY TRIAL) Judge Newman
Facts: The defendant was stopped for speeding.(85 mph in a 55 mph zone). The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer. he performed poorly on roadside tests. For example, on the one leg stand test, he put his foot down four times. On the finger to nose, he used the wrong hand and missed the tip of his nose. Furthermore, on the estimation of time test, he estimated 15 seconds for 30 seconds. He was then arrested for DUI. After his arrest, he blew a .095 and .094 in the breath machine.
Result: The Jury found the defendant Not Guilty.
Jul 27, 2010 Case: 5878-XDY (JURY TRIAL) Judge Newman
Facts: The defendant was stopped for speeding.(85 mph in a 55 mph zone). The officer observed an odor of alcohol, slurred speech, bloodshot eyes, and a flushed face. According to the officer. he performed poorly on roadside tests. For example, on the one leg stand test, he put his foot down four times. On the finger to nose, he used the wrong hand and missed the tip of his nose. Furthermore, on the estimation of time test, he estimated 15 seconds for 30 seconds. He was then arrested for DUI. After his arrest, he blew a .095 and .094 in the breath machine.
Result: The Jury found the defendant Not Guilty.
Jul 26, 2010 Case: 4092-XDK Judge Schwartz
Facts: The defendant was stopped for failing to maintain a single lane and striking a curb. The defendant had an odor of alcohol, slurred speech, and vomit all over herself. She almost fell while outside the car. No roadside tests were conducted due to safety concerns for the defendant. The defendant admitted to feeling the effects of the alcohol and being impaired. She was arrested for DUI and blew a .134 and .127. in the breath machine.
Result: The State Dropped the DUI on the morning of trial.
Jul 26, 2010 Case: 4092-XDK Judge Schwartz
Facts: The defendant was stopped for failing to maintain a single lane and striking a curb. The defendant had an odor of alcohol, slurred speech, and vomit all over herself. She almost fell while outside the car. No roadside tests were conducted due to safety concerns for the defendant. The defendant admitted to feeling the effects of the alcohol and being impaired. She was arrested for DUI and blew a .134 and .127. in the breath machine.
Result: The State Dropped the DUI on the morning of trial.
Jul 16, 2010 Case: 2010-CT-5513AXXX Judge Evans
Facts: The defendant was stopped during a DUI saturation. The officer who made the stop observed the defendant weaving all over the roadway. The officer observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer arrived and observed the same DUI observations plus slurred speech and short abrupt sentences. He then had the defendant perform roadsides on video tape. According to the officer, he failed and was arrested for DUI. For example, the officer wrote that defendant messed up the alphabet, counted wrong on the one leg stand, and did the finger to nose wrong. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Jul 16, 2010 Case: 2010-CT-5513AXXX Judge Evans
Facts: The defendant was stopped during a DUI saturation. The officer who made the stop observed the defendant weaving all over the roadway. The officer observed an odor of alcohol and bloodshot eyes. He then called for a DUI unit. That officer arrived and observed the same DUI observations plus slurred speech and short abrupt sentences. He then had the defendant perform roadsides on video tape. According to the officer, he failed and was arrested for DUI. For example, the officer wrote that defendant messed up the alphabet, counted wrong on the one leg stand, and did the finger to nose wrong. After his arrest, he refused the breath test.
Result: The State Dropped the DUI.
Jul 15, 2010 Case: CT-007568-XEF Judge Lefler
Facts: The defendant was stopped for driving the wrong way down a one way street towards a police officer. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. He also had a wrist band on from a bar. According to the officer, he failed the field sobriety tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Jul 15, 2010 Case: CT-007568-XEF Judge Lefler
Facts: The defendant was stopped for driving the wrong way down a one way street towards a police officer. The officer noticed an odor of alcohol, slurred speech, unsteadiness, and bloodshot eyes. He also had a wrist band on from a bar. According to the officer, he failed the field sobriety tests which were video taped. After his arrest for DUI, he blew a .126 and .124 in the breath machine.
Result: The State Dropped the DUI.
Jul 14, 2010 Case: 10-000675MM10A Judge Lazarus
Facts: The defendant was originally seen weaving in and out of heavy traffic. The officer observed him driving in a serpentine manner causing several vehicles to brake. The defendant was pulled over for an improper lane change. The officer initially observed a strong odor of alcohol as well as bloodshot eyes. The defendant was unsteady upon exiting the car and subsequently urinated on himself. Upon walking to the back of the car the defendant appeared to be wobbling. After a brief attempt to perform field sobriety tests at the scene it was determined that for his safety they would be discontinued. He was arrested for DUI. At the police station, and on video, the defendant did perform the finger to nose, walk and turn as well as the stand and balance exercise. On video he looked and sounded visibly intoxicated. This was the defendant's 3rd DUI.
Result: The motion was granted. All of the evidence was excluded. The State dropped the DUI.
Jul 14, 2010 Case: 10-000675MM10A Judge Lazarus
Facts: The defendant was originally seen weaving in and out of heavy traffic. The officer observed him driving in a serpentine manner causing several vehicles to brake. The defendant was pulled over for an improper lane change. The officer initially observed a strong odor of alcohol as well as bloodshot eyes. The defendant was unsteady upon exiting the car and subsequently urinated on himself. Upon walking to the back of the car the defendant appeared to be wobbling. After a brief attempt to perform field sobriety tests at the scene it was determined that for his safety they would be discontinued. He was arrested for DUI. At the police station, and on video, the defendant did perform the finger to nose, walk and turn as well as the stand and balance exercise. On video he looked and sounded visibly intoxicated. This was the defendant's 3rd DUI.
Result: The motion was granted. All of the evidence was excluded. The State dropped the DUI.
Jul 12, 2010 Case: CT-008452-XCF Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine.
Result: The State Dropped the DUI.
Jul 12, 2010 Case: 09-013874MM10A Judge Cowart
Facts: The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI.
Result: The State dropped the DUI.
Jul 12, 2010 Case: CT-008452-XCF Judge Conrad
Facts: The defendant was stopped for speeding and weaving. The officer observed an odor of alcohol, red eyes, and slurred speech. According to the officer, he performed poorly on the field sobriety tests was arrested for DUI. He then blew a .162 and .156 in the breath machine.
Result: The State Dropped the DUI.
Jul 12, 2010 Case: 09-013874MM10A Judge Cowart
Facts: The defendant was stopped for driving out of control and almost colliding with other cars on the road. The officer walked up to the driver and observed a strong odor of alcohol and red glassy eyes. The defendant agreed to perform field sobriety tests. On the walk and turn test, the defendant allegedly failed to follow instructions and was extremely unsteady on his feet. On the one leg stand, the defendant dropped his foot several times. He was subsequently arrested for DUI.
Result: The State dropped the DUI.
Jun 30, 2010 Case: 2009-CT-0065242AMB Judge Bonavita
Facts: The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she failed the roadside tests which were video taped. For example, on the walk and turn, she did not touch heel to toe and did not count aloud. On the finger to nose, she missed the tip of her nose. After her arrest for DUI, she blew a .119 and .115 in the breath machine.
Result: The State Dropped the DUI.
Jun 30, 2010 Case: 2009-CT-0065242AMB Judge Bonavita
Facts: The defendant was stopped for driving with no headlights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, she failed the roadside tests which were video taped. For example, on the walk and turn, she did not touch heel to toe and did not count aloud. On the finger to nose, she missed the tip of her nose. After her arrest for DUI, she blew a .119 and .115 in the breath machine.
Result: The State Dropped the DUI.
Jun 28, 2010 Case: 488341-X Judge Seraphin
Facts: The defendant was stopped for speeding. The officers noticed an odor of alcohol, bloodshot eyes, and slurred speech. They also observed empty beer bottles in the car. She performed poorly on the roadside tests. For example, on the walk and turn, she stepped off the line, paused to regain her balance, and raised her arms for balance. On the one leg stand, she put her foot down and swayed. She was arrested for DUI and blew a .129 and .125 in the breath machine.
Result: The State Dismissed the DUI on the morning of trial.
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