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

OUR RECENT VICTORIES

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.
Jun 25, 2010 Case: 2010-CT-20874 Judge Atkin
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He admitted to having a couple of drinks. According to the officer, he performed poorly on the field sobriety tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn, he lost his balance and did not touch heel to toe. He was then arrested for DUI.
Result: The State Dropped the DUI.
Jun 25, 2010 Case: 2010-CT-20874 Judge Atkin
Facts: The defendant was stopped for speeding. The officer noticed the defendant to have an odor of alcohol, slurred speech, and glassy eyes. He admitted to having a couple of drinks. According to the officer, he performed poorly on the field sobriety tests. For example, on the one leg stand, he put his foot down numerous times. On the walk and turn, he lost his balance and did not touch heel to toe. He was then arrested for DUI.
Result: The State Dropped the DUI.
Jun 22, 2010 Case: 7496-GGW Judge Huey
Facts: The defendant was stopped for running a red light and straddling the lane markers. The officer noticed glassy eyes, fumbling with his documents, and difficulty with depth perception. He also noticed the defendant had unusual movements and was very animated. The defendant performed the roadside tests and according to the officer he failed everyone of them. He was arrested for DUI on the probable cause that he was impaired by a chemical and/or controlled substance.
Result: The State Dismissed the DUI.
Jun 22, 2010 Case: 7496-GGW Judge Huey
Facts: The defendant was stopped for running a red light and straddling the lane markers. The officer noticed glassy eyes, fumbling with his documents, and difficulty with depth perception. He also noticed the defendant had unusual movements and was very animated. The defendant performed the roadside tests and according to the officer he failed everyone of them. He was arrested for DUI on the probable cause that he was impaired by a chemical and/or controlled substance.
Result: The State Dismissed the DUI.
Jun 21, 2010 Case: 1402-XED Judge Ortiz
Facts: The defendant was the at fault driver in a rear end crash. The officer who arrived first observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance. He performed very poorly on the roadside tests. For example, on the one leg stand test, he put his foot down and swayed. On the walk and turn test, he stepped off the line, lost his balance, and did not touch heel to toe. He was arrested for DUI and then blew a .277 and .269 in the breath machine. This was the defendant's second DUI.
Result: The State Dropped the DUI.
Jun 21, 2010 Case: 1402-XED Judge Ortiz
Facts: The defendant was the at fault driver in a rear end crash. The officer who arrived first observed the defendant to have an odor of alcohol, slurred speech, bloodshot eyes, and he was off balance. He performed very poorly on the roadside tests. For example, on the one leg stand test, he put his foot down and swayed. On the walk and turn test, he stepped off the line, lost his balance, and did not touch heel to toe. He was arrested for DUI and then blew a .277 and .269 in the breath machine. This was the defendant's second DUI.
Result: The State Dropped the DUI.
Jun 15, 2010 Case: 08-026630MM10A Judge Murphy
Facts: The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall.
Result: The State dropped the DUI on the morning of trial.
Jun 15, 2010 Case: 08-026630MM10A Judge Murphy
Facts: The defendant was stopped for nearly crashing into a police officer who had his lights on. The officer observed an odor of alcohol, bloodshot eyes and slurred and stuttered speech. As she exited the vehicle the officer noticed that she was uneasy on her feet. She then slipped towards a gas pump, catching herself with the open door. She initially agreed to perform field sobriety tests but later refused. She was subsequently arrested for DUI. At the jail, she walked stagger stepped. At one point, she bounced off of the concrete wall.
Result: The State dropped the DUI on the morning of trial.
Jun 14, 2010 Case: 09-022623MM10A (JURY TRIAL) Judge Ireland
Facts: The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test.
Result: The Jury found the defendant NOT GUILTY.
Jun 14, 2010 Case: 5064-XDY (JURY TRIAL) Judge Ortiz
Facts: The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI.
Result: In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI.
Jun 14, 2010 Case: 09-022623MM10A (JURY TRIAL) Judge Ireland
Facts: The defendant was stopped for driving past a State Trooper at 90 plus miles per hour and cutting across three lanes of travel. The officer observed an odor of alcohol and bloodshot eyes. The defendant performed the roadside tests at the officer's request. For example, on the alphabet test, he only got to the letter "T" then messed up the rest of the letters letters. On the one leg stand, he hopped and put his foot down. He was then arrested for DUI. After his arrest, he refused the breath test.
Result: The Jury found the defendant NOT GUILTY.
Jun 14, 2010 Case: 5064-XDY (JURY TRIAL) Judge Ortiz
Facts: The defendant was stopped for running a red light. As he pulled over, he almost hit a parked car. The officer who stopped him, observed an odor of alcohol, heavy slurred speech, a dazed look, and what appeared to be a urine stain on his pants. He then called for a DUI unit. The DUI officer made similar observations. The defendant was asked to submit to roadside tests and he complied. According to the officer, he failed them all. For example, on the walk and turn, he stepped off the line and took the wrong number of steps. On the one leg stand, he put his foot down and swayed. Finally, on the finger to nose test, he never removed his finger from his nose each time or touched the tip of his nose. He was then arrested for DUI.
Result: In the middle of his jury trial testimony, due to his lack of credibility, the State dismissed the DUI.
Jun 12, 2010 Case: 48-2009-CT-000771-E Judge Allen
Facts: The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine.
Result: On the morning of trial, the DUI was Dismissed.
Jun 12, 2010 Case: 48-2009-CT-006663-O Judge Shoemaker
Facts: The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test.
Result: On the morning of trial, the DUI was Dismissed.
Jun 12, 2010 Case: 09-003338MM10A Judge Seidman
Facts: The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI.
Result: The State dropped the DUI on the morning of trial.
Jun 12, 2010 Case: 48-2009-CT-000771-E Judge Allen
Facts: The defendant was stopped for making an illegal U-turn. The officer observed an odor of alcohol, slow speech, and red eyes. According to the officer, her performed poorly on the roadside tests, which were not video taped, and was arrested for DUI. After his arrest, he blew a .190 and .189 in the breath machine.
Result: On the morning of trial, the DUI was Dismissed.
Jun 12, 2010 Case: 48-2009-CT-006663-O Judge Shoemaker
Facts: The defendant was stopped for no tag lights. The officer observed an odor of alcohol, slurred speech, and bloodshot eyes. According to the officer, he performed poorly on roadside tests which were not taped. He was then arrested for DUI and refused the breath test.
Result: On the morning of trial, the DUI was Dismissed.
Jun 12, 2010 Case: 09-003338MM10A Judge Seidman
Facts: The defendant was stopped for weaving on the roadway. The officer who stopped the defendant observed a strong odor of alcohol and bloodshot eyes. The defendant admitted to drinking a few beers. Subsequently, an officer with a video camera was called to the scene. The DUI officer made the same observations and requested field sobriety tests. The defendant refused to perform any tests and was arrested for DUI.
Result: The State dropped the DUI on the morning of trial.
Jun 7, 2010 Case: CT-005923-XEC Judge Huey
Facts: The defendant was found by the police passed out in his car. The officer observed an odor of alcohol, slurred/thick tongued speech, and he swayed as he stood. After performing the roadsides very poorly on video tape, he was arrested for DUI. He then refused the breath test. This was the defendant's Second DUI.
Result: The State Dropped the DUI.
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