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

OUR RECENT VICTORIES

Dec 10, 2009 Case: CT-000327-XCM Judge Lefler
Facts: The defendant was stopped by the police after witnesses called the police that the defendant was driving all over the road and almost crashing into traffic. An officer spotted the defendant and observed the defendant weaving and almost striking a concrete barrier. He then made a traffic stop. The officer, as well as the DUI unit called to the scene, observed an odor of alcohol, slurred speech, and bloodshot eyes. The DUI unit performed the HGN (eye test) and observed an angle of onset prior to 45 degrees and a lack of smooth pursuit in the defendant's eyes. He refused to perform any other exercises and was arrested for DUI. After his arrest, he tried to blow in the breath machine and give breath samples but the machine would not register valid/reliable samples. The police called it a refusal.
Result: The State Dropped the DUI.
Dec 6, 2009 Case: 2008-CT-029970AXX Judge Bonavita
Facts: The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused.
Result: The State Dropped the DUI.
Dec 6, 2009 Case: 2008-CT-029970AXX Judge Bonavita
Facts: The defendant was stopped for swerving and nearly striking another car. The officer noticed an odor of alcohol, bloodshot eyes, and slow/slurred speech. The defendant stated she could not do the roadside tests due to a foot injury. The officer stated in his reports that he never observed any problems with her. He arrested her for DUI and took her to the hospital to get checked out as a pre-cautionary measure. There, he asked for her a blood test and she refused.
Result: The State Dropped the DUI.
Dec 2, 2009 Case: 08-002892-CTMA Judge Tinlin
Facts: The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine.
Result: The State dropped the DUI.
Dec 2, 2009 Case: 08-002892-CTMA Judge Tinlin
Facts: The defendant was stopped for having no tag light. The officer noticed an odor of alcohol, slurred speech, and bloodshot/watery eyes. The defendant performed roadside tests at the request of the officer. For example, on the one leg stand exercise, he put his foot down and swayed. On the walk and turn test, he stepped off he line, did not touch heel to toe, and took the incorrect number of steps. There was no video tape at the scene. After his arrest for DUI, he blew a .084 and .086 in the breath machine.
Result: The State dropped the DUI.
Dec 1, 2009 Case: 2008CT023772AXXMA Judge Shore
Facts: The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI.
Result: The State dropped the DUI.
Dec 1, 2009 Case: 6025-XDX Judge Bloom
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine.
Result: The DUI was dismissed.
Dec 1, 2009 Case: 9154-XEC Judge Bloom
Facts: The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine.
Result: Just prior the motion hearing, the State dropped the DUI.
Dec 1, 2009 Case: 04-6164MM10A Judge Diaz
Facts: The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine.
Result: On the morning of trial, the State dropped the DUI.
Dec 1, 2009 Case: 2008CT023772AXXMA Judge Shore
Facts: The defendant was stopped for speeding and slamming on his brakes for no reason. The officer observed an odor of alcohol and bloodshot eyes. The defendant stated he had few drinks. A glass of rum was found in the car. The defendant performed the field sobriety tests at the request of the officer which were all captured on video tape. For example, on the walk and turn test, he missed heel to toe and stopped walking to regain his balance. On the one leg stand, the defendant swayed and hopped throughout the exercise. After his arrest for DUI, he blew a .093 and .093 in the breath machine. This was the defendant's second DUI.
Result: The State dropped the DUI.
Dec 1, 2009 Case: 6025-XDX Judge Bloom
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, slurred speech, and watery eyes. The defendant performed field sobriety tests at the request of the officer. For example, on the one leg stand test, the officer alleged in his reports that the defendant never raised his foot off the ground for the entire thirty seconds. On the walk and turn exercise, he did not touch heel to toe and walked backwards on the way back. After his arrest for DUI, he blew a .119 in the breath machine.
Result: The DUI was dismissed.
Dec 1, 2009 Case: 9154-XEC Judge Bloom
Facts: The defendant was stopped for driving on two flat tires. Once stopped, the officer observed an odor of alcohol, slurred/mumbled speech, and bloodshot eyes. The defendant staggered as he stepped out of the car. Due to the defendant's level of intoxication, only one roadside was attempted which he failed. After being arrested for DUI, the defendant blew a .232 in the breath machine.
Result: Just prior the motion hearing, the State dropped the DUI.
Dec 1, 2009 Case: 04-6164MM10A Judge Diaz
Facts: The defendant was involved in a crash. Several officers arrived on scene and observed a strong odor of alcohol on the defendant's breath. The officers the approached the witnesses to the accident who then identified the defendant as the driver in the accident. The officers then spoke with the defendant and noticed slurred speech as well as bloodshot eyes. The defendant was asked to perform several field sobriety tests. On the one leg stand test, the defendant dropped his leg and almost fell over. The officer then conducted the HGN (eye test). The officer observed a jerking of the eyes that would indicate that the defendant had been drinking to excess. The defendant was arrested for DUI and blew a .181 in the breath machine.
Result: On the morning of trial, the State dropped the DUI.
Nov 30, 2009 Case: 4398-FGR Judge Seraphin
Facts: The defendant was stopped for driving west bound in the east bound lane. The defendant had bloodshot eyes and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, she put her foot down four times. On the finger to nose, she missed the tip of her nose, used the wrong hand, and did not remove her finger. She was arrested on the belief she was impaired by a chemical or controlled substance.
Result: The State Dropped the DUI.
Nov 30, 2009 Case: 09-CT-000026AXXXMA Judge Tanner
Facts: The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine.
Result: The State Dropped the DUI prior to the motions being heard.
Nov 30, 2009 Case: 2009-CT-003826 Judge Epperson
Facts: The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine.
Result: The State agreed with the motions and Dropped the DUI.
Nov 30, 2009 Case: 4398-FGR Judge Seraphin
Facts: The defendant was stopped for driving west bound in the east bound lane. The defendant had bloodshot eyes and a flushed face. The defendant performed the roadside tests at the request of the officer. For example, on the one leg stand, she put her foot down four times. On the finger to nose, she missed the tip of her nose, used the wrong hand, and did not remove her finger. She was arrested on the belief she was impaired by a chemical or controlled substance.
Result: The State Dropped the DUI.
Nov 30, 2009 Case: 09-CT-000026AXXXMA Judge Tanner
Facts: The defendant was involved in a rear end crash. After the crash, he left the scene and was found by police almost two hours later laying in the grass. The officers observed an odor of alcohol, slurred speech, and was unsteady on his feet. He admitted to being involved in the crash, fleeing the scene, being impaired, and drinking a bottle of alcohol. He failed all the roadside tests and was arrested for DUI. After his arrest, he blew a .183 and .187 in the breath machine.
Result: The State Dropped the DUI prior to the motions being heard.
Nov 30, 2009 Case: 2009-CT-003826 Judge Epperson
Facts: The defendant was involved in a one car traffic crash. When the police arrived, he was outside of the car. He admitted being involved in the crash. The officers observed the defendant to have an odor of alcohol, stumbling, slurred speech, and bloodshot eyes. The defendant performed very poorly on the roadside tests and was arrested for DUI. After his arrest, he blew a .214 and .208 in the breath machine.
Result: The State agreed with the motions and Dropped the DUI.
Nov 18, 2009 Case: CT-003142-FTB Judge Dominguez
Facts: The defendant was stopped for failing to maintain a single lane (ie. driving up on a curb) and driving at a high rate of speed. The officer observed an odor of alcohol, confused speech, and watery eyes. The defendant performed poorly on the roadside tests and was arrested for DUI. The officer concluded the defendant was impaired by a chemical or controlled substance, not alcohol. He was then arrested for DUI.
Result: The DUI was Dismissed.
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