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

OUR RECENT VICTORIES

Nov 28, 2023 Case: 23-CT-007818 Judge Conrad
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, the defendant was sweating profusely, and had watery/glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense: The officer made the defendant out to be a falling down drunk. The video contradicted all the reports. His performance on the field sobriety tests was much better on video than written.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009914 Judge Conrad
Facts: The defendant was stopped for running two stop signs and drifting around a corner at high speeds. The officer noticed an odor of alcohol, an unsteady stance, slurred speech, and glassy eyes. She admitted to having drank four (4) Hennessy and Cokes. She performed poorly on roadside tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
Defense: After conversations with the prosecutor regarding the case and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-001523CTAXWS Judge Grey
Facts: Officers found the defendant sitting in her car with the engine running while parked in a center grass median. Officers observed an odor of alcohol, bloodshot eyes, and she stated she had way too much to drink. When asked how much alcohol she had consumed, she stated, a lot. Her speech was mumbled/slurred, her face was pale, and she was sleepy and lethargic. She refused to perform field sobriety tests and was arrested for DUI. She later refused a breath test.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009434 Judge Gutman
Facts: The defendant was stopped for speeding, running a red light, and drifting back and forth in his lane. The officer noticed an odor of alcohol, slurred speech, a blank/dazed stare, and poor balance. He had slow/lethargic movements and he admitted to having drank a few beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .173 and .176 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-007818 Judge Conrad
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, the defendant was sweating profusely, and had watery/glassy eyes. After performing the HGN (eye test), walk and turn, and one leg stand, he was arrested for DUI. He later refused a breath test.
Defense: The officer made the defendant out to be a falling down drunk. The video contradicted all the reports. His performance on the field sobriety tests was much better on video than written.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-008239 Judge Farr
Facts: The defendant was stopped for driving without headlights at night. The officer observed an odor of alcohol, glassy eyes, and an unsteady balance. The defendant needed to lean on the officer’s front bumper and an electric box for balance. He performed poorly on roadside tests such as the walk and turn and one leg stand. He was then arrested for DUI. He later blew a .125 and .118 in the breath machine.
Defense: After negotiations with the prosecutor about the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 28, 2023 Case: 23-CT-009914 Judge Conrad
Facts: The defendant was stopped for running two stop signs and drifting around a corner at high speeds. The officer noticed an odor of alcohol, an unsteady stance, slurred speech, and glassy eyes. She admitted to having drank four (4) Hennessy and Cokes. She performed poorly on roadside tests and was arrested for DUI. She later blew a .146 and .140 in the breath machine.
Defense: After conversations with the prosecutor regarding the case and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 21, 2023 Case: 23-CT-038462 Judge Atkin
Facts: The defendant was stopped for failing to maintain a single lane. Specifically, his tires were constantly crossing into the bicycle lane. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew .193 and .203 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 21, 2023 Case: 23-CT-014680 Judge Conrad
Facts: The defendant was stopped for making an illegal U-turn. Officers noticed an odor of alcohol and bloodshot eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant 's Second DUI arrest.
Defense: There was no reasonable suspicion of a crime (i.e., indicators of impairment) to legally authorize the officer to request field sobriety tests. The defendant's speech was not slurred and he was not off balance or unsteady in anyway. Also, the defendant told the officer he had to poop numerous times and was even holding his hand on his butt for the half the video tape. It was obvious, not being allowed to take a bowel movement affected his performance on the roadside tests.
Result: The State dropped the DUI.
Nov 21, 2023 Case: 23-CT-014680 Judge Conrad
Facts: The defendant was stopped for making an illegal U-turn. Officers noticed an odor of alcohol and bloodshot eyes. The defendant performed various field sobriety tests and was arrested for DUI. He later refused a breath test. This was the defendant 's Second DUI arrest.
Defense: There was no reasonable suspicion of a crime (i.e., indicators of impairment) to legally authorize the officer to request field sobriety tests. The defendant's speech was not slurred and he was not off balance or unsteady in anyway. Also, the defendant told the officer he had to poop numerous times and was even holding his hand on his butt for the half the video tape. It was obvious, not being allowed to take a bowel movement affected his performance on the roadside tests.
Result: The State dropped the DUI.
Nov 21, 2023 Case: 23-CT-038462 Judge Atkin
Facts: The defendant was stopped for failing to maintain a single lane. Specifically, his tires were constantly crossing into the bicycle lane. Officers noticed an odor of alcohol, a flushed face, and slurred speech. He then performed various field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew .193 and .203 in the breath machine.
Defense: After several conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 16, 2023 Case: 22-CT-001411 Judge Duckworth
Facts: The defendant was stopped for speeding. The officer noticed and odor of alcohol, glassy eyes, and he had an orbital sway. His speech was low and raspy. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The defendant told the officer on tape prior to field sobriety tests about numerous medical ailments he was suffering from. These medical issues could have affected his performance on the one leg stand and walk and turn. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 16, 2023 Case: 22-CT-001411 Judge Duckworth
Facts: The defendant was stopped for speeding. The officer noticed and odor of alcohol, glassy eyes, and he had an orbital sway. His speech was low and raspy. He performed very poorly on field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: The defendant told the officer on tape prior to field sobriety tests about numerous medical ailments he was suffering from. These medical issues could have affected his performance on the one leg stand and walk and turn. After negotiations, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-026975 Judge Garagozlo
Facts: The defendant was the at fault driver in a side swipe crash. Officers observed the Defendant to have an odor of alcohol, glassy eyes, a fixed gaze, and slurred speech. When asked if he had drank any alcohol, the defendant stated, "not much." He then performed various field sobriety tests such as HGN (eye test) and walk and turn. He was subsequently arrested for DUI and later refused a breath test.
Defense: The firm pointed out to the State that the defendant stated numerous times that he had to urinate, yet the cops wouldn't let him go. The defendant, being made to hold his urine in and not being allowed to go to the bathroom, could have affected his performance on the field sobriety tests. In addition, we pointed out that on tape, the arresting officer was telling another officer that the defendant may need to be transported even though she hadn't even started the dui investigation. Thus, she had it in her mind that she was going to arrest him no matter what. After conversations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-002463 Judge Culver
Facts: The defendant was stopped after he ran a stop sign and nearly struck an officer's patrol car. The officer observed an odor of alcohol, slurred speech, and he had sluggish movements. His eyes were bloodshot and he had difficulty paying attention. He performed very poorly on field sobriety tests and was arrested for DUI. He later blew a .245 and .235 in the breath machine.
Defense: After negotiations with the state regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-037571 Judge Ingram
Facts: The defendant was stopped after he was seen driving the wrong way down a one-way street. He also had no lights on. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was unsteady and stumbled. He then performed various field sobriety tests such as the one leg stand and walk and turn. He was arrested for DUI and later blew a .150 and .142 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-037571 Judge Ingram
Facts: The defendant was stopped after he was seen driving the wrong way down a one-way street. He also had no lights on. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also was unsteady and stumbled. He then performed various field sobriety tests such as the one leg stand and walk and turn. He was arrested for DUI and later blew a .150 and .142 in the breath machine.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-026975 Judge Garagozlo
Facts: The defendant was the at fault driver in a side swipe crash. Officers observed the Defendant to have an odor of alcohol, glassy eyes, a fixed gaze, and slurred speech. When asked if he had drank any alcohol, the defendant stated, "not much." He then performed various field sobriety tests such as HGN (eye test) and walk and turn. He was subsequently arrested for DUI and later refused a breath test.
Defense: The firm pointed out to the State that the defendant stated numerous times that he had to urinate, yet the cops wouldn't let him go. The defendant, being made to hold his urine in and not being allowed to go to the bathroom, could have affected his performance on the field sobriety tests. In addition, we pointed out that on tape, the arresting officer was telling another officer that the defendant may need to be transported even though she hadn't even started the dui investigation. Thus, she had it in her mind that she was going to arrest him no matter what. After conversations with the State, they Dropped the DUI.
Result: The State dropped the DUI.
Nov 15, 2023 Case: 23-CT-002463 Judge Culver
Facts: The defendant was stopped after he ran a stop sign and nearly struck an officer's patrol car. The officer observed an odor of alcohol, slurred speech, and he had sluggish movements. His eyes were bloodshot and he had difficulty paying attention. He performed very poorly on field sobriety tests and was arrested for DUI. He later blew a .245 and .235 in the breath machine.
Defense: After negotiations with the state regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Nov 7, 2023 Case: 23-CT-0004472 Judge Conrad
Facts: The defendant was stopped for weaving. The defendant had an odor of alcohol, slurred speech, and glassy eyes. He also had an unsteady stance. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: The video contradicted the police reports. On tape, the defendant's speech wasn't slurred, he was not unsteady, and appeared responsive and coherent. Prior to trial the State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
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