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Fort Myers DUI Lawyers | Parks & Braxton, PA

DUI Wins

OUR RECENT VICTORIES

Oct 2, 2024 Case: 24-CT-003463 Judge Gutman
Facts: The defendant was found by the police sleeping in his car which was parked slightly in the roadway. Officers noticed an odor of alcohol, bloodshot eyes, and he was unsteady on his feet. He refused to perform any roadside tests and was arrested for DUI. He alter blew a .082 and .080 in the breath machine.
Defense: The firm pointed out that with the .02 margin of error in the breath machine, his breath test results could have been under the legal limit. Additionally, we pointed out to the State that the defendant was not in actual physical control because he could not have the "capability" to operate the motor vehicle while sleeping.
Result: The State dropped the DUI.
Sep 25, 2024 Case: 24-CT-007592 Judge Stone
Facts: The defendant was stopped for weaving and speeding. Officers noticed an odor of alcohol, red/glossy eyes, slurred speech, and the defendant had trouble producing her items for the police. The defendant refused to perform any field sobriety tests and was arrested for DUI. She later refused a breath test. This was the defendant's Third DUI.
Defense: The firm pointed out inconsistencies between the police reports and the video tape to the prosecutor. For example. her speech was not slurred and her driving pattern was overexaggerated. After a few conversations, the State Dropped the Defendant's Third DUI.
Result: The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-004112 Judge Scott
Facts: The defendant crashed his car into a guardrail. When officers arrived, they noticed the defendant to have an odor of alcohol, bloodshot/glassy eyes, and he was argumentative. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later refused a breath test.
Defense: The officer wrote how the defendant performed very poorly on the roadside tests. That alleged performance was contradicted by the video tape whereby the defendant performed extremely well. In addition, the cop was blasting his engine so loud, no one could even hear what was being said on scene.
Result: The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006170 Judge Scott
Facts: The defendant was stopped for running a red light. Officers observed an odor of alcohol, glassy eyes, and bar bracelet on his wrist. He also appeared confused, unsteady, and admitted to drinking alcohol. After performing various field sobriety tests, he was arrested for DUI. He later blew a .132 and .130 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-008455 Judge Farr
Facts: The defendant was sitting in his car blasting music in a high traffic/pedestrian area. Officers walked up to his car to speak with him. They noticed an odor of alcohol, bloodshot eyes, and slurred speech. He also had a dazed/blank stare, poor coordination, poor balance, and a lethargic appearance. The defendant performed various field sobriety tests such as the walk and turn, one leg stand, and HGN (eye test). He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 24, 2024 Case: 24-CT-006044 Judge Farr
Facts: The defendant was seen by an officer backing up his Jeep into a parking space with no lights after dark. When the officer approached, he noticed an odor of alcohol, glassy eyes, and slurred speech. He was unsteady and had to lean on the Jeep for balance. The defendant refused to perform any roadside tests, was arrested for DUI and later refused a breath test.
Defense: On tape, the defendant did not appear unsteady and his speech was not slurred. There was also no driving pattern. Due to a lack of evidence to establish probable cause, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-007603 Judge Weis
Facts: The defendant was stopped for weaving all over the road. The officer noticed an odor of alcohol, bloodshot eyes, and slurred speech. The defendant stated he had drank three whiskey and Cokes. He also stated that he is "fucked up naturally." He performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later refused a breath test.
Defense: After conversations with the State regarding the evidence and defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-008049 Judge Weis
Facts: The defendant was found by police passed out in his truck with the vehicle on, gear shifter in park, and keys in the ignition. He was parked in a parking lot. Upon awakening him, the officers noticed an odor of alcohol, watery/glassy eyes, and extremely slurred speech. He performed very poorly on roadside test and was arrested for DUI. He later refused a breath test.
Defense: After conversations with the State, we pointed out that the defendant was trying to do the right thing by sleeping it off and not driving. After negotiations, they Dropped the DUI.
Result: Result: The State dropped the DUI.
Sep 18, 2024 Case: 24-CT-034721 Judge Musselman
Facts: The defendant was stopped for driving with his taillights off. The officer noticed an odor of alcohol. He was unable to hold a conversation, droopy eyelids, and bloodshot eyes. The defendant admitted to having consumed two beers. He refused to perform roadside tests and was arrested for DUI. He later refused a breath test.
Defense: The entire DUI investigation took place while the defendant was seated in his car. As soon as the defendant said that he would not perform field sobriety tests, he was arrested for DUI. On tape, he did not appear impaired. After negotiations with the State, they Dropped the DUI down to a Civil careless driving infraction.
Result: The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-005076 Judge Bagge-Hernandez
Facts: The defendant was stopped for having only one operable brake light. The officer noticed an odor of alcohol, bloodshot eyes, and slow/lethargic movements. In addition, he observed slow speech and unsteady balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He later blew a .106 and .106 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 17, 2024 Case: 24-CT-030032 Judge Ingram
Facts: The defendant was stopped for speeding. The officer noticed an odor of alcohol, a flushed face, and slurred speech. She also was observed stumbling and appearing confused. After performing various field sobriety tests, she was arrested for DUI. She later blew a .147 and .144 in the breath machine.
Defense: After negotiations regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 12, 2024 Case: 24-CT-022237 Judge Musselman
Facts: The defendant was stopped for driving with her high beams on. Officers observed an odor of alcohol, slurred speech, glassy eyes, and an inability to keep her balance. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test. This was her Third DUI arrest and she was also charged with Second Refusal for refusing a breath test for the second time.
Defense: The arresting officer was in training while conducting the DUI investigation. While instructing the defendant on the roadside tests, she was reading off a card making it very confusing to follow. She was also blocking her body worn camera during the exercises because she was holding her notepad in front of it. Not one officer was taking notes at the scene, yet later on there were detailed reports which totally contradicted the videotapes. The police code for DUI is "Signal One." On tape, the field training officer can be heard saying, "all I care about is a Signal One for training." In addition, he can also be heard saying "she needs it for training." (i.e., the Signal One). It was obvious the defendant was the Guinea pig for a training day for this cop to learn how to do a DUI and make an arrest. The State Dropped the DUI and she received no penalties other than court costs. In addition, the State Dismissed the refusal charge.
Result: The State dropped the DUI.
Sep 11, 2024 Case: 24-CT-005790 Judge Gutman
Facts: The defendant was stopped for failing to stop at several red lights. Officers observed an odor of alcohol, glassy eyes, and slurred speech. She also appeared unsteady outside of the car. After performing the HGN (eye test), walk and turn, and one leg stand exercises, she was arrested for DUI. She later refused a breath test.
Defense: On tape, the defendant was not off balance or unsteady and her speech was not slurred. Her performance on the roadside tests was much better on tape than as described in the police reports.
Result: The State dropped the DUI.
Sep 11, 2024 Case: 24-CT-021288 Judge Koenig
Facts: The defendant was observed by police falling off his motorcycle in a parking lot. Officers approached to help and noticed an odor of alcohol, watery eyes, and he had difficulty speaking. He stated that he had consumed several drinks (i.e. bourbon). The defendant was so drunk that he almost fell over during field sobriety tests, so they were stopped for safety concerns. He was arrested for DUI and later blew a .265 and .258 in the breath machine.
Defense: After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 10, 2024 Case: AHPGCSE Judge Vaccaro
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, a dazed/bank expression, and slurred speech. He then performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI and later blew a .150 and .133 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.
Sep 10, 2024 Case: AGZT2CE Judge Komninos
Facts: The defendant was stopped for making a wide turn, straddling the lane lines, and coming to a complete stop in the roadway. Officers noticed an odor of alcohol, slurred speech, watery eyes, and he swayed while he stood. He performed poorly on roadside tests and was arrested for DUI. He later blew a .20 and .199 in the breath machine.
Defense: After numerous conversations with the State regarding the defendant and the case, they Dropped the DUI.
Result: The State dropped the DUI.
Sep 10, 2024 Case: 24-CT-025795 Judge Baker
Facts: The defendant was stopped for driving too slowly and weaving. The officer observed an odor of alcohol, red/watery eyes, and she stated she had drank a few beers. While outside the car, she stumbled and used the door for support. Due to physical injuries she performed various nonphysical exercises such as the finger to nose, estimate of 30 seconds, and HGN (eye test). She was arrested for DUI and later blew a .145 and .135 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.
Sep 10, 2024 Case: AITJR4E Judge Komninos
Facts: The defendant was stopped for driving with no lights after dark. Officers noticed an odor of alcohol, mumbled speech, and he appeared unsteady. The defendant 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 a .143 and .132 in the breath machine.
Defense: After negotiations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Sep 10, 2024 Case: AHFCCSE Judge Lawhorne
Facts: The defendant was observed by police swerving back and forth in his lane and speeding. His tires were touching both lane markers as he was drifting back and forth. Officers observed an odor of alcohol, red/watery eyes, and thick tongued speech. While outside the car, he had an orbital sway. After performing various field sobriety tests, he was arrested for DUI and later blew a .120 and .121 in the breath machine.
Defense: After conversations with the State regarding the evidence and the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
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