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Fort Myers DUI Lawyers | Parks & Braxton, PA

DUI Wins

OUR RECENT VICTORIES

Aug 23, 2002 Case: 381097-W Judge Hernandez
Facts: The defendant was stopped for almost running a pedestrian off the roadway. The officer noticed alcohol on the defendant's breath, slurred speech, and bloodshot eyes. He performed several roadside tasks poorly according to the officer and took a breath test which he blew over the legal limit.
Result: The State conceded the motion and dropped the DUI.
Aug 19, 2002 Case: 297054-X Judge Krieger-Martin
Facts: The defendant was stopped for almost backing into another vehicle. The officer observed alcohol on her breath, slurred speech, and bloodshot eyes. She admitted coming form south beach. She performed several roadsides and blew a .146 in the breath machine.
Result: The State dropped the DUI and she received no conviction on her record.
Aug 7, 2002 Case: 409914-X Judge Mills-Francis
Facts: The defendant was involved in an accident. He performed roadsides and blew a just above the legal limit.
Result: The defendant received no DUI conviction on his record.
Jul 29, 2002 Case: 318506-X Judge Pando
Facts: The defendant was stopped for speeding and crossing over the double yellow lines. The defendant stated “there was no way he could pass a breath test.” He performed poorly on the walk and run. one leg stand, and finger to nose. He refused a breath test.
Result: The State dropped the DUI.
Jul 25, 2002 Case: 01-17563MM10A Judge Diaz
Facts: The defendant nearly collided with a barricade and was weaving all over the road. The defendant staggered out of the vehicle and failed all sobriety tests. The defendant provided a urine sample which tested positive for tranquilizers.
Result: The State dropped the DUI to a reckless driving.
Jul 23, 2002 Case: 02-004971MMA99 Judge Ciklin
Facts: The defendant stopped for drifting into the northbound lane on several occasions. Odor, bloodshot eyes, slurred speech. The defendant failed all sobriety tests and refused a breath test. The defendant also had a pipe with him and was charged with paraphernalia.
Result: Judge Ciklin granted the motion and all of the charges were dropped.
Jul 19, 2002 Case: 01-026696MM10A Judge Lazarus
Facts: The defendant was stopped for speeding. Odor, bloodshot eyes, slurred speech. The officer wrote in his report that the defendant failed the sobriety tests.
Result: The State dropped the DUI to a reckless driving.
Jul 8, 2002 Case: 136436-J Judge Bloom
Facts: The defendant was parked on the shoulder of the road. The trooper pulled up behind her vehicle with her overhead police lights on. The defendant performed poorly on roadsides and was arrested for DUI. The defendant did not take a breath test.
Result: State conceded the motion and the defendant received no conviction on her record.
Jun 26, 2002 Case: 01-026263TCA08 Judge Moyle
Result: The State dropped the DUI to a reckless driving.
Jun 26, 2002 Case: 01-028334TCA99 Judge Damico
Result: The State dropped the DUI to a reckless driving.
Jun 17, 2002 Case: 260450-W Judge Krieger-Martin
Result: The case was dismissed.
May 28, 2002 Case: 061432-BDY Judge Mills-Francis
Result: The State dropped the DUI to a reckless driving.
May 22, 2002 Case: 01-026265TCA99 Judge Ciklin
Result: The State dropped the DUI to a reckless driving.
Apr 10, 2002 Case: 02-013051TCA99 Judge Moyle
Facts: The defendant was stopped for running a stop sign. Police observed odor, bloodshot eyes, and a statement "Yea I'm drunk again". The defendant refused all testing. (3rd offense for DUI).
Result: Motion to dismiss granted for destruction of evidence. All charges dismissed.
Jan 11, 2002 Case: 01-022818MM10A Judge Cowart
Facts: The Defendant was observed weaving on Oakland Park Blvd. Defendant stumbled out of car. Defendant admits to drinking "shots".
Result: The State dropped the DUI. The defendant has no conviction on her record.
Case: STATE V. M.W. Judge
Facts: Robbery with a Firearm
Result: The defendant was charged with robbery with a firearm. The crime was punishable by life in prison. The defense argued the defendant was misidentified by the victim. The jury found the defendant not guilty.
Case: STATE V. L.R. Judge
Facts: Two Counts of Battery on Law Enforcement Officers
Result: The defendant was charged with two counts of battery on law enforcement officers and facing ten years in prison. The defense was able to establish that the defendant acted in self defense as he was being beaten by the cops and pepper sprayed. The jury found the defendant not guilty on both counts.
Case: STATE V. D.R. Judge
Facts: Attempted First Degree Murder and Aggravated Battery
Result: The defendant was charged with attempted first degree murder and aggravated battery. The defendant stabbed the alleged victim in a bar fight. The accuser made several allegations at trial which were not consistent with his pre-trial deposition testimony. Also, the defense argued self defense since the accuser attacked the defendant first according to eye witness statements. The jury found the defendant not guilty on both counts. If convicted, the defendant would have been sent to prison for the rest of his life.
Case: STATE V. J.O. Judge
Facts: Sexual Battery
Result: The defendant was charged with Sexual Battery. He faced up to 15 years in State prison if convicted. At trial, the victim elaborated her story in that she stated the defendant hit her and ripped her clothes. The detectives did not corroborate her story when they testified. Further, the day after the alleged rape, the victim went to the defendant’s house to confront him. At trial, the defense argued that it was absolutely ridiculous an alleged rape victim would go to the alleged rapist’s house. Along with the contradictions in her story versus the physical evidence brought out on cross examination, the jury found him not guilty.
Case: STATE V. V.F. Judge
Facts: Armed Burglary of a Dwelling
Result: The defendant was charged with armed burglary of a dwelling which was punishable by life in prison. The victim in the case was the defendant‘s estranged relative. On the witness stand, she made one inconsistent statement after another upon repeated questioning by the defense. The jury found her testimony to be not credible and he was found not guilty.
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