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Fort Myers DUI Lawyers | Parks & Braxton, PA

OUR RECENT VICTORIES

Jul 1, 2025 Case: 25-CT-003402 Judge Scott
Facts: The defendant was stopped for taking off at a red light at a high rate of speed. Officers noticed an odor of alcohol, slow movements, water/glossy eyes, and slurred speech . The defendant stated he was out looking for a physical therapy clinic. The defendant refused to perform field sobriety tests and was arrested for DUI. He later refused a breath test.
Defense: There was no probable cause to stop the defendant. The State agreed with our position and Dropped the DUI. The defendant received no penalties other than court costs.
Result: The State dropped the DUI.
Jul 1, 2025 Case: 25-CT-003421 Judge Scott
Facts: The defendant was stopped for drifting all over the road and speeding. Officers noticed an odor of alcohol, slow movements, slurred speech, and watery eyes. The defendant appeared unsteady and admitted to drinking alcohol. After performing the HGN (eye test), he refused to do any further field sobriety testing. He was arrested for DUI and later refused a breath test.
Defense: After negotiations with the State regarding the evidence and the defendant, they Dropped the DUI.
Result: The State dropped the DUI.
Jul 1, 2025 Case: 25-CT-000380 Judge Distler
Facts: The defendant was stopped for speeding as she was traveling 107 mph in a 70 mph zone. Officers noticed an odor of alcohol, bloodshot/glossy eyes, and her pupils were dilated. The defendant admitted to having consumed two vodka drinks. She then performed the HGN (eye test), walk and turn, and one leg stand exercises. She was subsequently arrested for DUI and later blew a .165 and .161 in the breath machine.
Defense: After conversations with the State and providing mitigation evidence to them regarding the defendant, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019406 Judge Skinner
Facts: The defendant was stopped for weaving on five occasions. Officers observed an odor of alcohol, glassy/red eyes, and slow/slurred speech. The defendant performed the HGN (eye test), walk and turn, one leg stand, and alphabet exercises. He was arrested for DUI and later refused a breath test.
Defense: After several conversations with the prosecutor, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019911 Judge Skinner
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, bloodshot eyes, slurred speech, a sway, and he stated that he had consumed two beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .141 and .130 in the breath machine.
Defense: After negotiations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-014204 Judge Skinner
Facts: The defendant was stopped for speeding. Officers noticed an odor of marijuana and saw rolling papers as well as a partially burned paper. They also observed mumbling speech, a sway, and glassy eyes. After performing various field sobriety tests such as HGN (eye test), walk and turn, and one leg, he was arrested for DUI. He provided a urine test which came back from the lab positive for marijuana.
Defense: After several conversations with the prosecutor regarding the defendant and evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-014142 Judge Skinner
Facts: The defendant was stopped for weaving. Officers observed an odor of alcohol, slurred speech, and watery eyes. The defendant stated that she had drank two beers. She performed very poorly on the field sobriety tests such as the HGN (eye test), walk and turn, and one leg stand. She was arrested for DUI and later refused a breath test.
Defense: After negotiations with the prosecutor, regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-MM-010023 Judge Skinner
Facts: The defendant was stopped for driving 45 mph in a 60 mph zone and weaving. Officers observed an odor of alcohol, bloodshot eyes, and unsteadiness. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was subsequently arrested for DUI. After commands for the defendant to stand in a certain location, the officer grabbed the defendant's arm. He tensed up and was taken to the ground. He was charged with DUI and resisting an officer without violence. He later refused a breath test.
Defense: The police reports were highly exaggerated and made the defendant out to be falling down drunk. The video contradicted almost every observation written in the reports. Officers were the aggressors in the takedown, not the defendant. The State Dropped the DUI and Dismissed the resisting charge.
Result: The State dropped the DUI.
Jun 30, 2025 Case: 25-CT-019969 Judge Skinner
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy eyes, and slow/clumsy/lethargic movements. The defendant stated that he had consumed three beers. After performing the HGN (eye test), walk and turn, and one leg stand exercises, he was arrested for DUI. He later blew a .176 and .174 in the breath machine.
Defense: After several conversations with the prosecutor regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 27, 2025 Case: 25-CT-003558 Judge Bonavita
Facts: The defendant was stopped for driving with a left headlight being out. Officers noticed an odor of alcohol, she was slow and fumbled with her paperwork, and admitted to having consumed three drinks. After performing the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises, she was arrested for DUI. She later blew a .144 and .138 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.
Jun 26, 2025 Case: 25-CT-018011 Judge T. Brown
Facts: The defendant was stopped for speeding. Officers noticed an odor of alcohol, glassy/bloodshot eyes, and she had a sway to her stance. She performed the HGN (eye test), walk and turn, and one leg stand exercises. The defendant was subsequently 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.
Jun 25, 2025 Case: AJ8ZENE Judge Lawhorne
Facts: The defendant was stopped for weaving and speeding. Officers noticed and odor of alcohol, bloodshot eyes, and slurred speech. The defendant performed a battery of nonphysical field sobriety tests due a medical condition which prevented him from performing the walk and turn and one leg stand. The officer had him do the HGN (eye test), estimation of 30 seconds, and finger to nose exercises. He was arrested for DUI and later refused a breath test.
Defense: Medical records were provided to the State by the firm regarding his severe medical condition which caused his speech to be slurred, as well has his balance and physical capabilities. After a review, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 25, 2025 Case: AJF4PGE Judge Croff
Facts: The defendant was stopped for sitting through a light cycle, weaving, and speeding. Officers noticed an odor of alcohol, he exited the car slowly, and had glassy eyes. He swayed while standing and walked unsteadily. The defendant performed poorly on the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and subsequently refused a breath test.
Defense: After conversations with the State regarding the defendant and the evidence, the State Dropped the DUI.
Result: The State dropped the DUI.
Jun 25, 2025 Case: AJF4QVE Judge Croff
Facts: The defendant was stopped for following too closely and weaving. Officers noticed an odor of alcohol, slurred speech, and bloodshot eyes. He also had a flushed face, fumbled dexterity, and unsteady balance. The defendant refused to perform any field sobriety tests and was arrested for DUI. He 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.
Jun 23, 2025 Case: 25-CT-503877 Judge Gagliardi
Facts: The defendant was stopped for swerving, improper lane changes, and changing speeds up and down. Officers noticed an odor of alcohol, a flushed face, watery eyes, and she swayed and staggered. Her speech was thick tongued as well. She performed the HGN (eye test), walk and turn, and one leg stand exercises. She 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.
Jun 23, 2025 Case: 25-CT-500443 Judge Gonzalez
Facts: The defendant was stopped for weaving all over the road. Officers noticed an odor of alcohol, a flushed face, red eyes, and slurred speech. The defendant stated that she had consumed a few drinks after work. She performed very poorly on the HGN (eye test), walk and turn, and one leg stand exercises. She was arrested for DUI and later refused a breath test.
Defense: On tape, the officer misstated the law when requesting her to perform the field sobriety tests. He told her that on the back of her driver's license it says what is going to happen if she refused, that she would go to jail and be given a breath test. None of that is on the back of anyone's driver's license. It was not only a misstatement of law but also coercion. It should be noted that the officer could be heard on video stating that this was his first DUI.
Result: The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-500419 Judge Gonzalez
Facts: The defendant crashed his car into a concrete drain on a front lawn. Officers arrived and noticed an odor of alcohol, watery/bloodshot eyes, and slow speech. The defendant was combative and very sweaty. The defendant then performed the HGN (eye test), walk and turn, one leg stand, finger to nose, alphabet, estimation of 30 seconds, and count backwards exercises. He was arrested for DUI and later refused a breath test. This was the defendant's Second DUI.
Defense: On tape, the defendant told the officer that he could not perform the physical exercises such as the walk and turn and one leg stand due to previous injuries. They still made him do it and he performed poorly. However, on the nonphysical exercises, such as the finger to nose, alphabet, count backwards, and estimation of time (30 seconds), he performed very well. The officer can even be heard on tape prior to the walk and turn telling the defendant, "it is not a normal way to walk." The State Dropped the defendant's Second DUI.
Result: The State dropped the DUI.
Jun 23, 2025 Case: 25-CT-002967 Judge Griner
Facts: The defendant was stopped for speeding as he was driving in excess of 90 mph. Officers noticed an odor of alcohol, red/bloodshot eyes, and slurred speech. The defendant performed the HGN (eye test), walk and turn, and one leg stand exercises. He was arrested for DUI and later blew .098 and .096 in the breath machine.
Defense: The officer misstated the law to the defendant while requesting a breath test. He told him on tape that if he blew under the legal limit, he would be good to go and "wouldn't have to worry about a DUI." That is not true because he cannot be unarrested, can still be charged with DUI by the State, and the officer has no idea what a prosecutor will do. The State Dropped the DUI realizing the breath test would be excluded from evidence.
Result: The State dropped the DUI.
Jun 18, 2025 Case: 25-CT-017979 Judge Mussleman
Facts: The defendant was involved in an accident whereby he hit a light pole. Officers caught him leaving the parking lot and stopped him. They noticed an odor of alcohol, he appeared confused, and had bloodshot/glassy eyes. The defendant was arrested for DUI and later refused a breath test.
Defense: For whatever unknown reasons on tape, the officers never even asked the defendant to perform any field sobriety tests. Thus, they didn't conduct any DUI investigation. After conversations with the State about the lack of evidence, they Dismissed the DUI and he pled to a leaving the scene of accident. He received no conviction, no points, and only had to pay court costs.
Result: The DUI was dismissed.
Jun 18, 2025 Case: 25-CT-010810 Judge Musselman
Facts: The defendant was stopped for driving 95 mph in a 70 mph zone and also swerving numerous times. Officers noticed an odor of alcohol, he stumbled getting out of the car and had watery eyes. When asked if he had been drinking, he replied, "not enough" then laughed. He performed poorly on various roadside tests such as the HGN (eye test), walk and turn, and one leg stand. He was arrested for DUI and later blew a .163 and .154 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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