Author: Developer

Police respond to report of single car rollover accident in late afternoon. Driver is found in house of responding neighbor using the bathroom. He is led outside for field sobriety tests in the driveway of that house. Police allege he does poorly on standardized filed sobriety tests and his post arrest breath test is .09 BrAC. Defense excludes breath test evidence prior to trial. Defense focuses cross exam on location of field sobriety tests following an accident in the midst of several police, emergency personnel and civilian witnesses. Defense also able to contrast the various descriptions of the driver’s appearance from police and civilians where signs of impairment vary greatly. Not Guilty verdict following jury trial.

Police stop driver/client at 2:00 a.m. for taking turn without signaling against do not enter sign into fast food restaurant. Police allege driver is slow to produce documents, emits odor of alcohol, slurs his words and has difficulty with walk and turn, one leg stand and alphabet tests. Post arrest breath test reading is .13 BrAC. Defense excludes breath test evidence as scientifically unreliable prior to trial. At trial defense utilizes booking video that show client as coherent, steady with clear speech. Not Guilty verdict following jury trial.

Police Officer alleges driver passes by his parked location at a high rate of speed in the early morning hours. The Officer follows the client’s car for nearly ¾ mile without activating emergency lights and watches driver pull into gas station pumps. Police maintain visual contact with driver from across street as he pumps gas, enters and exits store, and meets with friends in parking lot. Finally, police approach and make contact and allege driver is unsteady, smells of alcohol and slurs his words. Driver refuses to participate in field sobriety tests, which is his right. Driver arrested and transported to station where he refuses breath test. Defense files Motion to Suppress to argue Police lacked legal grounds to approach, seize and arrest the defendant, given the passage of time since the alleged speeding violation. DWI charge dismissed by negotiated agreement prior to trial.

Police respond to call of hit and run accident where driver allegedly left scene of low speed rear end collision. Police find client driver a short distance from minor accident pulled to side of road. Driver admits to having two drinks at Mall while Christmas shopping. His eyes are red and glassy and he emits odor of alcohol. His speech is not slurred. Driver fails Horizontal Gaze Nystagmus Test and Walk and Turn but passes One Leg Stand. Defense files Motions to Suppress certain statements and to Challenge Search of Vehicle which disclosed Marijuana and open alcohol containers. DWI charge dismissed by negotiated agreement prior to trial. Previous six (6) month Administrative License Suspension (ALS) based on breath test refusal was vacated for lack for prosecution.

Police stop driver late at night because she is having difficulty maintaining lane control. The officer notes the driver emits an odor of alcohol and appears with red/glassy eyes. The driver consents to standardized field sobriety tests and is arrested. She misunderstands the implied consent process and refuses a breath test, incorrectly believing she will be entitled to a blood test which she feels is more accurate. Defendant/driver is prepared to testify that she was not impaired, but only extremely fatigued at the end of a grueling work week and recovering from the flu at the time of the stop. She informed the arresting officer of her condition at the time of the stop. DWI charge dismissed by negotiated agreement prior to trial.

Driver stopped by police on highway for speeding and failure to dim high beams as he approached cruiser from behind. Police note odor of alcohol and glassy/bloodshot eyes. Driver allegedly fails standardized field sobriety tests and post arrest breath test is .15 BrAC. Defense excludes breath test result in consolidated litigation challenge to scientific reliability of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Police stop MA driver after she remains stopped for 30 seconds at Green Traffic Signal. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver admits to “two small glasses of wine” at friend’s house and she explains she is struggling to find on-ramp for highway. Client does poorly on portions of field sobriety tests, but well on others. Defense utilizes booking video to show client’s normal speech, behavior and appearance following the arrest. DWI charge dismissed by agreement prior to trial.

Police stop driver for marked lanes violation. Same officer arrested same driver for identical charge weeks earlier. Police note driver’s belligerent irrational behavior and foul language at roadside. Driver is arrested following field sobriety tests for DWI Drugs and Disorderly Conduct. Raucous, belligerent and profane language continues through post arrest Drug Recognition Evaluation at station. State is unable to prove what substance, if any, the defendant is impaired by, as DRE testifies that he suspects cannabis, “Spice”, Central Nervous System Stimulants and/or Central Nervous System Depressants possibly impaired the driver. Not Guilty finding following trial.