Author: Developer

Police respond to report of woman passed out/asleep behind wheel in rush hour traffic on Main Thoroughfare. First officer on scene notes driver is lethargic, confused and appears with glassy/bloodshot eyes and slurred speech. He does not note odor of alcohol. 2nd Officer makes same observations and determines driver failed field sobriety tests. Neither Officer notes odor of alcohol in testimony or relates driver’s symptoms to alcohol intoxication, only that she appears “impaired.” Defense Motion for Required Finding of Not Guilty at close of all Evidence Granted by Court.

Police stop driver for failure to come to complete stop at Stop sign. Driver denies drinking that evening but his passenger is quite vocal and claims she is drunk and her boyfriend is “Fine to Drive.” Backup is called so field sobriety tests can be conducted without interference from passenger. Driver is arrested after police allege he fails roadside tests. Defense prepared to argue Motion to Suppress alleging police lacked reasonable suspicion that driver was impaired by alcohol and exit order for field sobriety testing was illegal. DWI Charge dismissed prior to trial.

Police stop MA Driver for marked lanes violation. Driver displays odor of alcohol and glassy/bloodshot eyes and tells Officer he is just coming back to rental house from buying liquor. Driver complains about flashing lights during HGN test and only completes Walk and Turn Test before refusing remaining tests, including breath test. DWI Charge dismissed prior to trial. Lifetime lookback effects of Melanie’s Law avoided for this MA resident (NH DWI Would have triggered two 2 year loss of MA License) with prior Continued Without a Finding (CWOF) disposition on an OUI.

Police stop driver during early afternoon when concerned citizen calls police to say driver is acting erratically in parking lot across the street from pharmacy. Car is stopped in middle of road when police arrive. Driver submits to field sobriety testing but is 0.00 on breath test. Police suspect she is under the influence of combination of prescribed drugs. Prosecution cannot prove impairment of any particular substance at trial. Not Guilty Verdict. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident driver with prior Florida DWI.

MA resident stopped by police for speeding. Driver admits to drinking earlier and that he is just trying to get home after spending time at friends house. Driver submits to field sobriety testing and fails each according to police. Driver refuses post arrest breath test. Defense is able to negotiate dismissal of DWI criminal charge with referral of client to Veteran’s Court Program

Police stop driver for speeding. Officer recalls she earlier spoke to driver on sidewalk because he was involved in verbal argument with his girlfriend. Police suspect driver is impaired because he is upset, smells or alcohol and admits to drinking earlier. Defense utilizes booking video at trial to show client’s demeanor, behavior and attitude after arrest. Client also testifies that he was emotionally distraught after break up with girlfriend and not impaired by alcohol. Not Guilty Verdict following trial.

Driver pulls over when he sees blue lights behind him. Police actually targeting car in front of him. When police instruct him to leave he bumps into cruiser with his car. Police approach again, and now note odor of burnt marijuana. Driver admits to just smoking a joint after buying marijuana in city. Police tow driver’s car and make him wait for ride. No arrest made, but client later summonsed to Court to answer complaint charging OUI Drugs. Defense Motion to Dismiss charge granted by Court.

Police stop vehicle for alleged excessive noise while exiting plaza at 2:30 a.m. Police detect odor of alcohol. Police allege driver states to them, “just arrest me, I’ve had too much to drink.” Driver does not participate in field sobriety testing and refuses breath test. Defense challenges credibility of police version of events, when they admit entire conversation with defendant, prior to arrest was not recorded in police report. Not Guilty Verdict following trial.

Police Officer notices pick-up truck stopped in middle of road. As officer proceeds on green light towards truck, it takes off a high rate of speed. Truck is stopped and Officer notes driver’s slurred speech and glassy/bloodshot eyes. There is an odor of alcohol coming from truck and an open beer can in center console. Driver refuses to take field sobriety tests, stating “I won’t pass the tests, I’ve had too much to drink.” DWI charge dismissed prior to trial.

Police investigate domestic disturbance outside concert venue. Woman involved is arrested on outstanding warrant. Police instruct her boyfriend to go back to hotel and not to drive due to his apparent intoxication. 2 hours later the same officer sees the defendant/driver sitting in a running vehicle outside the House Of Correction waiting to bail out his girlfriend. The client is arrested following field sobriety testing. DWI Charge Dismissed prior to trial.