Author: Developer

Driver stopped for speeding. Police make arrest for DUI drugs alleging driver is under the influence of “spice.”  During arrest and booking driver becomes increasingly uncooperative and agitated. Rather than finish the implied consent process the arresting officer calls for backup at station, places driver in holding cell and deems him a “refusal” triggering a six (6) month ALS. After hearing ALS vacated as police cannot prove driver refused requested chemical testing.

Driver stopped for marked lanes violation. Police make arrest for DUI drugs alleging driver is under the influence of a controlled drug. Driver is argumentative, profane and belligerent throughout roadside encounter, but participates in some field sobriety tests. Police fail to prove relevance of tests to impairment by drugs and ALS is vacated due to lack of reasonable grounds to believe driver is impaired.

Driver stopped by police following citizen cell phone report of erratic driving. Officer finds vehicle, confirms lane control issues and makes highway stop. Driver admits to drinking and claims she is lost trying to find her way from Providence to New Hampshire. Police note odor of alcohol, glassy eyes and slurred speech. Following filed sobriety testing driver arrested and submits to post arrest breath test of .13 BrAC. Defense excludes breath test evidence through Motion to Suppress. Court rules Police did not prove that a required valid 15 observation period preceded the breath testing sequence. Not guilty finding on OUI charge following trial.

Police respond to scene of single car accident.  Person identified as driver is receiving medical attention from EMTs.  He is bleeding from mouth but is otherwise released by EMTs for field sobriety tests.  Driver has open nip in his pocket and empty nip bottles in car.  Post arrest breath test discloses .16 BrAC.  Defense prepared to argue breath test is contaminated by bleeding mouth and field sobriety tests are inaccurate for driver involved in recent rollover accident.  DWI charge dismissed prior to trial.

Driver stopped after driving through parking lot of closed tavern and making wrong turn from exit.  Driver admits to drinking at a concert venue earlier and police note an odor of alcohol and glassy eyes.  Driver does marginally well on parts of field sobriety tests but is arrested after failing Portable Breath Test (PBT).  Post arrest breath test is only .08 so Administrative License Suspension does not follow.  DWI charge dismissed prior to trial.

Police respond to report of driver passed out or sleeping in van in fast food restaurant parking lot.  Police find driver slumped behind wheel apparently sleeping with engine running.  Once awoken he appears sluggish and lethargic and there is an odor of alcohol.  Driver admits to drinking two (2) beers that afternoon and that he pulled over because he was not feeling well due to an adverse reaction to an intravenous medication.  Driver performs poorly on portions of field sobriety tests and refuses post arrest breath test.  Defense prepared to argue Police failed to properly investigate medication use and are unable to distinguish between effects of properly prescribed medication and alcohol use.  DWI Charge Dismissed prior to trial.

Police observe vehicle stopped at red light and then proceed on green after short delay.  At next intersection vehicle turns right from center lane after signaling lane change to right turn only lane.  Once stopped police note odor of alcohol, glassy eyes and admission to “two drinks.”  Post arrest breath test .15 BrAc.  Defense files Motion to Suppress challenging legality of initial stop for alleged moving violations.  DWI charge dismissed before trial.  MA resident avoids further impact through MA RMV under Melanie’s Law and Lifetime lookback provisions.

Driver stopped by police following citizen cell phone report of lane control issues. Police allege driver performs poorly on field sobriety tests before arrest. Defense points out police followed driver for nearly five (5) miles before deciding to stop him. Driver testifies that his operation was impaired by exhaustion/fatigue, not alcohol consumption. Not guilty finding on OUI charge following trial. Impact of Lifetime Lookback provision under Melanie’s Law avoided.

Police respond to scene of two car collision.  2nd driver claims other vehicle was “flying” and lost control coming into her lane sideways.  Driver of 1st car claims he was driving too fast and lost control when he reached for a cigarette.  Police detect odor of alcohol and glassy eyes, but driver denies drinking.  Driver also refuses all testing, including field sobriety tests and breath test.  DWI charge dismissed prior to trial for lack of evidence.

Police respond to report of two (2) car collision in beach parking lot.  MA Driver standing outside vehicle admits that he was driving and each driver “hit” the other backing up at same time.  Police note odor of alcohol, glassy/red eyes and slurred speech.  Driver struggles with field sobriety tests.  Defense prepared to argue lack of evidence of operation without witness corroboration and driver’s learning disability hindered his comprehension of field sobriety test instructions.  DWI charge dismissed before trial.