Author: Developer

Police stop motorcycle for defective taillight. Police note an odor of alcohol coming from driver as he answers questions. When asked if he’d been drinking Driver responds, “yes, a couple gin & tonics, a few beers.” No other indicators of impairment are present during initial conversation. Driver is arrested following standard field sobriety tests. Defense ready to present evidence of driver’s medical history, including orthopedic surgeries. DWI charge dismissed prior to trial.

NH Police stop MA Driver for speeding 75 MPH in 55 MPH zone. Driver appears nervous and admits to drinking “three beers” at a concert that just finished. Police note an odor of alcohol coming from driver as he stands outside for field sobriety testing. Driver refuses PBT and post arrest breath test, but insists he is “fine to drive” to get home to his wife and kids. DWI Charge dismissed prior to trial. Lifetime Lookback impact under Melanie’s Law avoided.

Police respond to scene of single car accident and find small sports car smashed against rock wall with 2 men covered in dirt and debris walking around vehicle. One man admits to being driver and he is bleeding from head which is consistent with blood stains on driver’s side interior of car. While driver is tended to by EMT/medics passenger states they each had one scorpion bowl and a beer. After refusing further medical treatment or transport to hospital driver refuses all field sobriety testing telling officer to “f— off!” Up to this point driver exhibited odor of alcohol as he spoke and rude behavior. DWI charge dismissed prior to trial.

MA Driver stopped by NH Police for speeding 35 MPH in downtown area 25 MPH zone. Police Officer notes heavy odor of alcohol coming from driver as she speaks and extremely glassy/red eyes. Driver arrested following field sobriety testing. Certified Breath Test Operator brought in to Station to conduct 20 minute observation period and breath test. Officer notes that driver burped during observation period, but she “didn’t bring anything up from her stomach.” Test results .12 BrAC. Same “burp” issue already resulted in Administrative License Suspension (ALS) being vacated at NH DMV Hearing. Defense prepared to argue Motion to Exclude Breath Test Evidence at trial. DWI charge dismissed prior to trial.

MA driver with prior history of OUI convictions arrested for OUI 3rd Offense felony offense in 2014. Defense files Motion to Vacate prior 2007 OUI 2nd conviction based on an invalid plea colloquy conducted by presiding Judge at time of plea and sentencing. Motion to Vacate granted, 2007 prior conviction vacated and ultimately dismissed.

MA Driver facing mandatory six (6) month Administrative Suspension based on post arrest breath result of .12 BrAC. State fails to prove valid test conducted due to missing evidence at Administrative License Suspension hearing. ALS vacated.

MA Driver, age 18, stopped by police for speeding 85/55 MPH zone. Upon approach to vehicle Police Officer smells an odor of marijuana emanating from the vehicle. During subsequent roadside investigation driver is arrested for possession and transportation of drugs. At booking a second officer determines that he smells an odor of alcohol coming from driver, but first officer made no observations of impairment and/or consumption of alcohol. Driver submits to field sobriety tests and breath test at booking with reported .12 BrAC. Defense prepared to argue police lacked grounds to request field sobriety tests and breath test. DWI Charge dismissed prior to trial.

Police stop driver at 1:00 a.m. for marked lanes and failure to signal violation. Driver appears with slurred speech, glassy/bloodshot eyes and odor of alcohol. He admits to two drinks. During field sobriety testing the driver becomes argumentative and the testing is stopped by police and he is arrested. Booking taped shows driver argumentative but not belligerent. Police deem his repeated questions about breath testing to be a refusal. DWI Charge Dismissed prior to trial.

MA Driver stopped by NH Police for illegal U-turn. Police note driver’s red/glassy eyes, slurred speech and unsteadiness. Driver admits to being lost and having drank one (1) beer prior. Driver is arrested following field sobriety testing, although he tells police about medical conditions and medications that he takes. DWI Charge dismissed before trial. Lifetime Lookback penalties through MA RMV and application of Melanie’s Law avoided.