Author: Developer

Driver stopped by police for marked lanes violation. Admits to drinking a couple of beers with employees following work. Arresting officer notes the driver is speaking unclearly and asks him to exit to complete field sobriety tests. Under cross examination officer admits he never detected any odor of alcohol emitting from driver and he further displays a lack of knowledge and experience with the standardized field sobriety test criteria. Officer admits based on inventory sheet that chewing tobacco was found during search of car before tow. Officer does not remember driver asking if he could remove “chew” while answering questions at roadside. Booking video, although typically used by this department, is not produced in this case. Not guilty verdict following trial.

Driver arrested by police for failure to yield making turn. Once stopped driver exits to speak with the officer but he is ordered to return to his car. Field sobriety tests are continuously interrupted by dialogue between driver and officer. Driver arrested for DWI and brought to station for booking. Again, ongoing dialogue between driver and officer interrupts the normal administration of the Implied Consent Form, or NH ALS form. Driver asks multiple questions, which the officer refuses to answer. Despite multiple requests to decide, driver will not commit to take test, nor does he refuse. Officer loses patience and deems driver a refusal. Administrative Hearings Officer agrees with respondent’s counsel that there is a lack of evidence that driver affirmatively refused the requested breath test, in fact he never stated he refused requested testing. Two (2) year Administrative License Suspension vacated.

Massachusetts Driver stopped by New Hampshire Police coming home from visiting friends locally. Driver admits to having had a couple glasses of wine. Driver participates in field sobriety tests and is subsequently arrested for Driving While Intoxicated (DWI). Defense conducts administrative license suspension hearing and creates a transcript of sworn testimony with cross examination of officer under oath for use at trial. Trial is continued multiple times but defense is not willing to accept prosecutor’s offer of guilty plea to DWI with minimum penalties and withdrawal of six (6) month Administrative License Suspension (ALS). Prosecutor forced to dismiss DWI charge when arresting officer becomes unavailable as witness for trial. Drunk Driving finding with lifetime effect in Massachusetts under Melanie’s Law avoided.

Driver being followed by Police cruiser because he was exiting a side street with a wide turn. At same time another cruiser approached from opposite direction. 2nd Officer claims driver either flashed, or failed to immediately dim, his high beams as they passed each other. 2nd cruiser reverses direction, passes 1st cruiser and stops driver. Following admission to drinking and the very standard observations of glassy eyes, slurred speech and odor of alcohol the driver is arrested after field sobriety tests. Driver refuses a breath test. Defense prepared to argue Motion to Suppress Evidence, which challenges the validity/constitutionality of the initial stop, which may, or may not, have been based on an actual moving violation. DWI charge dismissed before trial.

Under 21 Driver stopped for Speeding and Failure to Signal Turn. Shift commander hands over investigation to 2nd patrolman that conducts field sobriety tests. Driver completes tests with little difficulty but he is .09 BrAc on a Preliminary/Portable Breath (PBT). Following arrest driver submits to a Draeger Alcotest 9510 breath test with .09 result. At trial the prosecution cannot admit this post arrest breath test evidence. The PBT evidence in not admissible in Massachusetts. Not guilty finding following trial.

Police allege driver was clocked for one (1) mile at 110 MPH on highway, making unsafe lane changes on wet roadway. Police note odor of alcohol, glassy/bloodshot eyes, slurred speech and a denial of drinking. Search of car after arrest discloses empty six pack of bottles in backseat area. Driver refuses all field sobriety tests and refuses post arrest breath test. Refusal evidence inadmissible in Massachusetts. Driver testified that he never travelled at speed alleged and that bottles were leftover from recent trip to redeem all his empties at local package store after cleaning house. He confirms that he did drink two beers before the arrest and never denied drinking. Receipt for 20 bottles from redemption machine time stamped 30 minutes before arrest offered as exhibit by defense. Not guilty verdict following trial.