Police respond to scene of single car crash. Under 21 driver denies drinking and tests .00 on preliminary breath test. Police note an odor of burnt marijuana about the driver and his car. Driver refuses to take any field sobriety tests and refuses requested blood test. State intends to go forward with testimony from arresting officer. Defense contends the arresting Police Officer is not qualified to state any opinion at trial regarding the impairing effects of marijuana. DWI Drugs charge dismissed before trial.
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NH DWI Drugs Charge Dismissed
Driver stopped following a citizen cell phone report of erratic operation. When driver is stopped police note several canisters of nitrous oxide which she states are left over from baking party with friends. Police note agitated, unusual behavior, but note of the classic signs of alcohol impairment. Driver’s medical record is replete with disabling conditions and prescribed medication use. Defense contends post arrest blood test reveals only therapeutic levels of prescribed medications. State Toxicologist intends to counter that combined effects of prescribed medications with use of nitrous oxide caused impaired/intoxicated driving. DWI Drugs charge dismissed before trial.
MA OUI Charge Dismissed
Driver stopped following minor fender bender. Admits to drinking just prior to crash. Field sobriety tests may have been invalid for this driver as he has several medical conditions and disabilities. Defense prepares Motion to Exclude Breath Test evidence. Prosecutor cannot go forward with case at the Motion or Trial because they are forced to admit that necessary police witness is no longer available as a Commonwealth witness. OUI charge Dismissed for Lack of Prosecution. 2nd Lifetime finding under Melanie’s Law avoided which includes mandatory jail and/or inpatient sentence, two (2) year loss of license and ignition interlock.
NH DWI Charge Dismissed
Police stop to investigate driver stopped on side of road. Driver is obviously asleep in breakdown lane with engine running. Driver tells police he is lost and stopped to utilize GPS and confirm his hotel reservations. He does admit to drinking some wine earlier. Following field sobriety tests the driver is arrested and submits to breath test with a .09 result. Defense contends field sobriety tests are inconclusive, as shown on cruiser video, and breath test is not proof of illegal level at time of driving without further evidence about exact time of consumption. DWI Charge Dismissed before trial.
NH DWI Charge Dismissed
MA driver stopped in NH for entering flow of traffic without yielding to oncoming traffic. Police wait a significant period of time before they stop driver for this offense as he approaches the Massachusetts border. Cruiser video shows a cooperative older driver who struggles has a cane with him to walk. He struggles with field sobriety tests. Post arrest breath test is .10. Defense prepares to argue Motion to Suppress, that police lacked reasonable grounds to stop the car, and probable cause to arrest. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.
Excellent and reliable.
I was pulled over last year and charged with a DUI. The breath test displayed a .08. After doing some research I opted for Attorney Bowser. My choice couldn’t have been better. Attorney Bowser was thorough, understanding, and professional. His knowledge in DUI cases was superb in helping me make decisions regarding my case. His experience and performance lead to the best possible outcome in my case. Both the original DUI charge and Reckless Operation were dropped and in their stead was accepted a plea of Negligent Operation. If you are in need of a DUI attorney in MA or NH, Michael Bowser is absolutely the best choice. Thank you, Michael.
Fantastic Lawyer!
Attorney Bowser is the best, personal, professional, trustworthy, and hardest working lawyer I have used. He and his staff went over and beyond what I expected in all aspects of my dui case. After many times in court, I only attended one and he represented me on the other occasions without me present, my case was dismissed by the courts. I am so thankful for his service and I was informed of status of my case at all times.
Not Guilty on all charges
Mr. Bowser was extremely helpful in defending me for OUI and negligent operation charges. After a few court appearances, jury trial was set and concluded. It only took them 15 minutes of deliberation to determine that i was not guilty. I would not be where I am today without the help of Mr. Bowser. I am very thankful he was able to help me in my situation and would highly recommend him to anyone who may be in a similar situation. Thank you very much.
MA OUI Charge Dismissed
Driver stopped by police following citizen cell phone report of erratic operation. Driver admits to returning home from Red Sox playoff game where he consumed beers throughout the evening. Police allege driver appears lethargic and speaks with a noticeably slur. Arrests follows standard field sobriety tests. Defense ready to present medical records of facial nerve damage that causes droopy lip and speech issues. At second trial date Prosecutor cannot go forward without necessary police witness. OUI charge dismissed for lack of prosecution.
NH DWI Charge Dismissed
MA Driver stopped by NH police for speeding violation but no other erratic operation. Driver admits to consuming two (2) craft beers with his friends. Police make arrest following standard field sobriety tests and driver’s breath test result is a .09. Defense conducts extensive discovery on breath test device and officer training. Issue with test is the subjects documented Gastro Esophogeal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.