Author: Developer

Police officers respond to local convenience store for report of intoxicated patron that was just involved in minor collision in parking lot. Police find driver in store buying snacks. He is escorted outside where he reluctantly submits to field sobriety tests after initially refusing same. Defense successfully excludes filed sobriety test evidence based on initial refusal and non- consensual participation. Necessary witness to alleged bad driving fails to appear as witness at trial. Insufficient evidence of intoxication, statements regarding refusal of field sobriety tests excluded, prosecutor cannot prove operation. Not Guilty Verdict following trial.

Police find young driver sitting in running vehicle behind closed school building in early morning hours. Officers note an obvious odor of alcohol and bloodshot glassy eyes. Driver is arrested following standard fields sobriety tests and submits to .17 Breath Test during booking process. Defense utilizes booking video to establish violation of pre-breath test observation period. Motion to Exclude Breath Test allowed. Not Guilty Verdict following trial.

Police respond to scene of reported hit and run. Suspect driver is found walking in a nearby parking lot. Police find him mumbling, unkempt and appearing with extremely constricted pupils. Driver fails all field sobriety test but later tests .00 BrAC on breath test. Criminal complaint alleges OUI Drugs Offense. Defense prepared to argue Motion to Dismiss as Prosecutor lacks evidence from a medical professional on any qualified police witness that can state an opinion as to impairment by any controlled substance other than alcohol. OUI charge is dismissed before trial. Lifetime lookback consequences under Melanie’s Law for subsequent offense avoided.

Husband reports to police station to pick up his spouse who has been arrested. Officer notes an odor of alcohol and that the defendant driver admitted to drinking earlier. Police allege driver fails portions of field sobriety tests administered within the custodial area of the station. There is no evidence of erratic or dangerous driving. Driver refused to provide a breath test sample. DWI charge dismissed prior to trial.

Driver stopped by police for marked lanes violations. Although driver does reasonably well on some field sobriety tests his post arrest breath test is .15 BrAC. Defense argues, but loses Motion to Suppress Stop and Arrest. Matter scheduled for trial and Commonwealth witnesses fail to appear for second time. OUI charge dismissed for lack of prosecution.

Driver stopped for weaving and speeding violations. Police allege driver has bloodshot eyes, slurred speech and an odor of alcohol on his breath. The driver refuses to participate in Field Sobriety Testing and he also refuses post arrest breath test.. Lack of evidence results in DWI charge being dismissed prior to trial.