Author: Developer

MA Driver Stopped by NH police for speeding but no other erratic operation. Driver admitted to consuming one (1) beer and had a strong odor of alcohol on his breath. After administering Standard Field Sobriety Tests and determining that the driver failed the tests, the officers arrested the driver for Driving While Intoxicated. Suspect submitted to a breath rest, resulting in a 0.13 BAC. Issue with test is the subject’s documented Gastro Esophageal 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.

Overnight shift worker stopped mid-morning by police at construction site for failure to signal turn. Officer notes driver is from out of town and he also detects an odor of alcohol from the vehicle and driver’s glassy eyes. After determining that driver is lost and struggling to find correct route home with construction detours Officer offers to retrieve his roadmap and give her directions. When he returns to car he notices the driver is now sobbing. At this point officer begins more intensive questioning that leads to DWI arrest. Defense files Motion to Suppress arguing scope of initial detention was illegally expanded. DWI charge dismissed before trial.

Driver is found parked safely in break down lane sleeping behind wheel. Admits to police that he pulled over because he realized he wasn’t feeling safe to drive due to alcohol consumed and fatigue. Following field sobriety tests the operator is arrested and submits to post arrest breath test of .08 BrAC. DWI charge dismissed prior to trial.

Police respond to scene of single car crash with vehicle off road into tree. Client is found outside of vehicle disoriented and unsteady. Police note odor of alcohol, bloodshot glassy eyes and fact that client admits to being driver, but cannot explain how accident happened. Cruiser mounted video records roadside statements and field sobriety tests. Police note driver’s side airbag is smeared with blood and passenger side of windshield is fractured. Defense contends at trial that the defendant’s admission is unreliable and inconsistent with the physical evidence, as he does not have any injuries or lacerations that would account for blood on driver’s side airbag. Further, prosecutor cannot establish time of crash in relation to when police actually arrive on scene. Not guilty verdict on DWI charge after trial.

MA Driver stopped for having an expired inspection but no other erratic operation. Driver admitted to consuming 3 drinks and police note he has bloodshot eyes and an odor of alcohol on his breath. Driver refused both Field Sobriety Testing and Chemical Testing. Evidence of field sobriety test refusal and chemical test refusal inadmissible in MA OUI prosecution. Not guilty verdict following trial.

Driver stopped for crossing marked lanes on highway. Driver admits to consuming a couple of drinks. Law enforcement administered Standard Field Sobriety Tests and determined that the driver failed the tests. The driver was arrested for Operating Under the Influence. The driver later refused a chemical test. Evidence of breath test refusal is not admissible in MA OUI Prosecution. The suspect testified that he admitted to drinking, though not in the amount the police officer claimed. He further testified that he did not fully understand the instructions for the field sobriety tests due to his hearing loss and highway traffic noise. Not Guilty verdict following jury trial. Lifetime lookback consequences of Melanie’s Law avoided. Three (3) year chemical test refusal (CTR) refusal vacated by Court following acquittal on OUI charge.

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.

Police stop driver outside busy downtown nightclub for alleged wrong way violation and failure to signal turn coming out of parking lot. Officer notes glassy/bloodshot eyes and an odor of alcohol coming from driver, but driver refuses field sobriety tests stating, “I’m all right, I’m not drunk.” Driver arrested for DWI. Defense prepared to argue Motion to Suppress challenging basis for stop and Motion To Dismiss for failure to preserve booking video. DWI charge dismissed prior to trial.

Police respond to two (2) car crash where one vehicle collides head on with second vehicle travelling in opposite direction on on/off ramp of highway. First car jumped narrow median separating lanes. Driver is questioned by police and admits to having one (1) drink while waiting to pick up Chinese food take out order and that he left lane of travel due to deer in road. Driver refuses to participate in any field sobriety tests due to physical disability and also refuses post arrest breath test. DWI charge dismissed prior to trial. Massachusetts resident avoids potential ten (10) year suspension of Massachusetts license under Melanie’s Law due to prior lifetime offenses well beyond the ten (10) year look back period in New Hampshire for subsequent offenses.