Author: Developer

Police respond to report of vehicle sliding off road into woods then leaving scene. Police then drive short distance to address where vehicle owner address listed based on reported registration. Home appears empty and vehicle in question not visible. Inquiry at front door results in police entering home without owner’s consent. Police find evidence of underage drinking party and vehicle from crash in garage. Interrogation of minor resident of home leads to admission that he was driver and he left scene of crash in his father’s car. DWI arrest leads to post arrest breath test over legal limit. Defense files Motion to Suppress all evidence based on illegal entry and search of home, including statements made by minor operator and search of garage. DWI charge dismissed prior to trial.

Police respond to report of single car accident with car off shoulder of road resting against utility pole. No one is found at the scene of the crash. Police investigation leads to inquiry of vehicle owner found a short distance away at this home. Owner admits driving the car and leaving the scene on foot. Arrested for DWI based on appearance with bloodshot glassy eyes and odor of alcohol. Defense prepared to challenge proof of operation and time of alcohol consumption. DWI charge dismissed prior to trial.

Police officer stops vehicle on the highway due to the observations of erratic driving made by another off-duty officer. Officer explains situation to the driver, driver says she was using her phone and had recently been released from the hospital for head trauma. The officer notices the odor of alcohol, field sobriety tests follow. Officer forms opinion that the individual is impaired, and arrests the individual for DWI. Defense utilizes medical records to document recent head injury which presents symptoms often misconstrued as intoxication. DWI Charge dismissed prior to trial.

Police officer stops a vehicle due to a defective driver’s side tail light. Upon making contact with the driver, the officer immediately notices the odor of alcohol coming from the driver’s breath. Officer begins to perform field sobriety tests, and at the conclusion of the tests the officer makes the arrest. Subsequent breath testing and blood testing just below legal limit. DWI charge dismissed prior to trial.

Police begin to follow a vehicle after observing the driver turn without using a directional signal. The officers then observe more erratic driving and pull the vehicle over. Officer notes a distinct odor of alcohol and behavior consistent with someone under the influence. Field sobriety tests are conducted, results lead to an arrest. Post arrest breath tests result .15. Defense files motions to exclude the breath test and dismiss criminal complaints due to loss or destruction of exculpatory evidence. DWI charge dismissed prior to trial.

Police begin to follow a vehicle on the highway after observing inconsistent speed changes and erratic driving. The officer pulled the vehicle over shortly after the driver left the exit ramp. The officer notes a strong smell of alcohol and strange behavior by the driver. The officer also sighted an opened alcoholic beverage in the cup holder. The officer begins standard field sobriety tests but driver refuses to submit to all requested tests. Defense limits testimony regarding refusal of field sobriety test. Not guilty verdict following jury trial.

Police respond to a report car crash; a driver had lost control of their vehicle and hit a tree on the side of the road. Police find the vehicle and the driver who had sustained a minor lip injury in the crash. The officers note the odor of alcohol on the driver’s breath; driver admits to having a few beers earlier that night, open containers found in vehicle. It was determined that due to the driver’s injuries field sobriety tests would be unreliable. The officers determined that based on their initial findings, the driver’s ability to operate a motor vehicle safely was impaired by alcohol. The officers placed the driver under arrest and accompanied him to the hospital for treatment of his injuries. Defense utilizes emergency room records to contradict police opinion of intoxication. Not guilty verdict following jury trial.