Author: Developer

Police respond to a call of erratic driving. The officer follows the suspected vehicle observing several motor vehicle infractions including neglecting red traffic signals and crossing yellow lines multiple times. Officer conducts a motor vehicle stop. Officer notes a faint smell of burnt marijuana, asks driver to submit to sobriety testing to which the driver agrees. Officer asks driver to remove hands from pockets on multiple occasions, leading the officer to pat search the individual. Officer discovers bag of material resembling marijuana, driver admits to having smoked marijuana prior to operating his vehicle. Officer conducts sobriety tests, arrest follows. Defense limits officer testimony regarding standardized field sobriety testing, as they were not designed or promulgated to detect impairment by marijuana. Defense further limits officer’s ability to render an opinion as to impairment by marijuana. Not guilty verdict following trial.

Police at an OUI roadblock instruct a driver to pull into a nearby parking lot for further questioning after noting the smell of alcohol and that the driver’s eyes appearing glassy. Police ask if the driver will perform field sobriety tests for them, the driver agrees and struggles to get out of the car. At the conclusion of the tests the officers arrest the driver. Post arrest breath test .14 BrAC. OUI charge dismissed for lack of prosecution when government is unable to go forward with necessary witnesses.

Police conduct a motor vehicle stop after observing driver on the wrong side of the road. Upon making contact with the driver police note the smell of alcohol and physical appearance/conduct consistent with an intoxicated person. Officer conducts field sobriety tests, arrest follows. Defense prepared to argue motion to suppress based on stop of vehicle and destruction and/or loss of booking video by police. DWI charge dismissed.

Officer conducting stationary laser radar enforcement pulls a vehicle over for speeding. While speaking to driver officer notes the individual’s glassy, bloodshot eyes and that an odor of alcohol was coming from the vehicle. After conducting field sobriety tests, including a breath test that read .117, officer arrests the driver. Defense motion to suppress granted court ruling that mere presence of odor of alcohol from the vehicle and the defendant’s bloodshot/glassy eyes were not sufficient grounds to further detain the driver during a speeding stop.

Police respond to a call of an individual in violation of a bail protection order. Police arrive on scene at the address finding a vehicle parked there. Officers make contact with the residence owner and form the opinion that she was intoxicated. They then proceed on foot in search of the individual in violation of his bail order. Another officer later notices vehicle that was parked at the residence driving and pulls the vehicle over. Officer identifies driver as the owner of the residence involved in the bail order, also notes the driver’s slurred speech and glassy eyes. Officer conducts field sobriety tests, place driver under arrest. Defense utilizes cruiser mounted video of stop and field sobriety testing as well as driver’s medical records related to a recent ankle surgery to cross examine arresting officer. Not guilty verdict on DWI charge after trial.

Police respond to a report of boating accident involving two boats and severe injuries. Officers arrive on scene, emergency response personnel treat the injuries of the wounded. The officers begin questioning the individual allegedly driving the boat. The officers note the strong smell of alcohol on the individual and that the individual’s eyes were bloodshot and glassy. After conducting field sobriety tests, the officer arrests the individual. At trial government is unable to prove the identity of the operator of the subject vessel based on limited testimony and lack of witnesses. Not guilty verdict on boating while intoxicated charge results from trial.