Police pull out to follow driver with defective headlight. He slows in presence of marked cruiser but otherwise drives normally. Driver states he pulled off highway to rest following long drive home from Patriots game. He admits to drinking at the game, but not for quite some time. Driver does reasonable well on field sobriety tests and discloses his history of knee problems. Defense Motion to Exclude Breath Test for failure to establish valid 15 minute observation period is granted. At trial defense submits medical records to establish history of knee injury. Not Guilty finding following trial.
Author: Developer
NH DWI Charge Dismissed
Police respond to two car collision at five way intersection. Driver self extricates from rolled over pickup truck, but he is clearly injured and groggy. He does admit to consuming a beer earlier after hockey and that he thought he had right of way at confusing intersection. Truck is full of tools, hockey equipment and a few empty beer cans. Driver refuses to submit to blood test at hospital. State has missing witness issue that is disclosed prior to trial. DWI charge dismissed.
MA OUI Drugs Charge Dismissed
Police respond to multiple 911 calls of driver weaving across highway lanes and finally crashing into inside guardrail and snow bank. Police find driver outside of damaged car trying to re-enter vehicle and leave. Driver is reported to be confused, lethargic and argumentative, but there is no evidence of alcohol impairment. Police suspect, based on driver’s pinpoint pupils that he is impaired by some controlled substance. Defense files Motion in Limine to exclude any unfounded opinion evidence regarding impairment by any substance, other than alcohol. Government did not disclose an expert witness qualified to state such an opinion. Prosecution agrees to dismiss OUI Drugs Charge on trial date.
NH DWI Charge Dismissed
Biker stopped by Police during Laconia Bike week for red light violation. Driver admits to drinking earlier and is simply following friends back to their campsite. Client submits to field sobriety testing and is arrested and transported to local police station. Post arrest breath test result is .10. Booking video utilized by defense at Administrative License Suspension Hearing to prove arresting officer/breath test operator did not observe the subject prior to the test as required and driver testifies that he was never asked or instructed to remove chewing tobacco from his mouth. ALS suspension vacated. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police begin to follow driver for marked lanes violations and then observe her stop and apparently vomit onto roadway from driver’s seat. Cruiser video depicts the driver being somewhat confused and unsteady as she exits to speak with the Officer. Video also records Officer telling driver she cannot leave and she must wait for a second officer to arrive before they begin field sobriety testing. Defense prepared to argue that field sobriety testing was inadmissible at trial because it was custodial without implied consent warnings and all statements after exit order must be suppressed without proof of valid Miranda warning and waiver. Defense negotiates dismissal of DWI Charge prior to trial.
OUI 2
I got arrested and Charged with OUI 2 in April of 2017 and by November of the same year I walked out of the courtroom with ZERO offenses. Attorney Bowser came highly recommended to me from at least a dozen people, ranging from close personal friends to casual acquaintance. His reputation as a great attorney was only matched by his reputation as a great person. My first offense in 2000, I took the breathalyzer and blew a .24…and he got it vacated! I am convinced that his knowledge of the courtroom and his experience is the reason why that happened, I’m not sure another attorney could have pulled that off. My most recent offense, I failed a field sobriety test admitted to having 4 drinks and a shot. Mr. Bowser took all of the facts and exposed the flaws and lies in the police report ensuring that justice prevailed. After Attorney Bowser presented his well thought out and prepared case, it took the jury all of 15 minutes to unanimously find me NOT guilty.
If you a charged with OUI/DWI in MA or NH and are in need of counsel, you would be doing yourself a TERRIBLE injustice by not at the very least listening to what he has to say before you hire anyone else.
Aside from “it’s a boy”, not guilty might be the greatest phrase a man can hear
I was arrested in 2014 for OUI. Through family and friends; I have some connections to lawyers and I immediately sought advice. The same name came up- “Bowser”. I even was told; he’s the attorney that attorneys go to for OUI advice. Well the man delivered. From the start his confidence gave a good feeling. 3 years after the start with the trial looming and he had all his ducks in a row. He knew the players, he knew the game and he was 10 steps ahead of the DA. “Not guilty” was music to my ears. Nothing in life is Guaranteed; but if you want someone that tells you the truth and delivers on what he says; Michael Bowser is the choice.
Not Guilty Verdict MA OUI Charge
Police stop driver for traveling over center line. Police detect odor of alcohol and slurred speech from the driver, who admits he drifted over line while holding phone and trying to light cigarette. He also admits he was returning home having met friends out earlier for drinks. Police allege driver fails standard battery of field sobriety tests and his post arrest breath test is .14 BrAC. Defense challenge to scientific reliability to Draeger breath test device and Office of Alcohol Testing Calibration protocol results in breath test evidence being excluded. Defense uses booking video to show client’s coordination, balance and apparent sobriety during booking sequence. Not Guilty Verdict following trial.
NH DWI Charge Dismissed
Police respond to 911 call from teenager who reports his father is ill and passed out behind the wheel. Driver is found parked a short distance away walking back to his car from highway rest area. Police note an odor of alcohol and driver admits to drinking a few beers hours earlier. Officer investigates further and learns that driver did feel lightheaded and blacked out in the breakdown lane before making it to the rest area. Arresting officer admits at Administrative License Suspension Hearing that he was unsure whether he had probable cause to arrest until the driver submitted to a Portable Breath Test .11. That test later deemed inadmissible. With medical documentation of a recently diagnosed fainting disorder the Defense negotiates dismissal of DWI Charge prior to trial.
Not Guilty Verdict MA OUI Charge
Police stop vehicle after witnesses it ride up on curb and return to roadway. Driver admits to having a few beers and a couple of shots while watching the Bruins game. Police note his slurred speech and glassy eyes. Driver tells police he has a history of knee problems but completes the field sobriety testing sequence anyway. Arresting Officer attributes her less than perfect performance to alcohol impairment. Defense submits medical records to substantiate knee injury and booking video which shows client minutes after the arrest, cooperative, coherent, steady on his feet and clear and responsive in his speech. Not Guilty Verdict following trial. Earlier finding on OUI Charge in 2002 was vacated by defense due to invalid plea colloquy to avoid lifetime lookback effect of Melanie’s Law.