Author: Developer

Massachusetts driver stopped at NH Sobriety checkpoint and ultimately arrested for DWI. Defense sucessfully argues at administrative license suspension (ALS) hearing that police lack reasonable grounds to believe driver was in fact DWI in light of good performance on field sobriety testing. Administrative suspension based on breath test refusal vacated following hearing. NH DWI charge dismissed.

Marine Patrol stops NH boater for failure to display stern light. During safety check officers note slurred speech, odor of alcohol and lethargy. During field sobriety tests on Marine Patrol vessel operator begins to display further signs of impairment and/or an oncoming medical condition. Boater faints and goes unconscious at conclusion of field sobriety testing. Defense sucessfully argues underlying medical condition caused boater to appear impaired and ultimately pass out. Government cannot rule out underlying medical condition as cause of symptoms. Not guilty verdict in this NH DWI charge following trial.

Driver involved in side-swipe collision on narrow rural roadway coming home from wedding. Police investigation at scene leads to OUI arrest. Post arrest breath test of .15 BrAC is challenged by defense as result of gastro-esophogeal reflux disease (G.E.R.D.). Government unable to proceed at time of trial due to missing witnesses, MA OUI charge dismissed in this case.

Operator stopped by police for alleged red light violation. Driver agrees to participate in field sobriety testing but first officer leaves scene before handing off investigation to a second officer who arrives as back-up. Defense prepared to argue validity of initial stop and detention. Government cannot produce necessary witnesses at time of hearing to support legality of the detention and arrest. MA OUI Charge dismissed.

Operator stopped by NH police for speeding violation. Open containers are found at the feet of the passenger and police allege driver displayed odor of alcohol, slurred speech and poor balance and coordination during field sobriety tests. Defense challenges validity of field sobriety in light of driver’s physical disabilities and serious medical conditions, including recent knee surgery. Evidence of breath test refusal countered by driver’s willingness to take blood test which police will not allow. Not guilty verdict in this NH DWI case following trial.

Operator stopped by NH police following 911 cell phone report of erratic driving. Field sobriety tests are completed and police allege poor performance, odor of alcohol, glassy eyes and slurred speech. Post arrest breath test of .14 BrAC is excluded by defense at trial due to government’s failure to produce certifying technician to explain inconsistencies in calibration/certification documentation. Not guilty verdict on NH DWI per se and Under the Influence complaints.

NH Police respond to scene of single car off road into snow bank. Elderly driver tells police he as forced off road by errant snow plow. Police do not note any signs of impairment while speaking with the driver and making arrangements for a tow truck. Several minutes later the driver approaches the officer conducting traffic control to complain about the cost of the tow. Only during this third conversation does the officer not an odor of alcohol and that the elderly driver walks with an obvious limp. When questioned the driver admits to having one vodka drink in a goblet sized glass one (1) hour earlier at a friend’s house. The officer requests that the driver stay on scene to complete field sobriety tests which he fails. Post arrest breath test results are .12 BrAC and .11 BrAC. Defense files and argues Motion to Suppress alleging Police did not have reasonable articulable suspicion to detain driver and insist that he participate in field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. Defense Motion to Suppress granted, NH DWI charges dismissed.

Alleged NH drunk driver is cut-off in heavy traffic while riding his motorcycle at biker rally. Collision with second motorcycle causes him to crash bike and sustain serious injury to his lower leg and ankle. Due to circumstances of crash and parties involved the driver is hesitant to speak with police about what happened. Several onlookers press police to arrest driver for DUI. Police follow driver to hospital where he refuses to take a blood test. Defense cites lack of evidence of impairment, NH DWI charge dismissed prior to trial.