Author: Developer

Police stop alleged drunk driver for weaving within her lane and speeding. Officer notes odor of alcohol, admission to drinking, and slurred speech. Field sobriety tests at roadside are conducted in the break down lane of a busy highway. Officer alleges driver failed all three (3) standard field sobriety tests and appeared intoxicated. Defense prepares for trial on three (3) separate occasions ready to present testimony of friend and passenger on the issue of the driver’s mental state which contributed to her appearance as possibly impaired. Government cannot go forward due to missing witness on final trial date. OUI charge dismissed.

Police respond to scene of accident where car apparently struck highway sign at off ramp. License plate at scene in debris field leads police to alleged drunk driver’s home. Question arises as to the legality of the police entry into the home at 2:00 a.m. which defense is ready to challenge. Field sobriety tests are conducted in the client’s kitchen with his parents looking on. Defense cites lack of evidence as to when consumption of alcohol occurred, either before or after the alleged drunk driver arrived home. Post arrest breath test discloses .14 BrAC. DWI charge dismissed prior to trial.

Alleged drunk driver is stopped while driving slowly down rural road looking for friend’s lake house. Police note an odor of alcohol and allege driver appeared glassy-eyed and lethargic and extremely unsteady on his feet once out of the car. Driver discloses recent knee injury and surgery which may affect his performance on field sobriety tests. Second officer on scene, trained as a drug recognition expert (DRE) observes driver’s tongue to be “greenish” in color which he opines is evidence of recent marijuana consumption. Several empty beer cans found in cooler in car. Defense utilizes booking video and client’s medical records to counter government case. DWI charge dismissed prior to trial.

Police are called to convenience store to investigate a fender bender that happened in the parking lot and was witnessed by the store clerk. Clerk alleges drunk driver hit another car in lot with his truck and then proceeded to enter the store in an attempt to hide from witnesses and police. Store clerk testifies that he had to pull the driver from the bathroom to hand him over to police. Arresting officer testified that when he arrived at store the alleged drunk driver was standing at the store cashier counter buying an item. The police allege the driver became argumentative and uncooperative at the scene prior to his arrest. The defense excludes this evidence as violating the defendant’s right against self-incrimination as his behavior amounted to a refusal to participate in field sobriety tests which is inadmissible in Massachusetts’ OUI prosecutions. Not guilty verdict following trial.

Police stop erratic driver at 7:30 a.m. in busy weekday commuter traffic. Driver denies alcohol consumption but admits that he took several of his regular medications as prescribed, including painkillers and anti-anxiety drugs. Driver has difficulty with several filed sobriety tests and is arrested charged with Operating Under the Influence of Drugs. At the station the driver agrees to participate in a Drug Recognition Evaluation (DRE) and he answers several questions regarding his use of prescribed narcotic drugs. Defense argues that entire DRE interview and evaluation process occurred without the defendant receiving, acknowledging or waiving his right to remain silent under Miranda. Motion granted and all statements are suppressed as evidence. Defense further excludes Drug Recognition Evaluation opinion testimony as government cannot overcome challenge to scientific validity of Drug Recognition Evaluation protocol and training process. OUI Drug Charge dismissed.

Police stop alleged drunk driver for failure to yield to police cruiser entering main road from side street. Prosecution alleges poor performance on standard field sobriety tests. Defense produces medical records documenting client’s painful foot injury which affects performance on balance/coordination tests. Booking video depicts cooperative, alert and attentive driver immediately following arrest. DWI charge dismissed.

Police called to scene of disabled pick-up truck by tow truck operator. Tow operator believes owner of vehicle is impaired by alcohol. Police find several empty beer cans in and around the truck. The driver denies drinking anything until he had to sit and wait over one (1) hour for the tow truck to arrive. Driver submits to field sobriety tests and fails all tests. He later refuses the breath test. Defense prepared to argue State cannot prove operation and impairment by alcohol at the time of operation. DWI charge dismissed prior to trial.

Police stop alleged drunk driver for speeding violation after watching him drive from parking lot of local tavern. Defense challenges arresting officer’s version of roadside encounter with driver and sequence of field sobriety testing. Client testifies as to his version of events, including operation, alcohol consumption, and roadside encounter with police. Not guilty verdict following trial.