Author: Developer

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.

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.

Driver stopped at Sobriety Checkpoint Roadblock. He admits to screening officer that he had a couple of drinks at concert and is returning home with his girlfriend. Police note the standard clues of impairment to include slurred speech, glassy/bloodshot eyes and an odor of alcohol. Driver does reasonable well on fields sobriety tests but is .10 BrAC on both Portable Breath Test (PBT) and post arrest breath test. PBT evidence is not admissible in Massachusetts. Defense challenge to scientific reliability of Draeger Device excludes post arrest breath test evidence .10. Defense focuses on good driving performance through checkpoint and screening areas and field sobriety testing as recorded by police. Not Guilty Verdict following trial.

Driver stopped for speeding and passing too closely to tractor trailer on highway. Client admits to drinking and submits to standard field sobriety tests. Police allege he fails testing and is very unsteady at roadside, and that he presents with glassy eyes and an odor of alcohol. Defense challenge to scientific reliability to Draeger breath test device results in .11 Breath Test result being excluded as evidence. Booking video utilized by defense to show client’s apparent sobriety, coordination and balance immediately following the arrest. Not Guilty Verdict following trial.

Police stop client’s vehicle for speeding and marked lanes violations. Driver is asked to exit to perform field sobriety tests after police notice an odor and alcohol emanating from his breath, his glassy eyes and somewhat slurred speech. Police officer admits he does not include all of the statements made by the driver in his report, but does include his alleged admission “we both know I’ve had too much to drink.” Defense efforts to challenge scientific reliability of Draeger Breath Test Device results in .12 BrAC breath test being excluded as evidence. Defense focuses on field sobriety testing as routine activity only for Police Officers and incomplete nature of investigation. Not Guilty Verdict following trial.

Driver stopped for speeding violation. Police note an odor of alcohol, glassy eyes and slurred speech from the driver. Client admits to drinking earlier, but not for several hours. During field sobriety testing the driver discloses prior ankle injury from work place incident but attempts one leg stand and walk and turn test. Defense negotiates dismissal of DWI charge prior to trial.

Police watch client’s vehicle come to stop at intersection and then proceed. Short distance later car stops and driver and passenger get out of vehicle and switch positions. Police stop car based on this “suspicious” activity. Client/Driver, now in passenger seat admits to drinking and performs less than perfect on field sobriety tests. Arrest follows. Defense prepared to argue that stop of vehicle was without reasonable cause and defendant’s pre-existing medical conditions made him unsuitable candidate for field sobriety tests. DWI charge dismissed prior to trial.

Police pass client’s vehicle driving 45 MPH in 30 MPH zone. After stop for speeding violation officer notes client trying to hand over license through closed window and then overwhelming odor of alcohol and glassy eyes when driver fumbles and finally opens window. Police allege driver presents with slurred, slow speech, fails Walk & Turn test, One Leg Stand Test and Alphabet test. Defense successfully excludes evidence of .12 post arrest breath test. Not guilty finding following trial. Subsequent offense penalties under Melanie’s Law Lifetime Lookback provisions avoided.