Author: Developer

Client stopped for speeding violation on highway and is arrested for OUI. Post arrest breath test discloses .09 BrAC. Arrest report does not disclose involvement of any other person or driver at scene of arrest. Defense investigation through alleged drunk driver intake reveals second motorist stopped in the breakdown lane at scene of client’s stop, engaged police with requests for directions, and was then arrested at scene for possession charge and transported and booked with client. Defense raises police failure to disclose “two for one” arrest scene or identity of witness. OUI charge dismissed for lack of prosecution.

Client stopped at Roadblock Sobriety Checkpoint. Police allege client failed field sobriety tests and submitted to breath test with result of .14 BrAC. Defense files Motion to Suppress challenging the validity and constitutionality of Police Roadblock as conducted. Court rules government cannot establish police conducted roadblock pursuant to latest and most stringent guidelines. Motion to Suppress granted. OUI Charge Dismissed

Client is stopped on highway for speeding violation. Officer detects odor of alcohol and client admits to two (2) drinks with dinner. Following exit order client refuses to participate in field sobriety tests because they are “tricks” used by police. Defense utilizes booking video to demonstrate client’s appearance and demeanor following arrest. NH drunk driving case dismissed before trial.

Police respond to 911 complaint about vehicle parked on lawn of apartment building. Officer finds client sitting behind wheel of car, keys in ignition, eating McDonalds food. Vehicle is well onto lawn with tire tracks leading back across lawn, over curb and sidewalk into public way. Police allege driver failed field sobriety tests after asking officer if he could “take a piss” before starting. Defense cross exam establishes officer failed to record any other statements made by client during long field interview and that police never investigated possibility that another driver left car on lawn. Not guilty verdict following trial.

Police observe driver exit corvette in front of restaurant/bar at closing time. It appears client is refused entry, returns to car, and according to police, revs engine, spins tires and launches corvette towards front window of tavern stopping just short of crashing through window twice. Client pulled from car where upon he make incriminating statements about driving and drinking. Post arrest breath test .19 BrAC. Defense excludes breath test due to machine error and police violation of sample capture rules. Defense Motion to Suppress all statements also allowed before trial. Not guilty verdict on DWI and Felony Reckless Conduct after trial.

Police respond to 911/citizen report of driver leaving retail store and possibly impaired by alcohol. Police stop driver, who submits to and fails several field sobriety tests. Police initially decide to charge OUI Drugs because Preliminary Breath Test (PBT) discloses only .05 BrAC. Criminal complaint issues of OUI Liquor but police did not properly advise client of each and every implied consent right, including right to independent medical/doctor exam. Defense Motion to Dismiss granted. OUI Charge Dismissed.

Alleged drunk driver stopped for speeding returning from rained out Red Sox game. Admits to drinking a few beers earlier. Police allege he failed field sobriety tests and then attempted to gain favor by claiming to be a firefighter, then a police officer then a truck driver. Defense presents evidence that police misconstrued the defendant’s actual statements which were he was a father, his brother and passenger was a firefighter, and he would not take a breath test because he had once worked as an auxiliary police officer and was familiar with the machine’s limitations. Not guilty verdict following trial.

Police respond to scene of two (2) car accident, where client has crashed into back of parked tractor trailer on side of highway. Client clearly injured in crash with airbag deployment, but refuses medical treatment. Client is lost and admits to speeding and driving poorly. Police allege client is upset, irrational and belligerent during booking following his arrest for OUI. Defense puts in evidence of defendant’s alleged refusal of breath test to show he wanted to take breath test and then blood test, but was denied both by police, thereby explaining his behavior and emotions. Not guilty verdict following trial.

Client arrested by police for alleged NH drunk driving offense and brought to the station where he agrees to submit to requested breath test. Arresting officer deems client a refusal on the breath test because he will not submit enough breath for valid breath test. Machine operator notes that client appears to be trying to blow properly. Driver tells police that he has limited lung capacity due to history of collapsed lung. Administrative hearing officer agrees with defense that client’s disability did not render his attempted performance of the test a “refusal.” Six (6) month breath test refusal license suspension vacated after hearing.

Accused drunk driver stopped by police for allegedly running stop sign in early morning hours. Police allege client performed poorly on field sobriety tests, including alphabet, one-leg stand and walk and turn test. Defense prepared to challenge validity of tests with photographs of roadway and stop area. OUI complaint dismissed for lack of prosecution when Government unable to go forward on second trial date.