Author: Developer

Client is followed in parking lot of late night convenience store by police who had clocked him speeding. Client admits to drinking after playing basketball earlier that evening. Client’s performance on some of the field sobriety tests is near perfect, while he has difficulty with others. DWI charge dismissed prior to trial.

Client stopped for speeding on country road. Tells police that she is driving friend home from Chinese restaurant where she consumed two (2) drinks in last hour. Police allege driver failed field sobriety tests. Post arrest booking video utilized to refute claims that client was impaired, unsteady or slurring her words. DWI Charge Dismissed prior to trial.

Police respond to report of erratic operator on highway. Reporting civilian witnesses follow driver to his home and watch him exit car in driveway and enter home. Police respond some time later, interview client and arrest him following field sobriety tests in driveway. Post arrest breath test .11 BrAC. Defense presents evidence that client arrived home without incident, proceeded to pour himself a drink and was on his second drink and speaking to his wife on the phone when the police arrived unexpectedly at his door. Not guilty verdict following trial.

Alleged drunk driver stopped for speeding. Denies that he was drinking this night. Police detect odor of alcohol, red/glassy eyes and unsteadiness upon exit. Police allege defendant performed poorly on field sobriety tests and refused post arrest breath test. Defense presents evidence of client’s prior medical conditions including injuries to his toes, knees and inner ears, all of which invalidate field sobriety tests. Not guilty verdict following trial.

Police conducting building check see client’s truck leaving parking lot at high rate of speed. Officer later sees same truck stopped at a green light some distance away. Vehicle stopped, police note odor of alcohol and admission that driver had a couple of beers earlier at a party. Police note driver’s zipper down, client explains that he was hoping to get lucky with his girlfriend earlier in parking lot. Defense challenges police administration and interpretation of field sobriety tests and argues driver’s refusal of breath test is explained by his earlier experience with the machine, which he does not trust. Not guilty verdict following trial.

Driver accused of drunk driver is stopped at Sobriety Checkpoint Roadblock driving home. Admits to screening officer that he went out for drinks after work. Driver arrested following field sobriety tests, post arrest breath test .15 BrAC. Defense files Motion to Suppress, challenging the validity and legality of the Roadblock as conducted. Government cannot meet its burden to justify Roadblock as conducted. OUI Charge Dismissed.

Client is stopped on highway for speeding and marked lanes violations. Police note an odor of alcohol, slurred speech and poor performance on field sobriety tests. Defense focuses cross examination of arresting officer on evidence of sobriety not included in the arrest report, location of the field sobriety tests, and absence of any video depicting custody and booking sequence. Not guilty verdict following trial.

Client stopped at Roadblock and is subsequently arrested for OUI offense. Post arrest breath test is .14 BrAC. Defense files Motion to Suppress Warrantless Stop and Arrest at Roadblock. Government cannot meet its burden to justify the stop pursuant to the strict guidelines in place and recently developing case law on the issue of roadblocks. OUI Charge dismissed.

Client stopped by police for marked lanes violation. Police note odor of alcohol and difficulty controlling wiper blades, headlights and ignition during stop. Driver extremely nervous and apologetic, noting his decision to go out was a mistake with a child at home. Police allege poor performance on field sobriety tests and a post arrest breath test of .11 BrAC. Defense negotiates a dismissal of the DWI charge prior to trial.

Police officer turns to follow vehicle on country road after noting one of the front “marker” lights was out. Officer runs plate, which comes back registered to different vehicle, and then stops vehicle for marker light violation and plate violation. Later determined that Officer typed in wrong plate # and car is actually properly registered. Under 21, client accused of drunk driving admits to drinking, but denies impairment, as he is driving home two girls, one of whom is passed out in his back seat. Driver arrested after field sobriety tests for DWI. Court allows defense Motion to Suppress, agreeing that “front marker light” is not required equipment under the motor vehicle code, nor is light being out a basis for a civil motor vehicle infraction. Stop deemed illegal, DWI complaint dismissed.