Author: Developer

Police respond to scene of one (1) car accident where client’s car struck pole at lunch time. Police note odor of alcohol, slurred speech and client chewing gum. Client removed from scene due to injuries to her arm and head without field sobriety testing. Days later police mail citation to client for OUI offense and Negligent Driving. Defense argues Motion to Dismiss for failure to issue citation pursuant to “no fix” statute, which requires notice of offense by citation at time and place of offense. OUI Charge Dismissed.

Police find alleged drunk driver asleep in vehicle which is legally parked on city street. Driver denies any intent to drive, only sleeping until sober enough to drive home safely. Police arrest defendant following field sobriety tests. Post arrest breath test .11 BrAC. Defense prepared to argue operation and will not concede client intended to operate vehicle in light of evidence. DWI Charge Dismissed.

Client stopped for speeding returning to wedding hotel location. Driver admits to “a couple of beers”. Police note an odor of alcohol, but no slurred speech. Officer arrests driver following field sobriety tests. Defense cross exam focused on police observing the accused drunk driver drive normally over the course of almost one (1) mile, actual performance on field sobriety tests, in light of disclosed ankle injury and lack of evidence of impairment. Not Guilty Verdict entered at trial by Court at close of Commonwealth’s case.

Client stopped for marked lanes violation. Police allege driver is spraying body scent throughout car to cover alcohol odor. Police request that accused drunk driver submit to field sobriety testing, however client exercises his right to refuse both field tests and breath test. Defense utilizes booking video to refute claim that client is unsteady and slurring his words. Not guilty verdict following trial.

Police stop client for driving 66 M.P.H. in posted 35 M.P.H. zone. DWI charge with speed violation in excess of 30 M.P.H. over posted results in Aggravated DWI charge, enhanced penalties including jail sentence. Arresting officer testifies that client failed portions of field sobriety tests but did well on others, having admitted to three (3) rum and cokes over course of evening. Defense focuses on lack of evidence of impairment including no evidence of slurred speech, swaying or unsteadiness. Not guilty verdict following trial.

Client is stopped by police for speeding on highway off-ramp. Police allege odor of alcohol, slurred speech and difficulty with field sobriety tests. Defense introduces evidence of client’s surgically repaired toe which would invalidate balance and coordination tests and his heavy French accent that renders his speech difficult to understand. Defense witness, defendant’s wife, refutes the events of the traffic stop and arrest and offers evidence of alleged drunk driver’s sobriety. Not guilty verdict following trial.

Police stop driver after observing him enter mall parking lot through driveway marked “Exit Only.” Driver is barefoot in November and displays evidence of recent leg injury. Police allege he smells of alcohol and admits to a number of drinks earlier. Client accused of drunk driving refuses all field tests following successful completion of alphabet test. Post arrest breath test is .17 BrAC. Defense challenges accuracy and precision of breath test as it relates to required proof of alcohol by weight in blood. Not guilty verdict following trial.

Police respond to scene of single car accident and find car crashed through mailboxes and perched on top of snow bank. Driver denies he’s impaired and refuses to submit to field sobriety tests. Officer alleges client had odor of alcohol on his breath and swayed throughout his contact with him. DWI charge dismissed prior to trial.

Client is stopped by police foot patrol for speeding in downtown area. Police allege client admitted to two drinks, failed portions of field sobriety tests and submitted to .19 BrAC post arrest breath test. Defense challenges validity and accuracy of breath test, including length and volume of breath samples and evidence of stomach alcohol contaminating breath test results. Not guilty verdict following trial.

Driver enters garage/service station on Friday evening seeking assistance with two flat tires. Employee suspects driver is impaired by alcohol based on speech and demeanor and flags down passing police officer. Police investigation leads to OUI arrest. Defense focuses on lack of evidence of impairment and possibility that alleged drunk driver not impaired despite odor of alcohol, unsteadiness, red eyes and slurred speech. Not guilty verdict following trial.