Author: Developer

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.

Police follow driver for over one mile noting multiple minor marked lane violations. Client admits to drinking and states “I’m in big trouble, I’m going to jail.” Client’s nervousness, fear and embarrassment are evident throughout his field sobriety tests. Not guilty verdict following trial.

Police stop client for marked lanes violation. Driver admits to consuming four beers over several hours. Police note driver fumbled with ignition and wiper controls before exiting car. Evidence supports client’s nervousness and emotional upset, further claims leg injury hampers his ability to complete standard field sobriety tests. DWI charge dismissed prior to trial.

Police officer stops client for speeding violation in downtown area. Client admits to drinking two glasses of wine and one beer over course of evening. Officer alleges young woman fails standard field sobriety tests and submits to post arrest breath test with .15 BrAC. Defense challenges validity of both field sobriety tests and breath test, as it relates to required proof of certain level of alcohol by weight in blood. Not guilty verdict following trial.

In early morning hours police officer finds client sleeping in car parked at Department of Conservation lot adjacent to public beach. Engine running. Client admits to drinking earlier at Celtics game. Police allege client failed field sobriety tests and post arrest breath test is .14 BrAC. Driver is also charged with trespassing as DCR lot is closed to public after dusk. Directed verdict of not guilty entered at trial because driver cannot be charged with operating under influence on “way” open to the public and be trespassing at the same location.

19 year old alleged drunk driver is stopped by police in early morning hours for marked lanes violation. Officer detects odor of alcoholic beverage and client admits that he did drink hours earlier. Field sobriety tests are unremarkable, but post arrest breath test disclosed .04 BrAC (per se offense .02 BrAC for Under 21 Drivers). Defense prepared to rebut accuracy of breath test in light of lack of evidence of impairment. DWI charge dismissed prior to trial.

Client responds to local Police Department in regards to civil restraining order. Officer at station alleges client drives into parking lot erratically, slurs words and is slow and lethargic. Officer requests second patrolman respond to investigate possible DWI Drugs and contact field sobriety tests. Post arrest blood test reveals 17029 ng/ml Butalbital. Defense contrasts testimony of second officer who contradicts observations of first officer and challenges validity of blood test which discloses what should be a lethal level of controlled drug. Not guilty verdict following trial.

Client stopped at sobriety checkpoint roadblock in early morning hours. Driver admits to drinking and police allege she failed field sobriety tests while displaying slurred speech and glassy/bloodshot eyes. Post arrest breath test results .15 BrAC. Defense argues roadblock as conducted is unconstitutional in light of written operational plan which was not followed and scope of allowable roadside inquiry, which was exceeded. Court allows Defense Motion to Suppress. OUI charge dismissed.

Client is stopped by police on rural road in early morning hours. Police allege he drove on fog line and then crossed center line several times, before being stopped outside realty office. Police allege driver failed several filed sobriety tests with post arrest breath test results of .15 BrAC. Defense Motion to Suppress forces government to justify stop of vehicle for traffic violations. Police testimony held unreliable on issue of observed moving violations, in that alleged marked lanes violations occurred, according to police report, in an area that falls well beyond true area of stop. Motion to Suppress allowed, OUI Charge Dismissed.

Police stop client for alleged marked lanes and speeding violations. Officer detects odor of alcohol, red & glassy eyes, and admission to drinking “a few” coming from a bachelor party. Police allege client fails standard field sobriety tests. Defense prepared to challenge validity of tests and utilize booking video to rebut allegations of intoxication. DWI charge dismissed prior to trial.