Author: Developer

Alleged DWI perpetrator stopped by police for marked lanes violation. Admits to drinking. Police allege defendant appeared unsteady with an odor of alcohol, slurred speech and glassy eyes while performing poorly on standardized field sobriety tests roadside. Defense utilizes police booking video taken minutes after arrest which depicts client as collected, clear headed, articulate and steady. DWI charge dismissed prior to trial.

Alleged drunk driver arrested following high speed chase and submits to post arrest breath test with .15 BrAC results. Defense obtains booking video which includes evidence that police violated statutory provision that defendant be advised of right to independent medical evaluation, police did not properly conduct fifteen (15) minute pre-test observation period and police allowed breath test to continue despite fact that defendant clearly burped just minutes before the breath test. Defense Motion to Dismiss OUI charge for statutory violations allowed.

Client causes rear end collision at busy intersection outside hospital. Upon arrival Police allege they detect odor of alcohol and slurred speech with an admission to drinking hours earlier. Accused drunk driver is transported for medical evaluation of possible head injury without field sobriety tests being conducted. Defense utilizes medical records, which do not reference alcohol or indicia of impairment to rebut officer’s observations. OUI charge dismissed by Court on Defense Motion to Dismiss.

Police allege client’s vehicle operated on, but not over center line with defective brake light. Following stop driver admits to drinking, allegedly fails field sobriety tests and fails post arrest evidentiary breath test. Defense successfully argues motion to suppress utilizing cruiser video and independent video of client’s vehicle with lights on. Both videos show only one (1) of six (6) possible rear marker lights was out, although all brake lights, turn signals and back up lights worked properly. Further driving briefly on center line, as opposed to over it does not constitute a moving violation. Defense Motion to Suppress Stop as illegal allowed. OUI charge dismissed.

Client stopped by police for weaving within marked lanes in heavy traffic at beach. Client admits that he drank only “two beers” and was fumbling with his cell phone while driving causing the vehicle to weave. Police allege client fails field sobriety tests, although he discloses prior to tests that he has severe leg pain and lower limb disability due to earlier traumatic injuries. DWI charge dismissed prior to trial.

Client stopped for speeding coming home from high school graduation party. Client admits to drinking and submits to field sobriety tests. Defense prepared to challenge field sobriety tests in light of client’s position facing moving traffic during horizontal gaze nystagmus test and use of uneven, unpaved portion of roadway shoulder for balance and walking tests. Defense also prepared to offer testimony of client’s passenger that driver was safe and sober. DWI Charge dismissed prior to trial.

Client approaches abandoned vehicle on highway being attended to by police and tow truck in early morning hours. Police allege client drove dangerously close to officer in roadway tending to flare display. Client accused of drunk driving stopped and ordered from car for field sobriety tests following admission to drinking. Defense prepared to challenge validity of field sobriety tests given adverse weather conditions and client’s level of fatigue following long week of second shifts. Booking video offers evidence of client’s condition in the minutes following the arrest. DWI charge dismissed prior to trial.

Client falls asleep at wheel driving home, strikes vehicle in front of her, and flips car onto side in highway breakdown lane. Police respond and put client through field sobriety tests after she admits to having drinks with friends after work. Defense cross exam focuses on client’s excellent performance on most of the field sobriety tests in light of the chaotic atmosphere of the accident scene. Post arrest breath test of .12 BrAC excluded as evidence. Not guilty verdict following trial.

Client enters police station to bail out friend, who has been arrested for OUI. Desk Officer offers to make change for the client so he can buy soda from machine in waiting area. Upon entering waiting area, Police Officer alleges client has overwhelming odor of alcohol coming from his breath, slurs his words and struggles for two (2) minutes trying to put correct change into soda machine. Officer requests client submit to field sobriety tests which he starts but then refuses to complete. At trial police officer testifies that client was, in his opinion “wasted.” Not guilty verdict following trial.

Police stop driver for speeding violation. Client admits to consuming “a few” drinks and is asked to perform field sobriety tests. Client informs officer that he has balance and leg problems. After arrest client refuses breath test. Defense prepared to offer evidence of client’s prior medical conditions, including substantial weight loss following stress fractures to both legs, as they invalidate field sobriety testing. DWI charge dismissed prior to trial.