Author: Developer

Out of state resident made aware of pending DWI default from several years prior which he thought was resolved. Client returns to NH to remove default and challenge DWI charge. Government contends they will go forward with original police witness, who has since moved on to federal law enforcement duties overseas, via telephone or video conference testimony. Defense refuses to waive right to confront witness live in court. DWI charge dismissed prior to trial.

Elderly client stopped by police for expired registration plates returning from late dinner with friends. Accused drunk driver admits to drinking two beers and completes field sobriety tests to the best of his ability. Preliminary Breath Test (PBT)at roadside reports .11 BrAC. Client refuses subsequent breath test at station. Defense contends PBT is inaccurate given inherent limiations in fuel cell technology and client is not an appropriate candidate for field sobreity tests given his advanced age. DWI charge dismissed prior to trial.

Client stopped by police following several civilian cell phone reports of erratic operation. Police allege client failed standard field sobriety tests and placed in custody at roadside after 7:40 p.m. Post arrest breath test administered at police station results in .20 BrAC reported at 8:03 p.m. Court allows defense Motion to Exclude Breath Test Evidence because government cannot establish a valid fifteen (15) minute waiting observation period preceded breath test, in light of arrest time, travel and transport to station and reported test time.

Police observe accused drunk driver’s vehicle turn through intersection at high rate of speed with screeching tires. Following stop police allegedly observe slurred speech, unsteadiness and a strong odor of alcohol. Client arrested following standard field sobriety tests. Defense prepared to challenge accuracy and validity of field tests and post arrest .12 breath test in light of client’s booking video where he is polite, steady and clear and concise in his speech. DWI charge dismissed prior to trial.

Client arrested for alleged OUI offense and transported to police station where she submits to breath test at police direction. Breath test machine reports “ambient air failure,” and aborts testing sequence. Police re-start machine and direct client to submit new breath samples seven (7) minutes later, with reported results of .25/.27 BrAC. Defense argues pre-trial motion to exclude breath test evidence for police failure to conduct a new fifteen (15) minute observation period upon reported “ambient air failure” as required by breath test machine manufacturer’s manual and police breath test operator training manual. Court allows Defense Motion, excluding breath test evidence at trial.

Client is transported to hospital following rear end collision with injuries. Police at scene allege driver is highly intoxicated and follow him to emergency room where he is treated. Police seize hospital blood draw and laboratory results for alcohol screen without the client’s consent and without prior judicial approval or search warrant. Defense argues that government seizure of private/privileged medical records, tests and samples violates federal H.I.P.P.A. law and state search and seizure law. Court allows defense Motion to Exclude blood test evidence.

Accused drunk driver stopped for speeding in early afternoon. Police officer speaks to driver about violation, obtains license and registration and then returns to cruiser to write ticket. Upon return to driver’s window officer detects an odor of alcohol for the first time, which leads to exit order, field sobriety tests and subsequent arrest. Inventory search of vehicle discloses open containers. Speed in excess of 30 M.P.H. over posted leads to Aggravated DWI Charge. Defense prepared to argue that police officer illegally expanded scope of initial speeding stop, which was concluded, when only observation of alleged impairment was an odor of alcohol. Aggravated DWI and DWI charges dismissed before trial.

Police respond to scene of day time roll over accident where client is found dazed and bleeding outside of vehicle. Witnesses allege client flipped vehicle trying to pass slow moving construction vehicle. Police note odor of alcohol coming from driver’s breath and open containers within vehicle. Client is transported to hospital but no blood is drawn and field sobriety tests do not occur. Defense obtains dismissal of OUI Charge when government not prepared to go forward on second trial date.

Police respond to report of “incident” at restaurant between patron and waiter. Several police officers respond to scene and take report from waiter that patron who just left was unruly and rude with waiter when asked to quiet down. Radio call goes out to stop patron who has exited parking lot and is driving away in a certain SUV. After stop, client admits that he had words with waiter and that he drank at dinner with friends. Police allege slurred speech, unsteadiness and poor performance on all field sobriety tests. Client arrested and charged with OUI. Court allows defense Motion to Suppress, holding that police lacked legal justification to stop and detain client based on vague report of “incident.”

Police stop client for driving too fast past municipal snow plow during raging snow storm. Client admits to drinking but refuses post arrest breath test. Police allege she failed certain field sobriety tests at roadside. Defense prepared to challenge field tests in light of adverse weather conditions and unsuitable footwear. NH drunk driving case dismissed prior to trial.