Author: Developer

Client is found in early morning hours waiting for tow truck and cab behind the wheel of his damaged and inoperable rental vehicle, with engine running to keep warm. Client initially claims vehicle damaged after being stolen, but later admits he crashed the vehicle himself after getting lost in snow storm. Police allege strong odor of alcohol, slurred speech, and general unsteadiness during initial contact. Defense challenges police version of events when one officer describes client as confused, belligerent and uncooperative and second officer describes client as polite, easygoing and courteous. Not guilty verdict following trial.

Police respond to civilian report of minor fender bender in parking lot of apartment complex. Client is found outside vehicle in parking lot and police allege he is highly intoxicated, although he denies driving vehicle. Defense will not stipulate to operation. Only witness to establish operation does not appear at time of trial. DWI charge dismissed.

Client stopped by police for late night marked lanes violations. Following several field sobriety tests client arrested and charged with DWI. Subsequent consensual blood test sent to state lab which reports .19 BAC. Defense challenges chain of custody for blood test at administrative suspension hearing. State cannot produce requisite documentation for chain of custody. Administrative license suspension vacated.

Alleged drunk driver faces enhanced penalties (mandatory jail time and increased loss of license) for Aggravated DWI charge as result of breath test in excess of .16 (twice legal limit of .08) Defense excludes evidence of .23 breath test when breath test operator testifies that required twenty (20) minute observation period at station preceding breath test began at 7:40 p.m. Arresting officer establishes arrest time in street at 7:45 p.m. making valid twenty (20) minute observation period at station an impossibility. Not guilty verdict on Aggravated DWI charge following trial.

Client stopped leaving restaurant on snow covered road for alleged marked lanes violation. Police allege client exhibited slurred speech and difficulty with standard field sobriety tests after admitting to drinking “two beers”. Defense uses booking video to display driver’s apparant sobriety and is prepared to challenge validity of field sobriety tests and alleged erratic operation in light of snow covered road conditions. DWI charge dismissed prior to trial.

Police find client sleeping in vehicle parked outside closed pharmacy, keys in ignition, engine running. Client is awoken and submits to field sobriety tests when officer detects odor of alcohol. Defense prepared to argue no evidence of operation or intent to operate. DWI charge dismissed prior to trial.

Two police cruisers sit parked in breakdown lane with emergency lights activated following conclusion of routine highway traffic stop. Officers standing between cruisers inside fogline. Oncoming vehicle does not move from travel lane to passing lane as it approaches parked cruisers and actually touches upon fogline within inches of cruisers as it passes. Police immediately pull out and stop vehicle based on accused drunk driver’s failure to give wide berth. Stop leads to field sobriety tests, arrest and breath test results of .15 BrAC. Defense Motion to Suppress allowed as no reasonable articulable suspicion exists to stop vehicle. DWI complaints dismissed.

Client stopped for crossing center line at 2:30 a.m. and failing to dim high beams for oncoming police vehicle. Police allege young driver failed standard field sobriety tests and refused breath test. Defense prepared to challenge validity of field tests in light of client’s nervousness and fatigue and lack of evidence of impairment during long video taped booking process. NH drunk driving case dismissed prior to trial.

Police respond to scene of two car head on collision. Defendant is arrested following field sobriety tests, but is later transported in custody to hospital to address complaints of multiple injuries. Police seize hospital blood draw (.23 BAC) and lab records without defendant’s consent. Defense challenges blood seizure as violation of federal medical privacy law. DWI charges dismissed prior to trial.

Concerned citizen approaches police and tells them that a “red chevy pick-up with Mass plates is all over the road.” Police find vehicle fitting description within one (1) mile of reporting party and stop vehicle. Client’s performance on field sobriety tests is video recorded. Defense prepared to challenge validity of stop based on vague description of vehicle and operation and will use video to defendant’s benefit at trial. DWI charge dismissed prior to trial.