Author: Developer

Client stopped by police for speeding and marked lane violations. Officer notes driver is smoking cigarette, fiddling with GPS unit and dressed in clown suit, make-up and wearing no shoes behind the wheel. Defense challenges validity of field sobriety tests due to precarious location on highway breakdown lane and client’s nervousness, fear and embarrassment. Evidence of .10 breath test excluded due to government’s failure to call proper witness. Not guilty verdict following trial.

Police respond to scene of single car accident with car into snow bank. Client admits to driving, losing control and drinking “two martinis”. Police escort driver to area free of snow under storefront overhang for field sobriety testing. Defense uses photos of area to show darkened poorly lit area utilized by police for testing. Police admit on cross exam that they did not consider the defendant’s advanced age in determining her ability to perform physical agility tests. Not guilty verdict following trial.

Client stopped for speeding. Admits to officer that he drank “2 Labbatts” and “2 Natural Lights”. Police testimony on horizontal gaze nystagmus test excluded due to lack of proper foundation that training guidelines followed when administering test. .14 breath test result excluded due to machine operator error. Not guilty verdict following trial.

Police follow vehicle with four young people into parking lot of closed supermarket in early morning hours. Client is stopped by police as he exits vehicle at rear of building. Police detect odor of alcohol, slurred speech and glassy/red eyes. Alleged drunk driver refuses to participate in field sobriety tests and becomes verbally argumentative with officer resulting in arrest. DWI charge dismissed prior to trial.

Client involved in motorcycle accident requiring transport from scene by ambulance. Responding police detect odor of alcohol, slurred speech, and admission to drinking but cannot conduct field sobriety tests. Police seize hospital blood draw which reveals .23 BAC. over client’s objection and lack of consent. Defense prepared to argue blood seized in violation of federal medical privacy law but state cannot produce necessary witnesses to establish chain of custody for blood test results. Not guilty verdict following trial.

Police stop passing vehicle when they notice marked lanes violation and damage to front end. Initially police suspect driver may be victim of assault despite overwhelming evidence of impaired driving. Following investigation of alleged assault police inform driver that she is being charged with OUI. Citation initiating criminal OUI process is mailed to client 17 days later. Defense Motion to Dismiss OUI charge allowed as government cannot justify failure to timely issue notice of OUI charge via citation as required by law.

Client stopped by police for failure to dim high beams and wide right turn. Officer notes odor of alcohol, red/glassy eyes and difficulty with field sobriety tests. Driver admits that she just consumed her only drink of the night. At trial defense calls state’s laboratory expert to establish that .11 post arrest breath test could result from one drink, i.e. “Irish Car Bomb” Guinness, Jameson’s and Bailey’s concoction which client testified she consumed just prior to stop. State’s expert admits that true blood alcohol content at time of stop could be below legal limit of .08. Not guilty verdict following trial.

Client accused of drunk driving stopped by police for speeding at 11:00 p.m. Admits to consuming one beer before starting ride home from job site, also admits to drinking one other beer much earlier in evening. Police allege client failed three standard field sobriety tests and refused breath test. Cooler in car contains five empty beer cans. Defense offers client’s testimony including supporting documentation of medical conditions that limited field sobriety test performance. Client explains that empty beer cans in his lunch cooler are from his crew and not beers that he drank. Not guilty verdict following trial.

Client stopped by police for marked lanes violation. Admits to consuming “a few beers” at holiday cookout and is currently lost. Police allege driver failed three (3) field sobriety tests. Government witness unavailable on scheduled trial date. DWI charge dismissed.

Driver runs stop sign in snow storm almost striking passing police cruiser. Client falls face first into snowbank upon exiting truck at police request. Police allege client fails three standard field sobriety tests and submits to post arrest breath test with .08 BrAC. DWI complaint dismissed prior to trial.