Author: Developer

Police stop client for speeding. Client admits to drinking but refuses to participate in field sobriety tests and breath test, both inadmissible in Massachusetts proceeding. Client otherwise remains cooperative, polite and responsive to questioning without slurred speech or unsteadiness. Not guilty verdict following trial.

Client stopped by police for marked lanes violation on highway. Police allege client failed field sobriety tests and refused breath test. Defense raises client’s fatigue and illness as factors to be considered when assessing overall performance on field sobriety tests. Defense calls civilian witness to establish client stayed at club only short time and consumed only one (1) beer before calling it a night due to fatigue and illness. Not guilty verdict following trial.

Client exits home to see her empty vehicle parked across the street from her home surrounded by unoccupied police cruisers. Client walks across street barefoot to retrieve vehicle fearing it was in the process of being stolen. Police exit from wooded area on foot and demand client to stop backing up vehicle. Client admits to drinking earlier in evening. Police allege she fails field sobriety tests and refuses to take breath test. Defense establishes that very short operation of car was reasonable and field sobriety tests were not valid for client with scoliosis and blindness in one eye. Not guilty verdict following trial.

Client is stopped for alleged lane violations by campus police officer working on special highway safety task force. Client arrested for OUI following field sobriety tests. Defense prepared to argue Motion to Suppress based on illegal stop by campus police beyond legal jurisdiction. OUI charge dismissed when government cannot produce necessary witness at hearing on Motion to Suppress.

Police respond to scene to two car collision on highway. Client refuses to participate in field sobriety tests but makes several damaging statements during transport and booking. Defense Motion to Suppress Statements denied, trial scheduled. Government cannot produce necessary witness at trial and charge is dismissed for lack of prosecution.

Alleged drunk driver stopped by police for weaving short distance from his home. Client admits to drinking wine at a concert earlier in evening. Police allege client is unable to satisfactorily completed field sobriety tests. Defense prepared to use booking video to establish client was coherent, cooperative and appearing sober shortly after arrest. DWI charge dismissed.

Young driver is stopped for speeding driving home from concert. Police smell odor of marijuana and client admits to smoking just earlier before dropping friend off. Field sobriety tests are inconclusive and arresting officer is not certified to conduct “drug recognition” battery of tests. DWI Drugs charge dismissed prior to trial.

Police respond to scene of roll over accident. Passengers state client was designated driver but had drank alcohol earlier in evening. Hospital blood work discloses blood alcohol content over legal limit. Defense prepared to exclude hospital medical records as evidence at trial. OUI charge dismissed.

Client stopped for speeding. Officer detects odor of alcohol, flush face and glassy eyes. Officer notes client failed three field sobriety tests. Defense prepared to argue tests not administered in standardized fashion as required by police training. DWI complaint dismissed.

Client stopped at road block sobriety checkpoint. Officer detects odor of alcohol and client admits to having 2-3 beers. Police allege client failed one-leg stand and walk and turn tests. Defense establishes that client passed mental portions of tests by following directions and instructions, attributing physical problems to prior knee injury. Not guilty verdict following trial.