Police respond to scene of rear-end accident. Client appears with odor of alcohol and several cans of beer are found in car. Client admits to drinking beer after work. Police allege client failed three field sobriety tests and then became belligerent questioning arresting officers sexuality. Defense elicits evidence that field tests not conducted properly and that client only became combative after arrest. Not guilty verdict following trial.
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Not Guilty MA OUI Charge
Client stopped after police follow him for two miles observing several lane violations and near collisions with parked cars. Police not inconsistent responses to questions about destination and whereabouts. Client refuses to participate in field sobriety tests, arrested and then cannot complete standard booking procedure. Defense argues lack of evidence of impairment by alcohol and that some other factor may have caused erratic driving. Not guilty verdict following trial.
Not Guilty MA OUI Charge
Police called to fast food drive thru to deal with disgruntled customer. Accused drunk driver approached by police and unleashes string of profanities refusing to cooperate with field sobriety tests. Search of vehicle discloses bottle of whiskey and cooler full of hard lemonades. Defense focuses on lack of evidence of impairment despite emotionally upset client. Not guilty verdict following trial.
NH DWI Drugs Charge Dismissed
Police stop client for illegal right on red light turn. Accused drunk driver admits to drinking but denies impairment. Police allege client failed several field sobriety tests, but he later tests well below legal limit on breath test for alcohol. Several prescription medications found on client’s person during booking and police allege impairment by those drugs. Government cannot establish impairment by drugs with requisite expert testimony. DWI Drugs charge dismissed.
Not Guilty NH Drunk Driving Case
Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.
Not Guilty MA DUI Case
Police come upon client after witnessing her hit curb causing blow out. Client is dressed only in felt elf’s costume following Christmas caroling party. Client admits to drinking beers over course of evening. Police allege client fails field sobriety tests. Civilian witness corroborates that client was sober when she left party. Husband testifies that client so emotionally upset during arrest that she is physically sick on drive home from police station. Defense attributes less than perfect field sobriety performance to nervousness, fear and embarrassment and frigid conditions without proper clothing. Not guilty verdict following trial.
Not Guilty MA OUI Charge
Client approaches police in parking lot of tavern, engaged in another investigation, and asks if he’ll be arrested if he drives. Client told not to interfere and leaves parking lot in erratic fashion. Police follow and stop client, noting odor of alcohol, unsteadiness and thick speech. Client refuses to submit to field sobriety tests and refuses breath test. Defense argues lack of evidence of impairment. Not guilty verdict following trial.
Not Guilty NH DWI Charge
Police stop client for illegal u-turn. Officer notes slurred speech and odor of alcohol, although client denies drinking. Police allege client failed three field sobriety tests and subsequent search of vehicle discloses flask containing alcohol. Defense presents evidence of client’s disability from being born with club feet, discrediting reliability of field sobriety tests. Not guilty verdict following trial.
NH Drunk Driving Case Dismissed
Police respond to scene of vehicle off roadway but otherwise unoccupied. Client responds to scene 15 minutes later and claims that he was driver. Police arrest client for DWI following field sobriety tests. Defense prepared to argue that client’s appearance is inconsistent with being driver of vehicle where he is clean and orderly and wreck is buried in wooded muddy area. Lack of evidence to corroborate client’s admission. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stationed in cruisers 200 yards away hear and see SUV vehicle driving erratically between parking lots. Responding to scene they find two parking lot signs knocked down and vehicle matching their observations parked in area and warm to touch. Civilian witness points out group he says left parked vehicle after driving erratically from lot. Police apprehend client near apartment building and place him in handcuffs. Client charged with leaving scene and DWI. Defense prepared to argue seizure of client was an arrest lacking probable cause as to identity of actual driver. DWI charge dismissed prior to trial.