Author: Developer

Police respond to 911 cell phone call of car “all over the road.” After following vehicle for several miles with lights and sirens, stop sticks deployed to disable client’s car. 72 year old alleged drunk driver submits to three field sobriety tests and post arrest breath test discloses .08 BrAC. Officer admits there was no erratic operation during several mile pursuit and field tests not valid for persons over age of 65. Defense argues breath test results are not accurate reflection of true blood alcohol content at time of driving. Not guilty verdict following trial.

Police respond to scene of three car accident. Witnesses involved tell police accused drunk driver caused accident by crossing over center line and striking second vehicle head-on. Client admits to “a few beers” and does not complete alphabet test satisfactorily. Transported to hospital before further tests can be completed. Defense argues client’s appearance, demeanor and performance of alphabet test attributable to trauma from accident. Not guilty verdict following trial.

Police come upon client parked in lot speaking on his cell phone at 4:00 a.m. Client asked to step from vehicle and drops cell phone to ground. Police allege client failed one field sobriety test and was argumentative and belligerent during booking process. Defense argues insufficient evidence to prove impaired operation of vehicle. Not guilty verdict following trial.

Police stop alleged drunk driver for fog line encroachment and wide turn. Client admits to having two beers and submits to field tests. Defense prepared to argue operation of vehicle was not consistent with impaired driver. DWI charge dismissed prior to trial.

Police respond to scene of single car accident where driver reported striking abandoned vehicle left in breakdown lane. Three passengers present as well, but client admits to being driver at time of accident. Insufficient evidence to confirm client’s admission that he was driver. DWI charge dismissed prior to trial.

Client is called to police station to retrieve his friend who is arrested for earlier DWI. During bail release officer inquires whether client was drinking and requests field sobriety tests. Client submits to post arrest breath test .08 BrAC. Lack of evidence of operation. DWI charge dismissed prior to trial.

Client losses control on vehicle on wet snow covered roadway and drives into snowbank. Police respond to scene and conduct field sobriety tests. Civilian witnesses cannot support allegation that alleged drunk driver is impaired. Defense utilizes police booking video to establish client’s sobriety. DWI charge dismissed prior to trial.

Client stopped for speeding 2 M.P.H in 40 M.P.H. zone. Driver admits to consuming five beers at local pool hall. Police allege client failed field sobriety tests while presenting slurred speech, red, bloodshot eyes and flush face. Defense focuses on client’s knee injury as invalidating field tests and client’s perfect performance on mental portions of testing sequence. Not guilty verdict following trial.

Client stopped for speeding traveling home from thanksgiving holiday dinner. Arresting officer alleges client failed standard field sobriety tests. Defense offers evidence of harsh cold weather and client’s clothing consisting only of tee shirt and shorts. Client’s mother and passenger testify that client was tired from long trip but not impaired by alcohol. Not guilty verdict following trial.

Police observe client drive into breakdown lane and commit lane violations. Driver safely responds to signal to stop and submits to field sobriety tests. Client refuses breath test but communicates willingness to take blood test which is not offered by police. Defense argues that erratic operation consistent with distracted driver not necessarily impaired driver. Not guilty verdict following trial.