Author: Developer

Client is stopped for speeding, 50 M.P.H. in 25 M.P.H. zone. Officer observes client stumble from vehicle and questions driver. Driver admits that he is coming from Christmas Party and that he has had too much to drink. Client refuses all field sobriety tests. Defense argues insufficient evidence of impairment without field sobriety tests. Not guilty verdict following trial.

Police respond to scene of single car accident. Client admits to being driver and submits to field sobriety tests despite suffering knee injury in wreck. Subsequent breath test .18 BrAC is excluded due to government’s failure to establish requisite foundation that breath test equipment is compliant with relevant regulations for certification. Not guilty verdict following trial.

Police respond to scene of accident where car is crashed into home causing fire. Client found laying on ground in fetal position. Accused drunk driver admits to drinking all day and is transported to hospital for injuries. Defense argues admission alone is not enough evidence to prove impairment by alcohol under circumstances. Not guilty verdict following trial.

Driver stopped at 2:00 a.m. for allegedly crossing double yellow line three times in ¾ mile stretch of rural road. Driver admits to having had “a couple” of beers following basketball game earlier in evening but does not display slurred speech, unsteadiness or inability to follow directions. Field sobriety tests are inconclusive and defendant refuses to submit to breath test. DWI charge dismissed prior to trial.

Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed.

Police stop driver for marked lanes violation on highway. Driver admits that he is driving friend home after visiting “several” local bars. Conduct of field sobriety tests is compromised by training officer interjecting during testing on darkened noisy breakdown lane. Passenger establishes that driver had only a few drinks and was fine to driver. Any erratic operation was caused by joking, laughing and eating take-out food while driving home. Breath-test results of .12 BAC more than one (1) hour after driving are excluded due to lack of government expert witness to establish BAC at time of driving. Not guilty verdict following trial.

Police receive report of erratic operation and locate car matching description following it for period of time observing marked lanes violations. Officer notes driver’s eyes are red and glassy, speech is slurred and strong odor of alcohol. Client is arrested following field sobriety tests and submits to post arrest breath test of .13 BAC. Defense presents expert witness to challenge accuracy of breath test during active “absorption phase” of alcohol metabolism and focuses on operation of vehicle during time police followed vehicle. Further defense argues field sobriety testing results were reasonable given time and location of stop. Not guilty verdict following trial.

Police stop client for failure to dim high beam headlights and allege he failed standard field sobriety tests. Alleged drunk driver testified that he did consume some vodka drinks before driving but failure to dim high beams was result of unfamiliarity with car and poor performance on field sobriety tests was due to his nervousness caused by officer’s inexperience and indecisiveness. Not guilty verdict following trial.

Driver is stopped for speeding on highway traveling home from Red Sox game. Driver admits to having several drinks over course of evening but fares very well on field sobriety tests. Post arrest breath test result of .20 BAC totally inconsistent with drinking pattern and performance on field sobriety tests. Defense prepared to challenge test results with expert witness only to find arresting officer/breath test operator dismissed from police department for disciplinary reasons before trial. Defense Motion to Dismiss for lack of prosecution allowed.

Police stop driver after watching her drive in breakdown lane at 1:00 a.m. and then drive upon on curb making U-turn. Driver submits to field sobriety tests and preliminary breath test at roadside discloses .196 BAC. Post arrest breath test result is .19 BAC. Defense expert calls into question accuracy of breath tests in light of inconsistent field sobriety testing. Not guilty verdict following trial.