Author: Developer

Police stop 68 year old driver for speeding and detect odor of alcohol, slurred speech and red/glassy eyes. Driver submits to field sobriety tests which police allege he failed. Post arrest breath test of .10 BAC excluded by defense due to lack of certification of breath test equipment. Police admit that field sobriety tests are not necessarily valid for any person over 65 years of age and there was no erratic operation of vehicle beyond speeding violation. Not guilty verdict following trial.

Police observe vehicle traveling in opposite direction without headlights and when they turn to follow vehicle they notice turn made without signal. Driver stops in response to blue lights by driving up on curb and parking at odd angle on roadside. Accused drunk driver refuses field sobriety testing stating he was “not stupid enough to take those tests.” Police arrest defendant for DWI. Defense argues mere suspicion of DWI without confirming field sobriety tests insufficient to prove impairment beyond reasonable doubt. Not guilty verdict following trial.

Defendant is stopped by police for lane violation entering traffic rotary. Defendant admits to drinking and submits to field sobriety tests which police allege he failed. Subsequent breath test reveals B.A.C. of .15 Defendant requests trial date only to learn that Breath Test Operator has left the police department and is unavailable at trial. State dismisses DWI charge prior to trial.

Police stop defendant’s vehicle for operating without headlights. Defendant admits to having “a few beers” submits to field sobriety tests but refuses breath test. Several years pass as defendant is fugitive from justice. Open removing default and appearing in Court to face DWI charge State cannot go forward with sufficient evidence to prove DWI charge which is dismissed prior to trial.

Police stop driver for operating at 50 M.P.H. on highway and committing several marked lanes violations. Driver admits to drinking “a little bit”. Driver submits to just one field sobriety test before refusing to continue with roadside testing. Police alleged driver is unable to spit out breath mint when instructed to so and to periodically crying during booking process during which she needs assistance to stand. Defense argues lack of evidence of impairment given highly confrontational nature of roadside encounter, arrest and booking. Not guilty verdict following trial.

Officer alleges that he followed driver for one (1) mile and observed 5 or 6 marked lanes violations. Driver initially denies drinking then admits to “one beer.” Officer detects odor of alcohol, unsteadiness and difficulty with all field sobriety tests. Post arrest breath test result of .19 BAC is excluded by defense due to failure of government to establish certification of breath testing equipment. Cross exam establishes that Officer actually followed defendant for 2.5 miles and only activated lights to stop vehicle because vehicle was approaching town line and end of Officer’s jurisdiction and that this officer accounts for 60% of his departments OUI arrests. Not guilty verdict following trial.

Officer pulls over vehicle which is traveling towards him in head on collision fashion. Driver admits to having “two beers” and proceeds to fail 4 out of 5 field sobriety tests according to police. Subsequent breath test results of .09 are excluded by the defense and cross exam establishes that client performed field tests adequately given sub-standard roadside conditions. Not guilty verdict following trial.

Officer follows driver for approximately one (1) mile observing several marked lanes violations. Upon stopping driver has difficulty producing license and registration but denies drinking. Officer detects odor of alcohol and slurred speech. Driver attempts field sobriety tests but claims she is incapable of standing on one leg for any period of time. Defense argues field sobriety tests are not reliable indicators of impairment for this particular driver especially in light of her nervousness and anxiety at roadside. Not guilty verdict following trial.

Police respond to scene of accident with car into telephone pole. Witnesses claim driver is operating at 45 M.P.H. on windy rural road immediately prior to crash and is seen tossing empty beer cans into woods before police arrive. Driver claims he lost control of vehicle while searching for songs on his I-pod. Defense excludes reference to 2 out of 5 field sobriety tests and argues poor performance attributable to trauma from accident. Not guilty verdict following trial.

Police respond to vehicle with flat tire waiting for tow truck in breakdown lane. Defendant tells police he just hit something. Police detect odor of alcohol and unsteadiness on feet. Following field sobriety tests defendant states: “just arrest me because you know I’m drunk.” Defense suppresses statement due to Miranda violations and challenges sufficiency of evidence based on field sobriety tests. Not guilty verdict following trial.