Civilian driver reports to local police dispatcher that she is being “followed extremely closely” by and out of state vehicle. Driver follows suspect car into business parking lot and obtains license plate and description of driver. Civilian witness flags down officer and tells cop where to find suspect car. Officer sees vehicle in lot and watches it roll slowly to a stop twice and then signals car to stop. Client arrested following field sobriety tests and refuses breath test. Defense prepared to argue stop of vehicle was illegal based on vague nature of civilian report. DWI Charge Dismissed before trial.
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NH DWI Charge Dismissed
Client stopped by police for speeding and marked lanes violations. First officer detects odor of alcohol on driver’s breath. Officer conducts only one field sobriety test before being called away from scene to supervise another incident. Client refuses to participate in any further testing with second officer. Arrest for DWI follows and client refuses breath test. Defense utilizes booking video to establish client’s sobriety and evidence of medical conditions for reason why field sobriety tests were refused. DWI charge dismissed before trial.
NH DWI Charge Dismissed
Police respond to a three car accident on the highway shortly before 1:00 a.m. Witnesses indicate that client was traveling between 100-120 m.p.h. before striking the guardrail After client exits his car, it is demolished by an on-coming tractor trailer. Police note client appears confused and unsteady on his feet, and detect a strong odor of alcohol coming from his person. Client allegedly fails three field sobriety tests and is arrested. Client admits to having five beers in the night. Defense argues that client’s difficulty with field sobriety tests is caused by shock of accident and that witnesses are unable to provide direct evidence that client was the operator of the vehicle. Not Guilty verdict following trial.
NH DWI Charge Dismissed
Police stop client because his vehicle and plate match a description of vehicle reported to have left the scene of minor single car property damage accident. Client refuses to produce license and registration and refuses to exit vehicle. Police detect odor of alcohol and slurred speech. Client arrested for DWI and Disobeying a Police Officer. DWI charge dismissed prior to trial for lack of evidence.
Not Guilty MA OUI Charge
Police respond to report of vehicle in parking lot with front end damage following collision. Witnesses establish that two persons are present, one urinating in public the other throwing beer cans into grass next to lot. Defendant admits to being driver but denies causing accident, further admits that he drank 4-5 beers earlier while golfing. Defendant arrested following field sobriety tests. Several civilian witnesses fail to identify the defendant as the driver and cannot corroborate his admission to driving beyond reasonable doubt. Not guilty verdict following trial.
Not Guilty MA OUI Charge
Police respond to scene of single car accident with both air bags deployed and two occupants nearby, both bleeding from impact. Client admits to two beers and a margarita and is arrested following field sobriety tests. Defense excludes post arrest breath test evidence of .14 BAC because government does not have an expert witness to relate breath test results to blood alcohol level at time of driving. Blood found on driver’s side airbags could be attributed to either occupant leading to question as to who has actual driver of vehicle. Not guilty verdict following trial.
Not Guilty MA OUI Charge
Client leaves bar at 1:50 a.m. and is stopped for operating without headlights. Officer detects a strong odor of alcohol and observes client’s eyes to be red, glassy and bloodshot. When questioned, client admits to have “a couple” beers. After exiting the vehicle, client appears unsteady on his feet and then proceeds to fail three field sobriety tests. Client submits to a breathalyzer test indicating a .17 BAC. Defense excludes breathalyzer results and argues that client’s performance on the field sobriety tests was caused by nerves and a pre-existing hip injury. Not guilty verdict following trial.
Not Guilty MA OUI Charge
Officer directing traffic observes client skidding to a stop, narrowly avoiding the vehicle stopped in front of her. Officer signals client to stop and then approaches the vehicle at which time he observes a Smirnoff Ice between the client’s legs. Client has difficulty producing her license and then admits to drinking three malt beverages. Upon exiting the car, she appears confused and unsteady on her feet. Client proceeds to fail four field sobriety tests, including the Alphabet test. Defense attributes the alleged strong odor of alcohol to her recent consumption of the beverage found in the car and then argues that the field sobriety tests are not reliable indicators of impairment. Not Guilty Verdict following trial.
NH DWI Charge Dismissed
Officer observes client in opposite lane weaving back and forth between the dividing line and the breakdown lane. As the officer approaches the vehicle he observes vomit on the outside of the driver’s side door and client admits to having just gotten sick. Officer detects the odor of alcohol and observes client’s eyes to be glassy and bloodshot. Client proceeds to fail three field sobriety tests and then submits to a breathalyzer test indicating a .10 BAC. A subsequent search of the car reveals a cooler full of beer and a small amount of marijuana. DWI complaint dismissed prior to trial.
NH DWI Charge Dismissed
Client stopped by police for crossing center line and allegedly nearly hitting police cruiser head-on. Client admits to “few” beers but is actually designated driver for his passenger who is highly intoxicated. Police allege client fails many field sobriety tests, make arrest for DWI and client refuses breath test. Defense prepared to challenge validity of physical tests due to client’s exhausted condition following 14 hour day laying tile day of arrest. DWI charge dismissed prior to trial.