Author: Developer

Police dispatched to area of a motorcycle accident. Upon arrival, witnesses indicate the operator of the bike is now a passenger in motor vehicle leaving scene. Police catch up and stop the car finding the client sitting in the passenger seat with obvious injuries. After admitting to operating the motorcycle, client is arrested and transported to hospital. Hospital blood test reveals presence of alcohol and various narcotics. Defense prepared to exclude blood test results based upon a lack of proper foundation. DWI charge dismissed prior to trial.

Police respond to scene of highway rollover accident. Crash re-constructionist for State opines that client’s vehicle was traveling 106 m.p.h. at time it left road surface and traveled nearly 300 ft. Aggravated DWI charge brought due to speed in excess of 30 m.p.h. in combination with DWI. Mandatory jail sentence and 18 month loss of license applicable to Aggravated charge. Defense challenges accuracy of data for accident re-constructionist’s analysis of vehicle speed. Not guilty verdict following trial.

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

Police stop client for speeding and marked lanes violation. Client admits that he split pitcher of beer with his passenger prior earlier in the evening. Police detect obvious odor of alcohol and client’s unsteadiness as he exits vehicle. Client refuses to participate in field sobriety testing and is subsequently arrested for DWI. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.

Police stop client for stop sign and marked lanes violation. Client admits to drinking earlier in the evening but refuses to participate in any field sobriety tests. Police allege client is verbally combative throughout booking process and smells of alcohol with slurred speech. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.

Police respond to tow company’s call of vehicle off roadway during heavy rain storm. Police arrive some time later and interview client at scene where he admits to being driver of vehicle that went off roadway after hitting large puddle. Police cannot find puddle in roadway and ultimately arrest client for DWI after he allegedly fails field sobriety tests. Government cannot establish beyond reasonable doubt that client was driver of vehicle at time of accident as there is no other corroborative evidence linking him to the vehicle. DWI charge dismissed prior to trial.

Police stop client for speeding on motorcycle. Client admits to having three drinks and performs reasonably well on standard field sobriety tests. Officer notes client’s complete cooperation and extremely polite and respectful demeanor throughout arrest process. Defense prepared to argue that operation of motorcycle vehicle and defendant’s demeanor and behavior inconsistent with intoxication. DWI charge dismissed prior to trial.

Client is stopped by police for marked lanes violations. Police allege client performs poorly on field sobriety tests. Defense is able to exclude reference at trial to one field sobriety test based on foundational requirements and excludes evidence of .24 BrAC breath test results. Not guilty verdict following trial.

Police respond to local tavern for report of underage person trying to enter establishment with fake ID. Client is stopped in parking lot to allow police to speak to his passenger about alleged fake ID. Client admits to drinking and is subjected to several non-standard field sobriety tests which the police allege he failed. Defense files Motion in LImine to exclude evidence of client’s performance on all field sobriety tests not recognized by National Highway Traffic Safety Administration and NH Police Training and Standards. DWI charge dismissed prior to trial.