Author: Developer

Client stopped by police for traveling on main downtown avenue without headlights activated. Client admits to having “a few” beers” at local tavern and submits to field sobriety tests which police allege he fails. Defense prepared to challenge officer’s opinion of client’s performance on field sobriety tests with medical records establishing recent total hip replacement and knee injury. Booking video is inconclusive establishing client’s impairment. DWI charge dismissed prior to trial.

Client stopped for speeding. Arresting officer alleges that client displayed slurred speech, strong odor of alcohol, glassy, red eyes and had extreme difficulty with all field sobriety tests. Officer testifies that client fell into car exiting vehicle and stumbled throughout field sobriety testing. Defense cross exam focuses on credibility of police officer’s testimony and offers civilian witness that picked up client following arrest to rebut officer’s opinion that client was impaired by alcohol. Not guilty verdict following trial.

Client stopped by police for operating vehicle with headlight out. Officer detects odor of alcohol and asks client to submit to battery of standard field sobriety tests. Client weighs in excess of 350 lbs. Defense prepared to challenge validity of field sobriety tests based on client’s weight and other physical limitations. DWI charge dismissed prior to trial.

Client stopped by police for speeding. Upon admission of drinking client is asked to submit to field sobriety tests and is arrested and charged with DWI. Post arrest breath test discloses .11 BAC. Defense tests captured samples of breath through independent laboratory which results in non-corroborative finding with .04 variation. Independent laboratory confirms that historically samples submitted for testing from this department’s Intoxilyzer machine were non-corroborative 11 out of 20 times. State replaces Intoxilyzer machine. DWI charge dismissed.

Client arrested for DWI with post arrest breath test results of .12 BrAC. Defense requests administrative hearing to challenge two (2) year administrative suspension for subsequent DWI. Defense establishes that government cannot prove valid twenty (20) minute observation period was completed prior to breath test being administered. Two year ALS dismissed.

Client arrested driving to hotel from wedding. Post arrest breath test results are .12 BrAC triggering mandatory 180 day administrative license suspension. Defense requests administrative hearing and specifically requests attendance of breath test machine operator. Government only produces arresting officer at hearing to testify without calling breath test machine operator. Defense Motion to Dismiss Administrative Suspension allowed.

Police respond to noise complaint and find client seated in passenger seat of vehicle in front of his girlfriend’s house. Client admits to being drunk but denies operating the vehicle on blown tire and rim which leaves gauge marks in street leading to spot where vehicle found at rest. Post arrest breath test .15 BrAC. Government cannot establish beyond reasonable doubt if or when client last operated vehicle. Not guilty verdict following trial.

Police respond to scene of one-car accident on highway and find abandoned vehicle. Client is found some time later on property abutting highway. Incriminating statements made by client to police are suppressed for lack of Miranda warning while in custody and the search of his person disclosing keys to vehicle deemed illegal search. OUI, Leaving the Scene, Operation of Unregistered Vehicle and Operation After Suspension charges dismissed for lack of evidence.

Police respond to scene of accident where witnesses report pick-up truck left roadway and demolished fence then fled scene. Truck’s license plate found in debris on roadway and is traced giving exact make and model of truck. 45 minutes later police receive report of suspicious vehicle parked on roadway. Responding officers find truck with matching rear plate parked with engine running and driver asleep behind wheel. Police approach driver’s side of truck, wake client and pull him from vehicle at gun-point, at which time he is immediately handcuffed. Search of truck discloses open 30 pack of beer and prescription drugs. Defense challenges legality of arrest and display of deadly force during routine traffic investigation. Motion allowed, all charges including DWI dismissed.

Client appears in Court and pleads guilty to DWI charge days after being discharged from psychiatric hospital. Transcript of plea hearing discloses normal plea colloquy, however, defense is able to show by clear and convincing evidence through expert testimony that client was incompetent at time of plea due to medications and mental health and medical issues. Motion to Vacate plea allowed, conviction set aside, new trial ordered.