Author: Developer

Police stop Client for traveling 25 m.p.h. on highway. Defense introduces evidence of mechanical failure in vehicle to explain abnormally low speed. Evidence of .19 BAC breath test excluded by defense due to contamination of breath sample by mouth alcohol and lack of mandatory 15 minute waiting period before re-testing commenced. Defense challenges officer’s observations of red/glassy eyes, slurred speech and poor performance on field sobriety tests. Not guilty verdict following trial.

Client stopped by police for defective headlight and center line violation. Officer alleges client failed three (3) standard field sobriety tests. Post arrest intoxilyzer breath test is .07 BAC. Defense Motion to Dismiss allowed. DWI Charge Dismissed.

Client stopped for speeding. Police Officer alleges client presented with red, glassy eyes, slurred speech and slack jawed open mouthed facial expression. Defense prepared to present evidence that .16 BAC breath test was inaccurately high due to diagnosed G.E.R.D. condition. Field sobriety tests conducted in highway breakdown lane on sloping grade. DWI and Aggravated DWI charges dismissed.

Client stopped by police for failing to signal turn exiting traffic rotary. Arresting officer alleges client fails two standard field sobriety tests. Testimony regarding failed Horizontal Gaze Nystagmus (HGN) test excluded for lack of proper foundation. Evidence of .16 BAC blood test excluded as government fails to produce actual gas chromatograph test results, relying only upon transcription of test results recorded by lab technician. Not guilty verdict following trial.

Client stopped for speeding during evening rush hour traffic. Arresting officer notes client performs some field sobriety tests “satisfactorily” and fails others. Client is chewing ginger root for upset stomach at time of arrest following spicy meal. Defense presents medical records and expert testimony to explain that two (2) weeks prior to arrest client is hospitalized for chest pain, later diagnosed as gastro-esophogeal reflux disorder. Defense argues that .21 BAC intoxilyzer test result is inaccurate due to contamination by stomach alcohol from G.E.R.D. condition. Not guilty verdict following trial.

Client stopped by police for driving wrong way on one-way street. Police officer alleges client failed alphabet test twice by stating: “A,B,C.D,E.F,G, blah, blah, blah” each time. Client refuses all other field sobriety tests. Breath test results of .20 BAC excluded due to lack of proof that statutory implied consent rights were properly administered before test. Not guilty verdict following trial.

Client stopped by police following dinner with girlfriend. Officer notes red glassy eyes and slurred speech along with poor performance on field sobriety tests. Post arrest breath test results are .10 BAC. Defense presents evidence of pre-arrest consumption of alcohol through restaurant receipt and defense expert establishes that client’s actual blood alcohol level was below legal limit at time of driving and breath test result is inaccurately high because test was conducted during “absorptive” phase of alcohol metabolism in client’s body. Not guilt verdict following trial.

Client stopped by police and charged with Aggravated DWI after blood test results come back at .16 BAC. Defense challenges administrative suspension pending trial. Six (6) month administrative license suspension vacated when state fails to establish proper chain of custody of blood sample including requisite affidavit from medical technician that drew blood sample at hospital.

Police receive cell phone call from a motorist reporting client is “all over the road.” Officer dispatched where he observes a vehicle matching the description provided by the caller. Client is stopped after taking an “abrupt turn” onto a highway on-ramp. Defense argues that the motor vehicle stop was not based upon a reasonable suspicion of criminal activity as required by the Fourth Amendment in light of “anonymous” cell phone tip. Evidence demonstrates client’s operation consistent with lost motorist. Defense Motion to Suppress Allowed, OUI Charge Dismissed.

Client stopped for failing to use directional at a rural intersection shortly after 1:00 a.m. Arrested after allegedly failing a battery of field sobriety tests. Defense challenges validity of motor vehicle stop where the client’s failure to use the directional did not impede the operation of any other vehicle. Evidence further shows that, prior to the stop, client was observed by police driving a considerable distance without incident. Defense Motion to Suppress Allowed, OUI Charge Dismissed.