Author: Developer

Client stopped for speeding driving home from bachelor party. Police allege defendant failed standard field sobriety tests and refused to respond to request for breath test, giving the arresting officer only fifteen minutes of silence. Defense challenges validity of field tests and points out police officer’s failure to record any facts in his narrative report that supported client’s sobriety. Best Man and friends and family establish defendant’s responsible drinking pattern inconsistent with impairment. Not guilty verdict following trial.

Client stopped by police for alleged erratic operation initially reported by citizen cell-phone witness. Police video records roadside encounter including field sobriety tests. Defense excludes evidence of .291 BAC on preliminary breath test due to police failure to properly advise client of statutory warnings regarding voluntary preliminary breath test at roadside. Defense excludes evidence of .22 BAC intoxilyzer test result due to police failure to maintain strict twenty minute observation period of defendant before test. Evidence of client’s prior Massachusetts court appearance on OUI charge insufficient to prove second or subsequent offense. Not guilty verdict on Aggravated DWI complaint and Subsequent DWI complaint following trial.

Client stopped by police officer working traffic detail outside local bank on Saturday morning. Passing motorist informed officer that she saw client drinking from bottle in truck while waiting in line of traffic. Officer alleges client displayed red-bloodshot eyes and odor of alcohol and failed four out of five field sobriety tests. Preliminary breath test instrument reveals .08 BAC at roadside. At trial Defense excludes reference to two of field sobriety tests due to lack or reliability and evidence of preliminary breath test is inadmissible. Not guilty verdict following trial.

Police stop client’s vehicle after clocking him at 80 m.p.h. on a busy highway and allege that he failed to pull over in a timely manner, straddling the breakdown lane for an unusual amount of time before finally coming to a stop. Police note slurred speech, glazed and red eyes, and a strong odor of alcohol. Officer administers four field sobriety test and then places client under arrest. Subsequent search of the vehicle reveals five empty beer cans under the driver’s seat, including one open container cold to the touch. Defense challenges reliability of field sobriety tests performed on busy highway and that strong odor of alcohol indicates recent consumption, but not any particular level of impairment. Not Guilty verdict following trial.

Client stopped by police for driving without headlights at 9:00 p.m. Client tells officer that he consumed “three buds and a shot of jajermeister” after work and then drove towards home, stopping on the way at a fast food drive thru where he turned off headlights. Police allege poor performance on field sobriety tests and post arrest breath test of .16 BAC. Defense presents evidence of client’s prior knee injury that affected field sobriety tests and expert witness testimony to establish that .16 BAC was false positive due to client being in the “absorptive phase” and his exposure to industrial adhesive that was possible “interfering” compound with breath test. Not guilty verdict following trial.

Driver stopped by police for late reaction to red traffic light. Officer notes odor of alcohol coming from client’s breath and eyes to be bloodshot and glassy. Testifies that client failed three field sobriety tests, is placed under arrest and later submits to a breath test indicating a .09 BAC. Defense challenges the validity and reliability of field sobriety tests given on side of a highway and the relevance of a breath test taken almost an hour after the actual driving. Not Guilty verdict following trial.

Police stop client for traveling 92 m.p.h. in 65 m.p.h. zone. Officer detects a strong odor of alcohol and bloodshot and glassy eyes. Officer testifies that client failed four field sobriety tests, including the alphabet test. Through cross examination, defense demonstrates that client stopped the car appropriately, had no difficulty producing license and registration when requested, and appeared alert and coherent at all times. Defense argues that client’s poor performance on the field tests could have been attributed to nerves and an inner-ear disorder that he was suffering from at the time. Not Guilty verdict following trial.

Driver falls asleep driving home in early morning hours following bartending shift. Citizen follows driver home and reports to police via cell phone that driver scratched guardrail. Police respond and make entry into client’s home. Field sobriety tests conducted in living room after client allows police to enter and admits that she had “a couple drinks” after work. Defense prepared to present defense of fatigue. DWI charge dismissed before trial.

Police stop client for driving with flat tire at 3:45 a.m. Officer detects strong odor of alcohol, red, glassy eyes and slurred speech and alleges client failed standard field sobriety tests. Defense precludes evidence of .14 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.

Client stopped by police on highway after midnight for traveling too slow and weaving in and out of lanes. Officer notes odor of alcohol slurred speech and lethargic movements. Police contend that client failed all standard field sobriety tests. Defense excludes evidence of .16 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.