Author: Developer

Client stopped by police for allegedly speeding at 2:00 a.m. on narrow, curvy stretch of road. Estimate of speed is eyeball guess when cruiser and vehicle pass head on. There is no radar reading or clocking of client’s vehicle by police prior to stop. Defense excludes evidence of .14 breath test prior to trial based on lack of certified intoxilyzer operator. Defense argues Motion to Suppress contesting validity of stop without more evidence of client’s actual speed. Motion to Suppress allowed. DWI charge dismissed.

Police responding to report of college campus ruckus where students are tipping over cars in street outside frat houses. Client not involved in incident but is stopped by police as he is driving away from area of reported incident. Police ultimately arrest client for OUI. Defense prevails on Motion to Suppress as Court agrees that police stop of client’s vehicle is without reasonable suspicion of criminal activity by driver. OUI charge dismissed.

Police respond to home of motorist who reports she was rear ended outside of local bar by car that left the scene. Police respond to client’s home some time later and discover vehicle matching description with damage consistent with reported accident. Client admits to police that he was “a little intoxicated” when the minor accident occurred. Defense argues client’s admission alone is insufficient to prove earlier impairment beyond reasonable doubt. Not guilty verdict following trial.

Police respond to scene of one car accident and find client outside vehicle bleeding from the head and mouth. Police officer notes odor of alcohol coming from client’s mouth and slightly slurred speech. Client is transported from scene to hospital after he admits to officer that he drank tequila before the accident. Due to injuries no field sobriety tests are conducted. Not guilty verdict following trial.

Client stopped by police for speeding at 2:30 a.m. Admits that he drank “more than a few beers” but they were several hours ago before he took a nap. Police allege client failed field sobriety tests and accounted for client’s loss of hearing due to inner ear deformity which he informed police of prior to testing. Highly intoxicated passenger arrested for disorderly conduct and resisting arrest following driver’s arrest. Defense expert testifies that field sobriety tests are adversely affected by several factors, including fatigue, lighting, and inner ear disorder causing loss of equilibrium. Further, odor of alcohol, slightly slurred speech and red, glassy eyes are not scientific proof of intoxication or impairment by alcohol. Not guilty verdict following trial.

Client stopped by police for scraping rear view mirror on another car exiting parking lot from outdoor concert. Arresting officer notes odor of alcohol, unsteadiness, difficulty with field sobriety tests and admission to drinking four (4) beers, but denies client complained of knee injury. Second officer on scene admits that he overheard client complain to arresting officer about knee injury and difficulty with balance due to injury. Client testified that he smelled like a brewery due to beer spilled on him during concert, but his last beer was hours before arrest and he didn’t realize contact with parked car due to crowd noise and heavy pedestrian traffic. Not guilty verdict following trial.

Police respond to single car roll over accident. Witnesses at scene inform police that driver had definitely been drinking. After arrest driver responds to police questioning and states that he had “too much” to drink. Defense successfully suppresses admission due to lack of Miranda warnings and argues poor performance on four field sobriety tests is attributable to trauma from crash. Not guilty verdict following trial.

Police approach vehicle stopped in breakdown lane mid afternoon. Officer detects odor of alcohol and slurred speech. Subsequent search of vehicle uncovers opened bottle of vodka. Cruiser mounted video depicts driver exiting car and engaging officer in lengthy conversation about his serious back injury and refusal to submit to field sobriety tests due to disability. Defense Motion to Dismiss DWI charge based on insufficient evidence allowed.

Driver stopped for operating unregistered motor vehicle. Police officer detects odor of alcohol, slurred speech and red, glassy eyes. Driver admits to consuming “five beers” but does not state over what period of time he drank beers. Driver refuses to submit to field sobriety tests. During booking police ask driver whether he is member of, or affiliated with gangs. Client states he is member of “Budweiser Drinkers of America Club.” Defense focuses on lack of evidence of erratic operation or unsafe driving. Not guilty verdict following trial.

Police stop vehicle for speeding at 12:30 a.m. Client admits that she consumed “two margaritas” Officer notes unsteadiness upon exit from vehicle, red, glassy eyes and slurred speech. During standard field sobriety tests driver informs officer that she suffers from vertigo and cannot complete balance portion of tests. State offers evidence of preliminary breath test result at scene of .096 BAC. State admits client’s refusal of subsequent intoxilyzer breath test at station. Defense challenges accuracy and reliability of single preliminary breath test and field sobriety tests in light of diagnosed vertigo. Not guilty verdict following trial.