Author: Developer

Tow truck operator loses towed vehicle due to hitch failure causing collision with oncoming vehicle. Responding EMT tells police that he smells alcohol on tow truck driver’s breath. Officer alleges that client failed three standardized field sobriety tests and then submitted to a breathalyzer test with a reading of .10. Defense argues that client’s performance on the field sobriety tests is adversely affected by the stress of the accident and police presence. Government witnesses fail to explain how breath test results convert to illegal blood alcohol content as required by drunk driving statute. Not Guilty verdict following trial.

Police officer responds to the scene of a single-car accident at 2:30 a.m., where he finds client’s motor vehicle in the woods some 310 feet from the roadway. Officer detects strong odor of an alcoholic beverage, unsteady gait and slow deliberate “swollen tongue” speech. Client admits to drinking “five beers” before accident and is then transported to hospital. Receives notice of criminal charges several days later. No evidence of field sobriety tests nor was client asked to submit to breath or blood test. Defense argues statement regarding the consumption of alcohol is insufficient to prove guilt without evidence establishing time of consumption. Not Guilty following trial.

Client stopped by police for weaving within lane and failure to signal turn. Driver admits to having one (1) beer earlier in the evening during Patriots Play Off game party before driving two guests home as designated driver. Arresting officer alleges client failed battery of standard three field sobriety tests. Defense focuses on reliability of one-leg stand and walk and turn tests requiring balance when client wore four (4) inch high heel pumps throughout testing sequence and performed reasonably well on major parts. Not Guilty verdict following trial.

Client arrested for DWI and advised by original counsel to plead guilty because police report is “one of the worst” he’s ever seen. Two weeks before trial Client changes lawyers. Defense presents evidence of client’s actual consumption (2 beers) with restaurant receipt. Field sobriety testing undermined with evidence of client’s prior leg injury and snowy cold testing conditions. Both defendant and companion testify regarding their activities on evening of arrest and actual sobriety. As a mechanic, client contends that he refused breath testing only because of his prior experience with faulty machinery and measuring devices. Not Guilty verdict following trial.

Police observe client’s vehicle pull into the secluded driveway of a closed business in the early morning hours. Officer knows owners of business and does not recognize the car with out of state plates. Officer activates lights, blocks in subject car and exits to speak with the driver to investigate. Defense Motion to Suppress initial detention denied. Driver claims to be lost and stopped to make cell phone call for directions. Officer alleges client failed field sobriety tests and refused breath test. Defense cross exam focuses on snowy conditions and client’s pre-existing knee injury as factors causing difficulty with standard balance coordination tests. Not Guilty Verdict after trial.

Client rear-ends vehicle in heavy traffic on rotary. Responding police officer is told by other driver that client smells of alcohol. Client subjected to a series of filed sobriety tests, including the alphabet, which she allegedly fails to properly recite on three occasions. Defense cross examination demonstrates that the odor of alcohol is not an indication of any level of impairment and that the client’s fear, nervousness and embarrassment could cause difficulty with field sobriety testing. Not Guilty Verdict after trial.

Police observe a car in the parking lot of a local business in the early morning hours. Police allege the business had been the victim of recent vandalism. Police approach and detain the vehicle and its driver. Driver exhibits numerous signs of intoxication, fails field sobriety tests and submits to a breathalyzer test at the station which shows a .14 BAC. Defense files a motion to suppress the evidence obtained from the stop and argues that client’s car was seized without a reasonable suspicion of criminal activity as required by the Fourth Amendment. Defense Motion allowed, OUI charge dismissed.

Motorist reports via cell phone that she is following a car for several miles and witnessed it repeatedly drift off the road and into the oncoming lane of travel. Police stop the same car after observing it almost strike a mailbox. Officer detects a strong odor of alcohol coming from the vehicle and administers field sobriety tests which, in the officer’s opinion, the client failed. Defense demonstrates that the client had worked all night as a waitress serving alcohol and argues that the erratic operation and the performance on field sobriety tests were result of extreme fatigue and not intoxication. Not Guilty verdict after trial.

Police take notice of car driving below speed limit with headlights flashing constantly from high to low beam. Patrolman follows driver for 1.4 miles sees three marked lanes violations. Following stop officer notes odor of alcohol, slow and slurred speech and admission to “a few drinks” from driver. Officer testifies that driver refuses to complete two standard field sobriety tests due to serious back injury and failed two other tests. Defense challenges validity of remaining field sobriety tests, offers medical records to confirm debilitating back injury and independent witness to confirm driver’s sobriety. Not guilty verdict following trial.

Police observe driver proceeding 7-10 mph in 25 mph zone. Driver followed and police observe two improper turns and weaving. Officer approaches and notes strong odor of alcohol, glassy red eyes and slurred speech. After having trouble with three field sobriety tests driver tells officer, “Ok, you got me, I’ve been drinking…l”m done.” Defense presents evidence that extremely foggy conditions were cause of erratic driving and driver’s advanced age and physical limitations affected his ability to complete standard field sobriety tests. Not guilty verdict following trial.