Author: Developer

Client stopped by police for speeding infraction but no other erratic operation. Police note odor of alcohol, red, glassy eyes, unsteadiness and difficulty with balance and coordination. Admits to consuming “two beers”. Defense introduces client’s medical records to establish long history of degenerative arthritis in back, knees and ankles to explain 51 year old man’s struggles with standard balance coordination field sobriety tests. Friend testifies for defense that she kept only two beers in her house for beef stew broth and these were the only beers consumed by client before he left her house.

Police find abandoned SUV rolled onto its roof at 2:30 a.m. Officer responds to home of registered owner where mother allows officer to enter home to speak to her son. Client appears in boxer shorts and admits to officer that he was driving car but claims he fell asleep at wheel, did not have cell phone to call police and was picked up and driven home by a good Samaritan. Officer continues to question client in his kitchen, conducts field sobriety tests and arrests client in his home for DWI. Defense Motion to Suppress allowed. Officer had no grounds to continue interrogation and detention in home where defendant denied drinking, was responsive and coherent and officer did not detect odor of alcohol, slurred speech or see any unsteadiness or sway. All evidence following initial questioning including field sobriety tests and subsequent .10 Breath test excluded. DWI Charge Dismissed.

Police respond to single car accident and find truck plowed into tree. Client found some distance away from vehicle, bleeding from head injury. Officer detects odor of burnt marijuana and client allegedly states that he “fells like someone slipped him a roofie.” Search of truck discloses marijuana pipe with pot residue. Defense prevails on Motion to Suppress excluding contraband found during search of truck. Not guilty verdict at trial on OUI Drugs charge.

Police respond to one car accident and bystanders identify client as driver of car involved. Client tells police that he is unwilling to submit to field sobriety tests because he “just smoked a joint”. Defense excludes statement from evidence as it was shown not to be the product of a voluntary waiver of his right to remain silent. Charge dismissed for lack of evidence on drug use.

Driver traveling at high rate of speed loses control and crashes off road where he is knocked unconscious. When client regains consciousness, he begins to struggle with responding police and EMTs, whom allege client is belligerent, combative and smells of alcohol. Client transported to hospital without first submitting to field sobriety or breath tests. Charge dismissed where evidence leads to equally reasonable inferences that client’s demeanor and actions were caused by serious head injury as opposed to alcohol consumption.

Client’s vehicle stopped by police for BOLO (be on lookout for) following alleged fight at outdoor gathering. Client admits he witnessed fight where he was pepper sprayed and had a few beers earlier. Following field sobriety tests client is arrested and charged with DWI. Defense prepared to exclude both preliminary and standard breath test evidence at trial. DWI charged dismissed prior to trial.

Client stopped by police for alleged marked lanes violations. Driver admits to drinking some hours earlier and she has difficulty with parts of field sobriety testing and does well on others. Breath test refused following DWI arrest. Defense negotiates dismissal of both Adminstrative License Loss (ALS) for breath test refusal and DWI charge prior to trial.

Client stopped by police for minor traffic violation. Driver admits to only two beers over course of evening. Video evidence utlized by defense to demonstrate client’s sobriety and rebut allegation of impairment. DWI charge and ALS dismissed prior to trial.

Client stopped for broken license plate light and failure to completely stop and signal turn. Police note an odor of alcohol, glassy eyes and slow deliberate movements and speech. Defense wins pre-trial motion to suppress search of vehicle to exclude open container of beer and thirty-pack. Trial defense focuses on field sobriety tests and their actual relationship to safe driving. Not guilty verdict following trial.

Client stopped by police for running red light. Driver engaged on cell phone in an attempt to find out location of vehicle registration while officers command him to hang up phone and exit vehicle. Police detect odor of alcohol and slurred speech. Verbal argument leads police to forcibly remove driver from vehicle where struggle ensues. Driver charged with OUI, Disorderly Conduct and Possession of Drugs. Drugs excluded prior to trial on defense Motion to Suppress as fruits of illegal search. Not guilty verdict on OUI and Disorderly Conduct following jury trial.