Author: Developer

Client stopped by police for speeding. Following initial questioning officer directs driver to step from vehicle to complete field sobriety testing in view of the officer’s cruiser mounted audio/video equipment. Defense requests copy of audio/video evidence as standard pre-trial discovery practice. Copy and original video footage are rendered mostly unusable due to police equipment failure. Defense prepared to argue that video was best evidence of field sobriety tests and likely exculpatory to defendant. Prosecution prepared to try case on other evidence of impairment. Defense negotiates pre-trial dismissal of DWI charge.

Client loses control of vehicle after side swiping jersey barrier in highway construction zone. Police respond to report of single car rollover accident and speak to driver and witnesses. Client transported to hospital for medical treatment and routine blood test indicates blood alcohol content over legal limit. Defense continues to request trial dates and plans to exclude blood test on evidentiary grounds. Charge dismissed when government is unable to produce witnesses to operation, arrest and blood testing.

Client stopped by police while driving home from scene of minor fender bender on highway off ramp. Police allege that driver left scene of accident without giving name, address and registration information to other driver. Defense continues to request trial dates and appears each time ready to try all issues. Charge dismissed when government is unable to produce witnesses to operation and arrest.

Client charged in NH with DWI. Defense negotiates dismissal of DWI charge. Adminstrative suspension in NH for breath test refusal is two (2) years based on prior 1993 Mass OUI conviction. Defense successfully vacates 1993 MA OUI convictiong reducing NH administrative suspension from two (2) years to 180 days.

Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.

Driver crashes car through construction barriers on re-routed section of highway off ramp in view of police detail. Vehicle is heavily damaged by falling construction sign and air bags deploy. Driver is arrested for OUI without field sobriety testing or an admission of drinking. Defense obtains dismissal of OUI charge on second trial date based on government’s inability to produce a police witness to testify regarding the grounds for the arrest and opinion that the driver was impaired by alcohol.

Police allege client drove while impaired by alcohol in parking lot outside condominium complex causing minor property damage to second vehicle. Following field sobriety testing and arrest police allegedly advise client of his implied consent rights regarding alcohol breath testing. Police seize license and issue temporary 30 day driving permit to be followed by 180 day suspension for client’s alleged refusal of breath test. Defense requests hearing on administrative license suspension (ALS). State fails to timely file “sworn report” setting forth grounds for arrest and alleged chemical test refusal. 180 day suspension vacated.

Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 11/2 hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.

Police find client standing near scene of one car accident. Officer determines client was driver of vehicle and was operating while intoxicated but decides to place her in “protective custody” while he investigates vehicle’s involvement in earlier accident. Client released from police station with out being charged, booked or issued a citation putting her on notice of OUI charge. Defense Motion to Dismiss OUI charged allowed for police failure to issue citation at time and place of offense.

Client stopped by Marine Patrol for navigational lights violation, subsequently arrested for BWI and fails breath test. Defense Motion to Dismiss allowed on trial date when State was not able to proceed with necessary witnesses trained and certified in field sobriety testing to establish probable cause for arrest. Only available witness was a trainee officer not certified in all aspects of BWI investigations and field sobriety tests.