Author: Developer

Client stopped and arrested for DWI, hires counsel and enters not guilty plea requesting trial. Six month administrative suspension due to begin thirty days after arrest based on .13 breath test. Defense requests administrative review hearing challenging validity of breath test results. Defense finds that requisite documents certifying calibration and maintenance of breath test machine and attached simulator device do not match equipment serial numbers on record of breath test. State cannot validate test results pursuant to controlling administrative rules. Six month administrative suspension rescinded.

Client stopped for speeding. Officer notes strong odor from car and finds a half-empty can of beer hidden in the console. Officer testifies client failed three standard field sobriety tests. Defense focuses on reliability of tests using scene photos to cross examine the arresting officer. Client testifies to consuming 3-4 beers while playing pool after a 12-hour work day. Not guilty verdict following trial.

Police officer watches client enter passenger door of pick up truck and then run around to driver’s side to enter and start truck. Truck leaves store parking lot “expiditiously” but then pulls into 7-Eleven parking lot in an “evasive” manner. Officer waits to pull truck over in traffic to determine identity of driver and registered owner information. Driver charged with DWI following stop. Defense Motion to Suppress allowed, officer lacked reasonable specific facts support stop for criminal activity. DWI complaint dismissed.

Police officer observes client swaying and staggering on sidewalk in vicinity of local bar at 1:00 a.m. Weather is cold with ice and snow on ground. Officer decides to circle block to pick up client and drive him home. Officer sees client behind wheel of truck exiting parking garage but continues by and allows truck to exit. Officer runs registration plate through cruiser on board computer to confirm ownership as truck continues on with no erratic operation or equipment violations. Subsequent stop of vehicle deemed illegal when observations only gave rise to mere suspicion or hunch that driver was impaired by alcohol. Pre-trial Motion to Suppress allowed.

Police respond to single car accident with telephone pole. Driver admits to “losing control” of car. Officer detects odor of alcohol from driver and administers field sobriety tests which in his opinion driver fails. Defense challenges validity of test results given poor lighting and wet snowy conditions at scene. Defense offers breath test results of .06 BAC to contradict officer’s opinion that driver was impaired by alcohol at time of accident. Not guilty verdict at trial.

Client stopped by police for alleged marked lanes violations and speeding. Officer testifies that client failed five field sobriety tests. Cross exam establishes that client actually passed three of the standard tests and the remaining two tests are not validated tests for detection of impairment by alcohol. Defense excludes breath test result of .12 BAC due to lack of valid implied consent procedure. Not guilty verdict at trial.

Police respond to report of minor fender bender in apartment complex parking lot. Client found outside running vehicle and admits to being “too drunk to drive.” Civilian witness testifies that he observed client driving only in parking lot. Client arrested and submits to breath test result of .23 BAC. Defense argues lack of evidence presented to support finding beyond reasonable doubt that client operated on a “public way” as required by drunk driving law. Not guilty verdict at trial.

Police stop vehicle for erratic operation and officer suspects that driver and passenger switched seats before stop. Officer admits there was some confusion at the scene as to which person was actually driving and that his vantage point did not allow him to see if a switch occurred. Police select client as driver and arrest him for OUI following standard field sobriety tests. Breath test results are .33 BAC. Defense presents alleged passenger at trial to admit she was the actual driver and her therapist backs up her testimony, confirming woman sought treatment for stress caused by her failure to admit the truth at the scene. Not guilty verdict following jury trial.

Client stopped by police for broken taillight, speed and marked lanes violation. Driver admits to one (1) mixed drink and submits to three standard field sobriety tests. Defense argues client passed the Horizontal Gaze Nystagmus (HGN) Test, a test routinely relied upon by the State as the “most accurate and reliable test.” Defense Motion to Dismiss allowed on DWI complaint.

Client stopped for speeding. Officer detects odor of fresh burnt marijuana, blood shot eyes and odor of alcohol. Client admits to smoking half a joint just prior to stop but completes field sobriety tests without difficulty. Defense cross exam establishes standard field sobriety tests are not validated for detection of impairment by marijuana. Blood test is negative for alcohol but positive for marijuana. State’s expert witness admits that positive blood tests for THC only establish “window of use” and do not establish impairment which can vary significantly among individual marijuana users. Not guilty verdict following trial.