Author: Developer

Client stopped for expired registration sticker. Officer notes driver has red, bloodshot, glassy eyes, difficulty retrieving license and some confusion answering questions. Search of vehicle turns up drug paraphernalia. Driver allegedly admits to smoking marijuana shortly before being stopped. Defense cross examination focuses on driver’s successful performance on two of the field sobriety tests. Defense challenges arresting officer’s expertise to form opinion regarding effects of recently smoke marijuana on driver. Not guilty verdict following trial.

Police observe client speeding on wet, slick road and then lose control going off road into trees. Police Officer notes odor of alcohol coming from driver before he is cut lose from car by Fire/EMT(s) and transported to hospital for treatment. No field sobriety tests, hospital lab blood test inadmissible, state’s blood tests are inconclusive as to whether driver’s blood alcohol content was above or below legal limit at time of accident. Defense Motion to Dismiss for lack of evidence allowed as to Aggravated DWI and regular DWI charges.

Client stopped by police in early morning for driving without headlights. Officer notes odor of alcohol, slow speech and movements and red glassy eyes. Client arrested following field sobriety tests. Defense photos show area is well lit business district. Cross exam focuses on lack of erratic operation and client’s ability to pass much of the field sobriety tests. Not guilty verdict following jury trial.

Police respond to client’s home to investigate single car accident with tree at 11:00 a.m. 100 yards from his house. Police find client unsteady, confused, disoriented and note odor of alcohol and slurred hesitant speech. Client admits to drinking a few beers the night before and is arrested for OUI and Leaving the Scene of an Accident following field sobriety tests. Defense uses medical records, photos and witness testimony to establish client injured by cracking windshield with head and fell asleep at wheel after exhausting work week. Not guilty verdict on both charges following jury trial.

Motorcycle driver stopped by police for driving wrong way on one-way street. Driver admits to drinking only two beers. Officer concludes driver failed standard field sobriety tests but does note in his report driver’s prior “leg injuries”. Defense presents medical records related to these serious injuries as they tend to invalidate field sobriety tests. DWI charge dismissed.

Client arrested for OUI offense after allegedly leaving the scene of minor traffic accident. Client is found several blocks from abandoned vehicle allegedly involved in minor accident. Charge is dismissed for lack of necessary evidence to establish identity of driver at time of accident.

Client stopped for stop sign violation. Officer notes odor of alcohol and slurred speech. Client unable to submit to standard field sobriety tests due to disabling injuries to his joints and legs. Not guilty verdict following trial.

Police respond to report of hit and run property damage accident. Client subsequently arrested in his home by investigating police officers. Defense challenges validity of entry into home and arrest without a warrant. Prosecution cannot show that police obtained consent of residents prior to entering home Motion to Suppress allowed, charges dismissed.

Marine Patrol stop for navigational light violation. Client passes routine safety check for eqiupment by patrolman then admits to “only two beers, because I’m the designated driver.” Officer detects no odor of alcohol, slurred speech or red/glassy eyes. Defense Motion to Suppress is allowed. Further detention to investigate possible BWI offense is illegal without additional evidence to support hunch by Officer that boat operator is impaired by alcohol. Charge dismissed.

Marine Patrol stop for navigational light violation. Officer notes odor of alcohol, slurred speech and unsteadiness. Client arrested and charged with Boating While Intoxicated (DWI penalty with same loss of driver’s license). Defense Motion to Dismiss allowed as state did not identify client as person listed in complaint.