Author: Developer

Client stopped by police for speeding and arrested for DWI following standard field sobriety tests. Subsequent breath test results are .19 and .17 BAC. Prosecution charges Aggravated DWI for BAC result over .16 (mandatory penalty includes 1 year loss of license). Defense focuses on accuracy of breath test results in light of machine operator’s deviation from standard procedures for test. Client found not guilty on Aggravated DWI complaint following trial and avoids enhanced penalties.

Driver stopped for marked lanes violation. Police smell odor of alcohol and arrest client for Operating Under Influence following field sobriety tests. Second officer on scene conducts search of interior of vehicle after client placed in custody and finds various items including a marijuana pipe, hand rolled joint and a bag of marijuana. Court holds search of vehicle is illegal and items found are suppressed as evidence. Defense successfully argues that prosecution did not meet burden of showing search was conducted pursuant to an established and written police department policy regarding searching and securing vehicles to be towed. OUI charge to proceed to trial.

Not guilty verdict following jury trial. Police activate blue lights and stop client .9 miles from where officer first observed marked lane violation. Client drives wrong way down marked one way street. Officer conducts standard field sobriety tests and alleges client fails tests while being unsteady on his feet, stumbling and falling down. During cross exam officer admits that client was barefoot during tests on darkened, slopped roadway and necessary procedures for tests were not followed. Further admits that client’s fall and stumble were actually limited to client reaching out with hands to regain balance.

Not guilty verdict following jury trial. Client found at scene of one car accident at 4:00 a.m. with car on snow bank into telephone pole. Admits to responding officer that she consumed champagne earlier in night. Arrest follows battery of field sobriety tests. Officer admits on cross exam that the results of field sobriety tests not necessarily valid for client based on her weight, high heels and freezing temperatures at scene.

Client charged with OUI, second offense, after police officer finds him stopped, asleep at traffic light with hands on wheel and foot on break at 2:30 a.m. Officer admits on cross exam that defendant passed one of two standard field sobriety tests. Defense offers testimony from independent witnesses that defendant was not impaired by alcohol. Defendant testifies that he was extremely tired at the end of a 21 hour day without rest and that four (4) officers present during field sobriety tests interfered and interrupted him during second test. Not guilty verdict.

Client stopped at 2:00 a.m. for executing u-turn and squealing his tires into turn several blocks later. Officer detects odor of alcohol from driver who admits to “two or three beers”. Results of standard field sobriety tests marginal, although officer deems client’s performance a failure of each test, noting slurred speech and unsteadiness on feet. Defense uses booking tape to show client is articulate, steady, polite and cooperative shortly after the arrest. DWI Complaint dismissed.

Defense wins Motion to Suppress warrantless stop, detention, search and arrest. Police stop vehicle for loud muffler. After receiving license and registration Officer alleges he detects odor of burnt marijuana emanating from vehicle. Officer orders driver to step from vehicle to submit to pat down frisk for weapons although officer admits on cross exam that he saw no evidence of weapons or suspicious movements and detected no odor of marijuana on the driver’s person. Officer next orders back seat passenger from vehicle, conducts pat down frisk and feels hard cylindrical object. Fearing object is a weapon, the officer removes object and finds it to be a bowl for smoking marijuana with residue. Again officer admits no odor of marijuana on any of the three occupants. Subsequent search of car discloses marijuana in client’s purse. Court holds search of car based on illegal pat down search Officer had no legitimate safety concerns given lack of suspicious movements, daytime hour, suburban downtown location of stop.

Not guilty verdict following jury trial. Client stopped on highway for alleged erratic operation when officer follows his car from secondary road onto interstate. Officer admits on cross exam that client passed one standard field sobriety test and the second test’s effectiveness is limited as to detection of impaired drivers. Officer admits that “Erratic Operation” on highway was speeding and tailgating tractor trailer in slow lane before executing safe passing manuever.

Police follow motorcycle driver for 1.5 miles after first noticing bike do “smoke show” at end of driveway, finally making stop for clocked speeding. Officer testifies that driver failed two standard field sobriety tests but admits on cross exam that driver passed third standard test. Defense introduces portion of video tape from cruiser showing police following bike on road. Tape shows reasonable and steady operation of the motorcycle. Not guilty verdict following trial.

Client charged with Possession of Alcohol by Minor based on statute allowing proof of internal possession by intoxication. Trial on all issues. State cannot establish foundation to allow in evidence of portable breath test (PBT). State’s witnesses cannot testify that they observed defendant consume alcoholic beverages at party. No field sobriety tests or other evidence of intoxication. Not guilty verdict following trial.