Author: Developer

Client stopped by Marine Patrol for failure to turn on stearn/bow lights while exiting channel at night. Officer conducts routine safety check and detects “faint” odor of alcohol and “slightly” slurred speech. Client boater asked to board patrol vessel for battery of field sobriety tests. Circumstantial evidence supported finding that nervousness contributed to difficulty with two field sobriety tests while client performed perfectly on third test. Evidence of refusal of breath test excluded by defense. Not guilty finding after trial.

Single car accident reported to police by citizen who hears crash outside of house but does not see it occur. While talking to 911 dispatcher witness returns to window and sees young man exiting vehicle on driver’s side. Witness unable to identify client as this person with certainty on day of trial. Police arrive to find two highly intoxicated young men outside of car. Client admits to being driver, but later recants during booking at station. Vehicle owned and registered to the second man present who attempts to leave the scene in damaged car after walking away from investigating police officers. Defense stipulates to intoxication and public way, challenges operation on lack of evidence to identify client as driver or to corroborate his withdrawn admission that he was driver at time of accident. Not guilty verdict following trial.

Driver stopped by police after helping his friend tow his vehicle from a deep snow bank in a fast food restaurant parking lot. Police had called owner of abandoned vehicle thirty minutes earlier and asked him to remove vehicle from lot. No erratic operation, police allege stop made of both vehicles in parking lot to investigate “suspicious activity” around abandoned vehicle. Exit order, field sobriety tests, admission of drinking, glassy eyes, slurred speech, etc. Motion to Dismiss allowed at trial. Parking lot closed to public after regular business hours and not a “way” for purposes of the drunk driving statute.

Client stopped for speeding and marked lanes violation. Driver admits to officer that he drank 5 or 6 beers. Officer notes an obvious limp when driver steps from vehicle plus odor of alcohol, red and glassy eyes and thick tongued speech. Defense submits medical records to prove limp is caused by recent surgery to remove orthopedic hardware from leg three (3) weeks before arrest. Defense argues driver’s inability to complete field sobriety tests perfectly is due to the injury and defendant’s large size and weight would allow him to consume 5 beers and still drive safely.

Anonymous cell phone caller reports to local police vehicle “all over the road”, giving plate number and brief description of vehicle and location. Police set up observation on same road to intercept vehicle 5-6 miles south of reported location. Police stop client after confirming plate number but the police officer does not observe any erratic or dangerous operation. Defense wins “Motion to Suppress” the stop arguing that police did not corroborate any details of anonymous report of erratic operation and that initial report lacked sufficient detail to be deemed self verifying. DWI charge dismissed.

Client arrested following single car roll over accident having informed arresting officer that he lost control of SUV while reaching to pick up cell phone from floor of vehicle. Driver exhibits difficulty completing field tests which require balance and coordination. Admits to five (5) drinks over course of evening. Defense presents medical records from driver’s visit to ER the next day and follow ups with his PCP, indicating inner ear and head injuries from accident, causing nausea, loss of balance, dizziness and nystagmus (eye symptom relied upon by police as evidence of intoxication, also symptom of head injury). Court allows defense motion to dismiss DWI complaint. Driver pleads to lesser offense of negligent driving.

Client stopped for speeding while driving late model corvette on highway. Police officer makes arrest following alleged failed field sobriety tests. Booking video utilized to rebut claim that client was unsteady on feet and slurring speech.

Client’s car breaks down and police find him waiting for tow and ride home. Keys in ignition but vehicle inoperable with only hazard lights activiated. Odor of alcohol and admission to “a couple of beers”. Client arrested following field sobriety tests in frigid night temperatures. Breath test one hour after arrest .08 BAC. Trial on all issues including impairment and whether client can be “driving” inoperable vehicle. DWI complaint dismissed following trial.

Client apprehended outside of vehicle in town center at 11:00 a.m. based on citizen report to police that she had entered store asking for paper towels to clean hands following car trouble, smelled of alcohol and was unsteady on feet. No erratic operation as she leaves store and then parks further up street to exit and call AAA. Police report client appears unsteady, odor of alcohol, and difficulty with field sobriety tests. Admits to drinking prior night into morning hours. Denies drinking that day. Breath test results of .15 and .17 BAC one hour after arrest. Trial on all issues including accuracy and reliability of breath test machine in light of maintenance records and lack of necessary laboratory certifications. Police admit client is infirm and not able to take standard field sobriety tests due to obvious physical disabilities. Not guilty verdict.

Client arrested after one car accident on icy rural roadway at 4:40 a.m. Police respond and arrest client for OUI without field sobriety tests. Police determine client is driver based solely on her admissions at scene. Transported to hospital where she submits to police requested blood test, revealing .11 BAC. Jury trial on all issues. Court allows defense Motion for Required finding of not guilty on issue of operation where there is no evidence to corroborate client’s admission to being driver and exclude other person at the scene as actual driver.