Author: Developer

Client arrested and charged with DWI, under 21, following minor collision in restaurant parking lot. Trial on all issues including public way, operation and impairment. Client’s breath test (.11 BAC) excluded as prosecution did not call breathalyzer machine operator as necessary witness and defense did not stipulate to test procedure and results. Booking video utilized to rebut officer’s testimony regarding client’s alleged intoxicated appearance and difficulty with field sobriety tests.

U.S. District Court, Boston, MA. Client and co-defendant found not guilty following two week jury trial on indictments charging five (5) counts of mail fraud each, 18 U.S.C. section 1341. U.S. Attorney and A.T.F. allege that defendants conspired and schemed to defraud two (2) insurance companies of fire insurance proceeds following arson at restaurant operated and owned by defendants. Defense focuses on jealous husband as possible suspect in arson and status of restaurant at time of fire as small but growing successful venture, lack of financial gain or financial motive by defendants to start fire and pursue insurance money which did not cover actual losses.

Client arrested for OUI following single car accident. RMV suspends license for 120 days for alleged breath test refusal. Defense presents evidence to RMV at administrative hearing that client’s inability to complete test is due to illness and police operator inexperience with new breath test equipment. Suspension vacated, license reinstated pending trial.

Jury trial. Client falls asleep and goes off rural road drivng home in early morning hours. Police, Fire and EMT’s respond to scene. Police officer notes glassy eyes, odor of alcohol and client’s admission to a “few beers.” Defense cross exam focuses on Officer’s failure to account for head injury due to air bag deployment and collision when conducting field sobriety tests and fatigue as factor for crash. Court allows defense Motion for Required Finding of Not Guilty.

Client’s truck slides off road and lands in watery ditch during snow storm. Towed from ditch by good Samaritan with farm tractor. Short time later police officer stops client for “Hollywood roll” through stop sign and failure to use turn signal. Officer sees that truck and driver are covered in mud. Officer notes odor of alcohol, glassy eyes and admission to “two beers.” Defense establishes driver’s minor problems with sobriety tests are more likely caused by wet clothing and freezing temperature than alcohol consumption.

Police allege under 21 client almost strikes police officers in cross walk due to inattentive driving. Police arrest driver for open container, transportation of alcohol and Under 21 DWI (minimum mandatory penalty 1 year loss of license). Negotiated plea to new complaint charging reckless operation, with 60 day loss of license, DWI complaint dismissed.

Police stop 57 year old driver after he passes cruiser parked to block traffic at unrelated accident scene. Driver admits to one beer and one glass of wine. Defense submits driver had some difficulty with standard balance and coordination tests due to pre-existing back and knee problems. Defense utilizes booking video to demonstrate client’s sobriety. DWI complaint dismissed.

Client found not guilty at trial on DWI charge. Client stopped for speeding but no other erratic operation. Odor of alcohol, glassy and blood shot eyes observed by officer. Client admits to having “a few”. Field sobriety tests are conducted on roadway with substantial grade. Court not convinced beyond reasonable doubt that driver was impaired by alcohol in light of client’s performance on tests and evidence that hill would adversely effect client’s ability to perform standard field sobriety tests.

Defense’s Motion to Dismiss DWI complaint allowed by Court. Client charged with DWI following one car accident. Client’s car left roadway when she bent over at wheel to retrieve ringing cell phone. Defense argues accident due to inattentive driving and cell phone distraction. Police unable to conduct field sobriety tests or breath test. Client pleads guilty to lesser offense of Negligent Operation with no loss of license.

Defense wins Motion to Suppress. Client is passenger in truck stopped by police for failure to display license plate. During routine stop driver points out to officer temporary plate taped to inside of tinted rear window. Officer detects odor of marijuana coming from truck. Officer runs warrant and license check on driver and passenger then returns to truck. Officer asks driver to step from truck to show him that temporary plate not visible from rear of truck through tinted window. During this discussion outside truck officer observes passenger make an “unusual” movement while still seated in truck. Officer asks passenger to step from vehicle for search and sees marijuana pipe in client’s open pocket. Client arrested and charged with possession of drugs. Driver subsequently arrested for DWI Drugs. Court agrees with defense that police illegally prolonged and extended scope of routine motor vehicle stop.