Not Guilty verdict following jury trial. During traffic stop client tells police officer he drank seven beers. Defense presents evidence and testimony that consumption took place over several hours and client was not impaired by alcohol at time of stop.
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NH DWI Charge Dismissed
Defense wins Motion to Suppress utilizing police cruiser video. Court agrees that police officer lacked sufficient facts to stop defendant. Client drove onto double yellow line four times without crossing it on rural winding road. Driver only crossed double yellow line when cruiser’s blue lights were activated.
NH DWI Charge Dismissed
Defense wins motion to suppress at trial. Defense argues stop, seizure and arrest of client at sobriety checkpoint roadblock illegal. State cannot prove selection of defendant from flow of traffic followed Court approved roadblock operational plan. Complaint charging DWI 1st Offense dismissed.
NH DWI Charge Dismissed
Defense wins motion to suppress at trial. Arresting officer stops client for crossing double yellow line once and straddling lane markers through two (2) intersections over one mile stretch of road. Only clues of intoxication after stop are an odor of alcohol and admission by client of having “one drink”. Court agrees that arresting officer did not have sufficient facts to allow traffic stop to continue and request driver to exit car for field sobriety tests.
Not Guilty on Operating After Revocation Charge in NH
N.H. resident has driving privileges suspended in Massachussetts following plea to OUI , under 21 charge. Months later stopped by N.H. police and charged with Operating After Suspension. Court finds client not guilty at trial. Defense rebuts presumption that client received notice of suspension of his N.H. driver’s license from the N.H. Department of Safety.
Not Guilty on MA Indecent Assault & Battery Charges
Client found not guilty following Superior Court jury trial. Prosecution cannot establish identity of the perpetrator. Defense presents evidence that client was wrongly singled out for prosecution without further investigation of other available suspects.
NH Transportation of Controlled Drug Charge Dismissed
Defense secures not guilty verdict at trial in May 2002 on complaint charging Drving While Intoxicated (drugs). Following first trial State serves new alternative complaint charging transportation of controlled drugs, which carries loss of license penalty. Defense files and prevails on Motion to Dismiss new complaint for violation of Double Jepoardy protection.
Not Guilty NH DWI Charge
Client is stopped after making two wrong turns on one way streets in front of Police cruiser. After trial, Court takes view of scene to confirm defense argument that location of field sobriety testing is uneven crumbling pavement. Arresting officer forced to admit the client passed “most accurate” of three standard field sobriety tests.
Not Guilty MA OUI Charge
Defense wins Motion for Required Finding of Not Guilty during jury trial. Prosecution rests but fails to present evidence that the defendent’s impairment was due to alcohol consumption despite other evidence of intoxication.
Not Guilty NH DWI Charge
Client charged with Driving While Intoxicated (marijuana) and Possession of a Controlled Substance. Defense excludes from evidence the client’s blood test results and the State lab certification that the “green leafy substance” is marijuana. State forced to dismiss Possession charge and client found not guilty after trial on the DWI charge