Author: Developer

Client charged with violating restraining order held by ex-girl friend when he walks past her place of employment at large shopping Mall twice in two week time period. Client found not guilty after trial. Arresting officer admits that he has no evidence that defendant had prior knowledge that alleged victim had taken job in Mall where he regularly had his hair cut. State can’t prove “knowing” violation of restraining order.

Business partnership dissolves following dispute over money and embezzlement. Client charged with forging and/or misappropriating company funds for personal use in excess of fifty thousand dollars ($50,000). Defense investigation through subpoenaed bank records shows that alleged victims were actually committing theft by check and forgery while the defendant was out of country with his family. Charges against client dismissed by Court.

Client’s .14 Breath test wrong. Defense hires independent laboratory to re-test client’s captured breath sample. Independent lab finds client’s alcohol level actually .05 at time of arrest, defense presents evidence that police department’s breath testing machine defective.

Client’s .14 Breath test excluded as evidence. Defense sucessfully argues that State failed to prove that defendent waived his right to refuse breathalyzer test.

Defense wins Motion To Suppress. Police stop client for alleged seat belt violation (passenger in bed of truck) and illegally elevated 4×4 suspension. Defense proves no violation of seat belt law or Registry rules for truck suspensions. Stop deemed illegal. Charge dismissed.

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.

Client riding as passenger in pick up truck stopped by police for alleged “loud muffler” on Route 95 off ramp. Police Officer checks licenses and registration but doesn’t issue ticket, instead calls for back up, removes young men from truck and pats them down for weapons. After finding contraband on client, Trooper asks for consent to search vehicle and he finds two (2) ounces of marijuana. Defense wins Motion to Suppress. Court agrees that the prolonged detention at roadside and subsequent searches are illegal as beyond scope of any legitimate stop for issuing ticket.