Author: mike

Young driver stopped by police at 4:00 a.m. for speeding. He and his girlfriend passenger both admit they were drinking before going to bed, but were up early to return home for work. Officer notes strong odor of alcohol, glassy/mirror like eyes and slurred speech. Officer notes 6/6 on HNG and swaying while standing still, but only 1 out of 8 clues on walk and turn. 3 out of 4 clues on one leg stand. DUI charge dismissed prior to trial.

Police are responding to citizen cell phone 911 call reporting an erratic operator on highway. Driver is spotted walking back to his car parked off break down lane from tree line zipping up his fly. Officer backs up and finds client in driver’s seat. Officer notes odor of alcohol and glassy eyes. Driver participates in field sobriety testing, but video evidence clearly shows there is a language barrier. Post arrest breath test of .11 is challenged due to multiple officers allegedly conducting required 20 minute observation period. DUI charge dismissed prior to trial.

Client is stopped for speeding on highway in excess over 30 MPH of posted limit. Officer notes an odor of alcohol coming from the vehicle but no other indicators of impairment. Driver complies with exit order and participates in field sobriety testing. Defense is prepared to utilize Body Worn Camera and Cruiser camera footage to show client’s strong performance on field sobriety tests and officer’s failure to comply strictly with testing procedures. Defense also files Motion to Suppress Exit Order challenging continued investigation with only an odor of alcohol present. Aggravated DUI and DUI charges dismissed prior to trial.

Police respond to report of driver passed out, asleep or having seizure in drive thru of McDonald’s. Driver is initially interviewed by 1st officer on scene. 2nd Officer on scene requests driver participate in field sobriety testing after he refuses medical treatment from EMS/Fire units. He notes slurred speech, glassy eyes and an odor of alcohol, also the driver’s apparent confusion as to his exact location. Driver ultimately refuses to take field sobriety tests or post arrest breath test. Defense ensures refusal evidence will not be admitted at trial, offer’s booking video as evidence and confirms through civilian 911 reporting witness that he thought it was a medical emergency/seizure. Not guilty verdict following jury trial. Lifetime look back consequences of Melanie’s Law avoided. Enhanced chemical test refusal suspension vacated.

Police stop driver for maneuvering around toll booth traffic onto shoulder of road. Driver admits he lacks EZ pass and toll lane he entered was closed. Officer notes watery eyes, odor of alcohol and driver’s admission that he had a beer at a friend’s house. Driver participates in field sobriety tests and is arrested and charged with DUI when he fails to perform satisfactorily on HGN, balance and walking exercises. Defense prepared to challenge results based on his advanced age and physical limitations. Post arrest blood test drawn nearly two (2) hours after arrest is .038. DUI charge dismissed at trial management conference.

Police stop driver on highway for speeding which exceeds for than 30 MPH over the posted limit. Officer notes driver’s glassy eyes, slurred speech and odor of both marijuana and alcohol. Driver admits to smoking earlier in the day, and only drinking hours before she left Boston for NH. Defense prepared to challenge field sobriety evidence based on client’s relatively good performance in high heel boots in freezing temperatures. One of State’s necessary witnesses fails to appear for trial. Aggravated DUI and DUI charges dismissed.

Police follow driver coming off highway onto municipal streets. Officer notes vehicle traveling on wrong side of road and observes damage to front passenger side when vehicle makes wide turn. After traffic stop officer sees fresh vomit on side of truck outside driver’s window and detects strong odor of alcohol, slurred speech and glassy/bloodshot eyes. Arrest follows roadside fields sobriety tests. Booking process is aided by on call Portuguese interpreter. Defense challenges field sobriety test instructions without interpreter and uses booking video to depict driver’s apparent sober demeanor and behavior. Not Guilty verdict following trial.

Police find client parked on side of road in early morning hours. He exits from passenger side of vehicle which is not running. Client admits he is waiting for a ride to pick him up because he had too much to drink. The officer notes obvious signs of impairment and arrests client following field sobriety tests. Post arrest breath test .12. Defense prepared to challenge sufficiency of evidence of operation. DUI charge dismissed prior to trial.

Police respond to report of vehicle off roadway at DPW access ramp on highway in early afternoon in clear, dry weather. Driver appears highly agitated and upset about his damaged vehicle and explains that he was trying to turn around off highway to get to NH from Boston. He denies drinking that day, only the night before. Eventually, police suspect impairment by alcohol given client’s unusual statements and behavior. Defendant consents to filed sobriety tests and is arrested. Defense utilizes portions of body worn camera footage to challenge validity of field sobriety tests and unusual OUI investigation. Not guilty verdict following jury trial. Lifetime lookback consequences of Melanie’s Law avoided. Enhanced chemical test refusal suspension vacated.