Police respond to report of unruly patron leaving establishment who is intoxicated as relayed by bar staff to Police Officer working bar detail. Description of vehicle and patron lacks detail. Police stop similar vehicle with similar looking male for making wide turn. Driver denies being involved in altercation with staff, or even coming from bar. Open container in plain view in cupholder. Two separate officers give conflicting reports of driver’s appearance. One claims he appears impaired, the other notes he simply looks tired. Detail cop arrives and identifies driver as same person who left bar earlier. Driver refuses field sobriety testing and post arrest breath test. Defense prepared to argue Motion to Suppress arrest for lack of probable cause to arrest for impaired driving. DUI charge dismissed prior to trial.
Author: mike
NH DUI Charge Dismissed
Police respond to report of domestic argument near the beach and vehicle leaving the scene with the involved parties. Officer spots described car and stops it without seeing any moving violations, but notices cracked windshield after stop. Officers separate the driver from her boyfriend passenger to get stories. Police note driver displays a slight odor of alcohol, consistent with her admission of one drink earlier. Despite no further evidence of impaired driving or domestic violence police detain driver for field sobriety testing, arrest her, and she later submits to post arrest breath test with .10 BAC result. Defense prepared to argue Motion to Suppress illegal expanded detention for DUI investigation. DUI charge dismissed prior to trial.
NH DUI Charge Dismissed
Police respond to a report of a man threatening self-harm during a confrontation with his estranged wife at her home. Police respond to his last known address ½ hour later and remove him from his home and immediately place him in handcuffs. The vehicle he was reportedly driving earlier is found in the driveway, still warm, with an open container of beer inside. The driver admits to drinking earlier, but denies he drove home, he also refuses all field test and a post arrest breath test. The request for field sobriety tests is not preceded by implied consent warnings following the arrest. Police note odor of alcohol, droopy bloodshot eyes and unsteadiness. Defense prepared to argue Motion to Suppress Statements/Admissions in violation of defendant’s Miranda rights. DUI charge dismissed prior to trial.
MA OUI Conviction (1985) Vacated
MA resident facing new 2019 DUI 1st Offense charge in New Hampshire. Counsel advises client that guilty finding in NH will trigger eight (8) year loss of Massachusetts driver’s license as 3rd lifetime offender under Melanie’s Law Lifetime Lookback provision. Client has prior OUI findings in MA in 1985 and 1992. Motion to Vacate 1985 OUI conviction allowed by Court in 2020. Defense files and argues Motion to Vacate due to client’s unknowing and involuntary plea in 1985. Supporting affidavit from client establishes that he was 21 years old at time of plea, which was same morning as his arrest, and he proceeded on the advice of a police prosecutor “to pay a fine and get it over with” without the advice of an his own attorney or an understanding of the charge, his rights and the consequences of his plea.
NH DUI Charge Dismissed
Police stop vehicle on highway for numerous marked lanes violations. The driver admits to being lost and distracted by an argument with his passenger and struggling to see the road through a fogged windshield. The officer notes an odor of alcohol, red/glassy eyes and somewhat slurred speech. Driver struggles with field sobriety tests, but also discloses several longstanding medical conditions with his hips and legs. Pre-tow search of car discloses cooler with many unopened beers, including non-alcoholic beers. DUI charge dismissed prior to trial.
NH DUI and Aggravated DUI Charges Dismissed
Driver is stopped by police for speeding in excess of 30 MPH over posted limit. Officer engages driver in conversation and she admits to speeding, but is in a rush to pick up a friend. Officer notes only a strong odor of perfume. When officer returns with citation, he asks further questions and learns the driver is coming from a club in Massachusetts. Driver admits to drinking earlier and then fails field sobriety tests upon exit. Post arrest breath test .13 BAC. Defense files Motion to Suppress, lack of indicia of impairment to extend roadside detention and investigation after purpose of stop end. Officer’s arrest report also contains obvious mistakes including cut & paste information from another arrestee’s breath test sequence. DUI and Aggravated DUI charges dismissed before trial.
Maine OUI Charge Dismissed
Massachusetts driver stopped for center line encroachment as she passes police cruiser just prior to 1:00 a.m. Cruiser mounted video depicts the driving, stop, roadside encounter and field sobriety testing. Post arrest breath test results in .10 BAC. Defense files and argues Motion to Suppress alleging cruiser video does not depict a clear lane violation. Motion denied by Court. Defense requests jury trial date and that Prosecutor make available State’s Breath Test technician/expert to allow confrontation on reliability and accuracy of breath test results. Defense also prepared to present video evidence to rebut alleged impairment. OUI charge dismissed prior to trial with plea to lesser non-OUI offense. No impact under Massachusetts’ Melanie’s Law Lifetime Lookback.
NH DUI Charge Dismissed
Police stop truck for center line violation. Driver admits to a having a couple of beers with dinner after going to pick up and drop off his friend. Police note odor of alcohol, glassy/red eyes and somewhat slurred speech. Driver arrested after field sobriety tests. Defense prepared to use cruiser video to establish driver’s decent performance on field sobriety tests. DUI charge dismissed prior to trial.
NH BWI Charge Dismissed (Boating)
Law Enforcement monitoring huge flotilla of vessels on sandbar. Officers start to issue citations for illegal rafting where more than two (2) vessels are lashed together. Client engages with Patrol Boat Officers on three (3) separate occasions after he is cited to discuss and challenge the alleged rafting violation or ask for registration/license documents he feels officers kept. Only upon third encounter do officers note any signs of impairment. Client arrested after field sobriety testing on Marine Patrol vessel. Refuses post arrest breath test. Defense prepared to argue Patrol lacked grounds to detain client for BWI investigation. BWI charge dismissed prior to trial.
NH DUI Charge Dismissed
Police respond to 911 call describing pick up truck with lane control issues. After finding and following vehicle police conduct motor vehicle stop. Only indicator of impairment is an odor of alcohol. Driver denies, but later admits to one (1) beer hours earlier. Following exit order and failed field sobriety tests driver is arrested for DUI. After two (2) different local Police Departments deny use of breathalyzer due to COVID concerns, driver refuses blood test at hospital, also for COVID concerns. Defense files Motion to Suppress Exit Order based on lack or reasonable suspicion of impairment. DUI charge dismissed prior to trial.