Author: mike

Several police officers and fire/EMT respond to scene of single car crash into tree. Police allege driver is displaying signs of impairment during her medical exam with EMTs on scene, including unsteadiness and confusion with the medical treatment refusal process. Police follow driver to hospital and seek her consent for blood draw, which she refuses. Police later seek warrant for hospital blood results. Defense reviews cruiser and body camera footage, where officers openly discuss the fact that they don’t see any signs of impairment. Defense files Motion to Suppress Probable Cause to Arrest before blood results are reported in excess of .20 BAC. DUI charge dismissed prior to trial.

Police stop vehicle just past 1:00 a.m. for speeding. Police note driver is displaying slurred speech an odor of alcohol and difficulty handling license and registration. Driver claims she is coming home from work. Police ask dispatch to call her place of employment, confirming she left work at 11:45 p.m. Driver admits to stopping at bar on way home and having a couple of beers. Police ask for filed sobriety tests but are limited due to driver’s disclosure of hip defect with obvious limp. Portable Breath Test result .103 BrAC. Post arrest breath test result .07 BrAC. DUI Charge dismissed prior to trial.

Police respond to single car accident with car off the road into tree. Driver claims she hit patch of black ice. Police notes extreme cold but does not find any ice on road. Only after driver is cleared medically by EMTs, Officer says he detects “slight” odor of alcohol. Driver admits to having one drink earlier and she is detained for field sobriety tests. Arrest follows field sobriety tests with breath test result at station of .10 BrAC. Defense files Motion to Suppress continued detention for DUI investigation without reasonable suspicion of crime. DUI charge dismissed prior to trial.

Police stop pick-up truck for making wide left turn. Driver claims he is coming from daughter’s house and police note odor of alcohol, glassy eyes and mumbling slurred speech. Driver completes field sobriety tests, but comments repeatedly that he can’t do balance/walking test ‘’even when sober” due to back and knee problems. After arrest driver tells police he left his wallet at “Legion.” Defense prepared to use cruiser video at trial to depict defendant’s appearance, speech, demeanor and performance of field sobriety tests. DUI charge dismissed prior to trial.

Police Officer stops to investigate car stopped in breakdown lane with male and female outside car verbally arguing. Officer notes female has blood on her face and hands and is intoxicated. Multiple officers respond to investigate potential domestic violence offense. It is determined that verbal argument ensued between two and female suffered bloody nose. Police arrange for parties to depart scene in separate vehicles, finally turning attention to driver, who admits to having drinks earlier. Police only notice odor of alcohol coming from vehicle and driver was otherwise cooperative throughout the investigation at roadside without exhibiting indicators of impairment. DUI arrest follows after driver submits to field sobriety tests. Defense prepared to argue Motion to Suppress alleging police lacked grounds to further detain driver and investigate DUI. DUI charge dismissed prior to trial.

Police officer observes vehicle slide to shoulder of road and strike speed limit road sign and mailbox. Driver admits to police that she had a drink after work for Chinese New Year celebration. Police observe odor of alcohol but no other signs of impairment. Arrest follows field sobriety tests with post arrest breath test result .08. DUI charge dismissed prior to trial.

Police officer stops vehicle on highway at 5:00 a.m. for weaving within lane and crossing lane divider lines. Driver is not displaying indicators of alcohol impairment and states he is driving to work location. Driver does admit he is taking prescribed medication. Officer requests field sobriety tests and makes arrest for DUI Drugs after driver struggles with tests and instruction. Officer notes driver’s strange demeanor and engagement. Post arrest blood test positive for stimulant. Defense confirms blood analysis is consistent with prescribed therapeutic level of Adderall and client’s behavior and demeanor are normal for a person suffering from social anxiety and autism spectrum. DUI Drugs charge dismissed prior to trial with guilty plea to only lanes violation.

Driver involved in head on collision with passenger fatality in 2nd vehicle. Both drivers are transported from the scene with serious injuries. Initially police obtain blood alcohol analysis at hospital over .16 threshold for Aggravated DUI. Administrative license suspension (ALS) at DMV dismissed because defense establishes police lacked probable cause to seize blood without consent, or implied consent warnings, because crash was clearly caused solely by other driver coming into client’s lane and hitting him head-on. Despite fatality, prosecution must drop pursuit of DUI and Aggravated DUI charges without blood evidence or other evidence of any erratic operation by client.

Young driver stopped for defective headlight and license plate lights. Officer notes distinct odor of burnt marijuana and driver admits to smoking earlier in the evening in Maine where MJ is legal. Officer requests driver participate in standard field sobriety tests. Driver does remarkably well on standard HGN, walk and turn and one legged stand tests, but DUI arrest follows. Defense prepared to argue police officer lacked expertise, education or training to reach an admissible opinion of impairment by marijuana or probable cause to arrest. Further, defense contends standard field sobriety tests are not designed for detection of impairment by marijuana. Prosecution agrees to not file DUI Drugs complaint before scheduled arraignment.