Author: mike

Police respond to report of vehicle off road. Officer finds client sitting in driver’s seat of vehicle waiting for help and engine running. Vehicle slid off road into ditch climbing icy road to family condo. Client contends his wife was driving and left husband with car so she could walk short distance home with children and call tow truck. Police allege client admits he was “driving” and cruiser audio/video supports both positions. Client arrested for DWI and submits to .09 breath test. DUI charge dismissed prior to trial.

Police respond to scene of single car accident with car off road in ditch during icy conditions. Officer notes odor of alcohol only from vehicle, not client, and that she has bloodshot eyes. No other indicators of impairment. Driver reluctantly finally agrees to field sobriety tests and ultimately admits to having three (3) drinks at her friend’s house after work. Arrest follows field tests and client refuses post arrest chemical test. Defense prepared to argue police lack grounds to continue detention for DUI investigation after driver is cleared for injury by EMS. DUI charge dismissed prior to trial.

Police officer observes driver switching lanes coming off traffic circle without signal. He then follows and sees vehicle weaving within its lane but not crossing marked lines. After stop officer notes driver’s glassy/bloodshot eyes, but only odor of alcohol coming from vehicle with passenger. Driver exits and admits to one drink. After three field sobriety tests driver refuses portable/preliminary breath test. Officer asks “why, if you only had one?” Driver then admits she had three (3) drinks. Arrest follows and driver refuses blood test. Defense files Motion to Suppress statement/admission of three (3) drinks, alleging driver was in custodial setting when question asked about PBT refusal. Also, defense files Motion to Suppress Exit Order, alleging officer did not have sufficient grounds to request exit for continued investigation . DUI charge dismissed prior to trial.

Police stop driver for failing to signal lane change and weaving within lane. Officer notes driver’s glassy/bloodshot eyes and odor of alcohol coming from car. Driver exits and admits to having two (2) drinks. After field sobriety tests officer asks driver if he thinks he should be driving, to which he says “no.” When driver refuses PBT Officer asks why and driver says he’s afraid he’ll “be over.” Defense files motion to suppress post field sobriety test statements as the result of custodial interrogation without Miranda warnings and waiver. DUI charge dismissed prior to trial.

Ma resident defaults on 2001 DUI charge and ignores matter for nearly 18 years. Defense arranges surrender on warrant and agreed upon release on bail with removal of Court default. Defense questions whether arresting officer, still employed with Department, can recall and testify about events, including field sobriety tests and .12 breath test. Client also facing jail sentence on Bail Jumping charge. Prosecution and defense agree to dismissal of DUI charge which avoids lifetime lookback consequences in MA and suspended sentence on Bail Jumping conviction.

Police stop driver for operating at night without headlights. Driver admits to having a “few drinks” and that he is from out of town driving a rental and was not aware headlights were off. Officer notes red/glassy eyes, odor of alcohol and slow speech. Driver has difficulty with field sobriety tests and instructions. Defense submits medical records of hearing loss and inner ear disturbance effecting balance. DUI charge dismissed prior to trial.