Author: mike

Police respond to local restaurant for complaint of loud and threatening patron that appears intoxicated. Police find client outside restaurant near his truck. He is allowed to leave scene after it is determined that no crime is committed and told not to drive. Shortly after, police find client sleeping in his truck at the back of the same parking lot. Driver admits to moving truck to that location. He is arrested following field sobriety tests and submits to post arrest .13 breath test. Defense files Motion to Exclude breath test results as unreliable based on testing sequence captured on booking video. OUI charge dismissed prior to trial.

Police stop client on highway in late afternoon after receiving citizen cell phone complaint about his driving. Police note odor of alcohol and the driver’s glassy/bloodshot eyes. He initially refuses testing but is then convinced by police to take standard field sobriety tests. Wife and minor children in car. Driver arrested for DUI and Aggravated DUI due to minors in car. Driver clearly speaks little English and defense files motions to exclude field sobriety test evidence and refusal of breath test evidence due to obvious language barrier. Aggravated DUI and DUI charges dismissed prior to trial.

Police responding to report of “homeless guys” drinking and driving in a early model convertible. Police locate vehicle with client driver and two passengers. Passengers clearly intoxicated and a single open container is found in vehicle. Police do not immediately detect any signs of impairment from driver, but he submits to field sobriety tests leading to arrest and post arrest breath test of .11. Defense prepares Motion to Suppress challenging stop of vehicle and exit order. DUI charges dismissed prior to trial.

Police respond to scene of single car crash. Client admits that he is driver and he crashed trying to avoid an animal in road. Police note he is very talkative with a strong odor of alcohol emanating from his person. Police follow driver to hospital and conduct Horizontal Gaze Nystagmus test in ER. Driver refuses requested blood test, but police later obtain his hospital laboratory blood result by search warrant (.13 BAC). Defense prepares motions to challenge probable cause to issue warrant and probable cause for arrest. DUI Charges dismissed prior to trial.

Police officer stops to investigate a vehicle that he sees parked on side of road with lights on. Driver is asleep behind wheel with music playing but car is not running. Officer requires several minutes to wake driver. He then notes an odor of alcohol and red/glassy eyes. Driver exits upon request and is cleared medically by EMTs. Driver is 4/6 on HGN, passes the Walk and Turn Test and Passes the One Leg Stand Test. He refuses post arrest breath test and becomes belligerent and argumentative in booking refusing to sign documents. Defense prepared to argue shelter defense, as client was left at scene in car by his sister who was drove to that location and he did not know where he was or whether he should drive. DUI Charge Dismissed prior to trial..

Driver stopped for speeding 78 MPH in 55 MPH zone. Officer notes odor of alcohol and slurred speech as driver admits to drinking a few beers on a boat that day. Driver cannot complete HGN as directed and does reasonably well on Walk and Turn Test. Driver passes one leg stand test. After arrest he refused requested breath test. DUI Charge Dismissed prior to trial.

Police officer watches car fail to come to a complete stop at Stop sign and then fail to yield the right of way to his unmarked cruiser. After stop driver denies drinking, but officer notes odor of alcohol from the car and driver’s slurred speech and red eyes. Driver is 6/6 on HGN, 5/8 on Walk and Turn but passes One Leg Stand Test. Driver refuses post arrest breath test. DUI charge dismissed prior to trial.

Police respond to single car accident where fire department requested their assistance with possibly impaired driver. Client admits he left roadway when his brakes failed and that he was coming from hockey rink up the street. Officer thinks his speech is slightly slurred. Driver deny drinking and refused to participate in field sobriety tests. Only after arrest does officer detect an odor od alcohol emanating from the driver. DUI Charge Dismissed prior to trial. Non motor vehicle disposition negotiated to avoid Habitual Traffic Offender classification for MA driver with history of prior “major” driving offenses.

Police respond to a report of a vehicle having lane control issues. Car is spotted at gas station and young driver is seen returning to driver’s seat from behind building. Driver admits he was behind building “taking a piss,” and he had a “couple of drinks.” Officer notes and odor of alcohol and red/glassy eyes. Driver first agrees to take field sobriety tests, but then decides not to when his passenger yells out “stop answering questions!” Driver is arrested and refuses post arrest breath test. DUI Charge Dismissed prior to trial.