Police follow car for one mile noting varying speeds and that driver is following too closely to vehicle in front. After traffic stop, driver, college student, admits that he was up very late drinking with friends the night before prior to graduation ceremony. Cruiser and body cam display driver as cooperative and polite. Driver also does remarkably well on field sobriety tests. Post arrest breath test is .17 BrAc, resulting in DWI and Aggravate DWI charges. Defense utilized officer body cam footage to establish violation of breath test 20 minute observation period. State concedes breath test evidence is not admissible at trial. DWI charges dismissed prior to trial.
Author: mike
NH DWI Charge Dismissed
Police respond to report of driver leaving heavily trafficked area through an area no open for vehicular traffic. Police find reported vehicle stopped on travel portion of road. Driver tells police he is waiting for friend to catch up to him, so he can follow her home. HE admits to a few drinks, “call it three(3)”. Police allege he fails standard Field Sobriety Tests and refuses post arrest breath test. Defense prepared to challenge legality of initial traffic stop based on report of conduct that was not criminal. DWI charge dismissed prior to trial.
Not Guilty Verdict MA OUI Charge
Driver stopped by police in early morning hours for speeding violation. Officer notes odor of alcohol emanating from driver and his glassy/bloodshot eyes. Officer inquires about destination and whereabouts. Driver admits to having a few beers earlier at his friend’s house, hours earlier and states he his headed home. Driver refuses to submit to field sobriety tests and post arrest breath test. Refusal evidence is not admissible at trial in Massachusetts. Not guilty finding verdict following trial.
Application for OUI Drugs Charge dismissed
Police respond to vehicle stopped in travel lane of road. Driver appears to be passed out and possibly suffering overdose on narcotics. Police try to speak to driver, but he is incoherent and non-responsive, falling in and out of consciousness. Driver is ultimately transported to hospital for medical evaluation and police decide to issue summons for OUI Drugs Charge. Defense prevails on Clerk/Magistrate to deny application for criminal OUI Drugs charge due to lack of admissible evidence of impairment.
NH DWI Charge Dismissed
Police notice vehicle traveling without headlights in early morning hours. Before they can stop vehicle they further observe driver make illegal u-turn. Driver admits to being out with friends earlier, but he was the “DD”. Police note he does not know the exact name of the clubs was at and take his confusion as evidence of impairment. Police note an odor of alcohol and glassy eyes, but no other signs of impairment. Driver arrested after exit order and field sobriety tests. He refuses breath test. Defense prepared to argue Police lacked sufficient evidence to issue exit order for field sobriety tests. Defense negotiates dismissal of DWI charge prior to trial.
NH Administrative License Suspension (ALS) Vacated
MA Driver facing six (6) month loss of driving privileges in New Hampshire for post arrest breath test result .17. MA RMV also reciprocates with “immediate and indefinite” suspension of MA Driver’s License based on NH ALS suspension. Defense utilizes body camera footage from arresting officer and breath test operator to prove 20 minute observation period was clearly violated. NH DMV vacates ALS suspension. MA license restored.
Not Guilty Verdict MA OUI
Police respond to scene of single car crash but driver not with vehicle. Civilian witness reports driver left scene on foot. Damaged truck matches earlier reports of impaired driver at convenience store and fast food drive through. Client is found at home short time later approximately 1 mile from crash scene. Refuses field sobriety tests, but makes several damaging statements to police. Post arrest breath test .12 is excluded as evidence by defense, as are several statements for Miranda violations. Not guilty verdict following trial. Enhanced penalties under lifetime look back provision of Melanie’s Law avoided.
NH DWI Charge Dismissed
Police stop client for numerous moving violations. Driver states he was driving poorly because he was sad and dejected. Police not odor of alcohol and glassy/bloodshot eyes. Driver admits to four beers over the course of four hours at a bowling alley. Portable breath test device indicates .163 BrAc following standardized field sobriety tests. Post arrest breath test at station is only .08 BrAc. Defense negotiates dismissal of DWI charge prior to trial.
NH DWI Charge Dismissed
Police respond to parking area of large concert venue for report of disturbance. Driver involved in minor fender bender in crowded lot but refused to exit his truck as he was being threatened by other driver. Police arrest driver following his admission to drinking, filed sobriety testing and post arrest breath test of .09. Defense prepared to argue parking area is private, not open to public and accessible only with exclusive parking pass, and therefore does not constitute a “way” for DWI statute. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stop MA driver after watching him leave parking lot of Chinese restaurant in early morning hours. Officer believes driver is texting while driving due to apparent glow of phone on driver’s face and position of his head looking down. Driver admits to one drink and states he was glancing down at GPS function of phone. Officer notes odor of alcohol and red/glassy eyes. Arrest follows standard field sobriety tests. Defense prepared to argue Motion to Suppress challenging legality of stop based on mere hunch of texting while driving violation. DWI charge dismissed prior to trial.