Author: mike

Officer’s attention is drawn to vehicle because it remained stopped at Stop sign for thirty (30) seconds. As he follows the car officer notices minor lane encroachments on fog line. Once stopped driver admits to four (4) drinks over eight (8) hours as he is the designated driver. Officer detects thick speech and glassy eyes. Driver agrees to field sobriety test, but stops all testing after HGN. Refuses post arrest breath test. DUI Charge Dismissed before trial.

Police stop driver after receiving citizen cell phone 911 report of erratic operation at approximately 11:00 a m. Police see an open 16 oz. PBR in the center console. Driver admits to drinking the beer while driving home. Police request he exit to participate in HGN, WAT and OLS tests. Driver struggles with physical tests, but also notifies officer that he suffers from internal injury and intestinal issues that effect his balance. Post arrest blood test one (1) hour after driving is .074 BAC as well as positive for cannabis and benzodiazepines. DUI charge dismissed prior to trial.

Police conduct motor vehicle stop for speeding 48 MPH in 35 MPH zone. Officer notes odor of alcohol from car, the driver’s red eyes and flushed/red face. Passenger appears intoxicated. Driver admits he had three Coors Lite at an earlier concert. Driver exits and participates in standard field sobriety tests but refuses post arrest breath test. Defense prepared to challenge validity of field sobriety tests given clients advanced age. DUI Charge Dismissed prior to trial.

Police stop driver after witnessing him skid through stop sign and then slide into opposite lane of travel. Officer notes that there are too many people in the car without sufficient seatbelts resulting in charge of Reckless Conduct. Driver claims he is driving home all of the passengers after picking them up at local bar and they distracted him by yelling and screaming. He denies drinking. Officer does not record any observations or indicators of impairment in her report. Client participates in field sobriety tests which are passing or only marginal. Client refuses to take post arrest breath test. DUI and Reckless Conduct charge dismissed prior to trial. Defense negotiates dismissal of ALS/DMV refusal suspension as well.

Police stop vehicle for failing to operate with headlights at night. Driver claims the car is her friend’s rental and she wasn’t aware of headlights being out. She further admits she had a few drinks and is heading home to meet the same friend. Officer notes odor of alcohol and red/glassy eyes. Post arrest breath test .18. Defense uses booking video to show that officer conducting breath test spent the entirety of the 20 minute observation period watching videos on his cell phone and not observing the client. Aggravated DUI and DUI charges dismissed prior to trial.

Police make traffic stop for vehicle traveling 58 MPH in 35 MPH zone. Officer notes driver’s slurred speech, glassy eyes and an odor of alcohol coming from vehicle. Driver denies drinking and refuses to participate in field sobriety tests or a post arrest breath test. DUI charge dismissed prior to trial.

Police follow car when they notice a defective headlight and plate light. Driver slows to nearly a complete stop in busy traffic. She tells officer after stop that she was simply trying to drive safely. Officer notes glassy/red eyes, slurred speech, and lethargic reactions. There is an open container in car, but driver denies drinking and says a friend left can in her car. She does admit to smoking marijuana before and after a concert. Standard field sobriety tests are not designed to elicit evidence of drug impairment and the results are contradictory. DUI Drugs charge dismissed prior to trial.

Driver is stopped by police for slowing abruptly before making a late turn onto thoroughfare. Officer also alleges license plate light is not functioning. After stop driver admits to drinking wine. He performs reasonably well on field sobriety tests but is still arrested. Driver can’t make decision on whether to take test without legal advice and officer deems his a refusal. Defense files Motion to Suppress stop, using cruiser video to show driving behavior and an apparently functioning plate light. DUI charge dismissed prior to trial.

Police respond to report of two drunk patrons outside a tavern. Officers find woman slumped over in flower bed outside tavern heavily intoxicated. She tells officers her husband “just left.” Officers then see male matching his description driving towards them the wrong way on a one -way street. The driver admits to drinking four (4) “Dark and Stormy” and feeling the effects of the alcohol. He fails field sobriety tests and submits to post arrest breath test of .17 BAC. OUI charge dismissed without Court proceedings as state’s necessary witness has left local police force after Administrative Bureau of Motor Vehicles hearing, but before arraignment.

Police respond to single car crash with vehicle over sidewalk into fence and front yard. Defense is prepared to challenge evidence of impairment due to crash and possible injury. Prosecution cannot go forward when necessary witness to establish operation of vehicle fails to appear on long scheduled specially assigned trial date. OUI charge dismissed for lack of prosecution.