Author: mike

Police stop driver for speeding 46 MPH in posted 30 MPH zone. Officer notes odor of alcohol and slightly slurred speech. Driver denies drinking and refuses to participate in walk and turn and one legged stand tests due to his recent leg injury. Police officer finds 6 clues on Horizontal Gaze Nystagmus test. Defense prepared to offer medical expert to confirm recent knee injury and 37 other known causes of HGN . Booking video utilized to establish driver’s behavior, speech and demeanor at booking. Court enters required finding of not guilty at close of State’s case. Lifetime lookback reciprocity impact from MA RMV for MA resident with prior OUI history avoided.

Police stop driver for illegal u-turn and lane control issues. Officer notes red/glassy eyes and odor of alcohol. Driver admits to have 4-5 drinks over course of entire day and evening at wedding. Officer alleges driver fell to ground leaning against car and failed multiple field sobriety tests. Defense utilizes body worn camera footage to contradict officer’s version of events and his admission to superior officer that he was “on the fence” about arrest decision. Not Guilty Verdict following trial. ALS/DMV suspension also vacated for lack of reasonable suspicion of impaired driving

Police respond to report of single car accident where vehicle hit granite curb of median. Driver admits to being distracted by her friends while driving to hotel from wedding. Police note an odor of alcohol and slurred speech. Driver completes field sobriety testing with some difficulty but performs portions of testing perfectly. DUI charge dismissed before trial.

Commercial driver is approached by police at mandatory weigh station stop. Officer notes driver’s apparent nervousness and fidgety demeanor. Police ask if there is anything illegal in vehicle. Driver hands over small amount of marijuana and then is placed under arrest following roadside investigation and field sobriety tests. DUI charge dismissed outright as part of negotiated disposition before trial.

Police stop driver for speeding and failure to yield to pedestrians in crosswalk. Police report alleges that driver admits to drinking has slurred speech. Careful review of both cruiser camera and BWC audio recording (body worn camera video failed to record) discloses major discrepancies between narrative report and real time recordings, including statements about medication taken, wearing glasses and field sobriety tests. ALS/DMV suspension vacated and DUI charge dismissed prior to trial.

Deputy stops driver for speed infraction and notes an odor of alcohol and glassy eyes. Driver admits that he had two drinks at local Mexican restaurant with dinner and is returning to his family camp just up the road. Driver remains cooperative and polite upon exit but refuses to participate in field sobriety testing. Arrest follows and driver refuses post arrest breath test. OUI charge dismissed prior to Court proceedings after BMV administrative hearing on refusal suspension.

Police stop driver for failing to come to complete stop making right turn at red traffic light. Police note an odor of alcohol and open containers in vehicle. Driver admits to having two drinks at her girlfriend’s house. Driver does reasonably well on field sobriety tests, but post arrest blood test result .082. Defense prepared to argue that BWC video depicts a sober driver that may have been over the legal limit only at the time of testing, not driving. DUI charges dismissed prior to trial.

Driver is stopped by Roadblock chase cruisers when he fails to stop for greeting officer. Police note driver’s garbled speech, odor of alcohol and glassy eyes. Upon exit driver submits to field sobriety tests and is arrested. Defense excludes post arrest .12 breath test evidence and utilize body worn camera footage to show how confusing field sobriety instructions were with multiple officers talking and giving verbal instructions. Defense also enters evidence of client’s speech impediment. Not guilty verdict on OUI and Negligent Operation charges following trial.

Police stop driver for speeding in early morning hours. Driver admits to having one beer and a glass of wine before leaving a friend’s house in MA. Police note odor of alcohol and that driver seems upset and nervous. DUI arrest follows field sobriety tests. Driver refuses blood test. Officer fails to appear at ALS/DMV suspension hearing due to oversight. Defense challenges Prosecutor’s attempt to re-open ALS/DMV hearing. Negotiated dismissal of DUI charge prior to trial to include withdrawal to re-open ALS/DMV hearing.

Police stop driver for executing dangerous entry into road that nearly caused collision with police cruiser. Police note driver’s slurred speech, odor of alcohol and admission to drinking six (6) beers earlier before driving up to area from Massachusetts. Driver participates in field sobriety tests, but informs police of multiple conditions and disabilities that will impact performance. Six (6) month ALS/DMV suspension vacated upon police failure to appear. DUI charge dismissed prior to trial.