Author: mike

Police respond to scene of single car crash. Police speak briefly with driver who is trapped in car before she is transported to MA hospital. NH Police seek search warrant that is executed by cooperating MA Police at hospital. Blood seized and tested at .17 BAC leading to DUI and Aggravated DUI charges. Defense challenges legality of search warrant for hospital blood in Massachusetts and sufficiency of probable cause to issue warrant in first instance. DUI and Aggravated DUI charges dismissed before trial and hearing on merits of defense motions to suppress.

Police watch driver pull into parking lot of closed service station and park. Business being closed and late hour causes police to investigate. Driver tells police he wasn’t driving, simply waiting for a friend to pick him up. Police notice slurred speech through accent, odor of alcohol and glassy eyes. Driver continues to deny that he was driving and will not participate in field sobriety tests leading to DUI arrest. DUI charge dismissed prior to trial.

Police stop driver after seeing him racing out of drinking establishment parking lot. Driver refuses to lower radio until instructed to do so by officers. Officer notes strong odor of alcohol and drivers slurred speech. Driver exits car upon request but continuously refuses to participate in field sobriety testing or admit that he was drinking. DUI charge dismissed prior to trial.

Police stop driver in busy convenience store parking lot following a traffic signal violation. Driver is adamant that she drank on two seltzers hours before the stop at a college football game. Throughout field sobriety tests driver repeats that she is nervous and uncomfortable doing tests in front of several customers of store moving about the area. Defense successfully argues police lacked reasonable grounds to believe driver was impaired at ALS/DMV hearing. Administrative suspension vacated for that reason and DUI charge dismissed prior to trial.

Police stop driver for speeding violation. As officer engages driver in standard questions about destination, whereabouts and whether he’s been drinking, female passenger constantly interrupts and talks over driver. Once separated from vehicle, driver participated in field sobriety testing. Defense utilizes BWC video to challenge driver’s alleged poor performance on field sobriety tests. DUI charge dismissed prior to trial.

MA Driver stopped by NH police for speeding traveling home from day of skiing. Driver admits that he drank “a few” beers during the day. Officer notes odor of alcohol and glassy/bloodshot eyes. Post arrest breath test of .10 excluded by defense for violation of 20 minute observation period. Officer never had driver remove COVID mask while he was waiting to take breath test. Defense also prepared to offer medical records documenting medical condition (MS) that would have effected field sobriety tests. DUI charge dismissed at trial date.

Police respond to report of erratic operator and find driver outside of his vehicle in church parking lot. Driver tells police he had a beer and a glass of wine earlier at dinner but he is now going from church to church in his collaborative to pray. Police find and unopened case of beer in truck front seat and detect an odor of alcohol emanating from driver who they claim is unsteady on his feet. Driver refuses to participate in field sobriety tests due to several physical limitations. Defense utilizes booking video to depict driver’s sober behavior and comportment after arrest. Not guilty verdict following trial. Enhanced Lifetime Lookback consequences of Melanie’s Law avoided.

Driver stopped for driving without headlights, wide turn and marked lanes violation. Officer is adamant that he smells alcohol despite driver’s repeated denials that she drank anything. Driver refuses to participate in field sobriety testing and ultimately refuses post arrest blood test. Defense presents evidence of driver’s diagnosed anxiety and legitimate COVID fears for reason she would not participate in field tests and hospital blood test. DUI charge dismissed at trial date.

Police observe driver speeding 60 MPH in posted 40 MPH zone. Officer turns to follow driver through two intersections and over a single lane bridge, finally stopping the driver 1 ½ miles from original observation location. Officer alleges driver displays lethargic speech and movements, glassy eyes and an odor of alcohol. He admits to consuming “two beers.” Defense focuses on lack of erratic operation over 1 ½ miles as well as difficulty normal citizens will have with field sobriety tests. Post arrest booking video counters police observations of driver’s behavior and demeanor. Not guilty verdict following trial.

NH Police are monitoring citizen cell phone report of an erratic driver who “is on drugs,or falling asleep at wheel.” Police stop driver as he enters rest area off highway. Officer notes several indicators of impairment to include droopy eyes, lethargic movements, fragmented speech and sentences and an odor of alcohol. The driver denies he drank that day, only the night before and insists he’s only tired and needs to sleep. Driver repeatedly refuses to participate in field sobriety tests, forcing the officer to make an arrest decision for DUI with limited evidence. Driver refuses post arrest breath/blood testing. DUI charge dismissed prior to trial.