Author: mike

MA driver stopped by NH police after officer claims to see car make a wide turn where car may have crossed fog ling and almost hit curve. Distance and vantage point don’t allow officer to see a fog line violation. Driver is stopped and officer notes driver’s enthusiastic demeanor which he finds strange in the early morning hours as well as glassy/bloodshot eyes. Arrest follows exit order and field sobriety tests. Defense files Motion to Suppress challenging legality of stop for alleged moving violation and basis for exit order where typical indicators of impairment were not present. DUI charge dismissed prior to trial.

Young MA Driver is stopped by NH Police after report from citizen cell phone call reporting car all over road. Officer notes strong odor of alcohol and marijuana as well as on odor of vomit. Driver admits to consuming two (2) drinks and that her friend had vomited on her while sitting in her car earlier and that she was following her friend home. Driver does marginally well of field sobriety tests but refuses requested blood test. DUI charge dismissed prior to trial.

MA Driver stopped by NH Police for speeding violation. Officer notes odor of alcohol, glassy/bloodshot eyes and slurred speech. Driver exits and participates in field sobriety testing. Post arrest breath test is .13. Defense is prepared to challenge field sobriety test reliability given driver’s age and physical limitations as well as admissibility of post arrest breath test. DUI charges dismissed prior to trial. Lifetime Lookback consequences of Melanie’s Law avoided for MA resident.

Police stop driver for entering construction area against “road closed” signage. Officer detects both an odor or marijuana and alcohol and notes driver’s slurred speech. Driver completes field sobriety testing but refuses breath test. Defense points out driver passed one leg stand test and utilizes booking video to show driver’s demeanor, balance and orderly appearance. Not guilty verdict following trial.

Police find client’s vehicle off the highway in the middle median stuck in the snow. Officer notes driver’s slurred speech and an odor of alcohol. Officer alleges driver struggles to climb from vehicle and walk through snow to roadway due to unsteadiness. Defense prepared to argue frigid conditions were not ideal for field sobriety testing and lack of evidence on issue of operation. DUI charge dismissed prior to trial.

Police respond to scene of reported single car accident. Driver is seen exiting car to inspect damage to front end. Police note odor of alcohol and driver’s admission to consuming “2 shots of Patron.” No additional signs of impairment are noted by officer, but driver does do poorly on standard field sobriety tests. Defense files and argues Motion to Suppress continued detention due to lack of reasonable suspicion. Motion is denied during trial, but defense challenges validity of field sobriety tests and uses booking video to show driver’s sober comportment and breath test refusal explanation. Not guilty verdict following trial.

Police stop driver for hitting inside fog line. Driver claims he was reaching for phone on seat. Driver admits to drinking one beer after work and participates in standard field sobriety tests. Only indicator is poor driving behavior and odor of alcohol. After tests driver admits to 2 beers. Post arrest breath test result .10 Defense files and is prepared to argue Motion to Suppress Exit Order and Motion to Suppress post field sobriety test statements. DUI charges are dismissed as part of negotiated disposition just prior to trial.

Police respond to report of domestic disturbance and find driver on side of road waiting for his wife who has walked off following verbal argument. Police note odor of alcohol and defendant admits to drinking earlier. Arrest follows standard field sobriety tests and .09 BAC is reported on breath test machine at station. Defense negotiates dismissal of OUI charge. Earlier BMV suspension also vacated for lack of prosecution by police.

Police stop young operator for driving unregistered ATV without headlights and speeding off to avoid arrest. After stop Officer claims driver is heavily slurring his words and reeks of alcohol. Unopened nip bottles found on driver after arrest. Refusal of field sobriety tests and breath test inadmissible. Defense utilizes booking video to demonstrate clear speech and sober behavior minutes after arrest. Not guilty verdict following trial.