Author: mike

Driver stopped for speeding 78 MPH in 55 MPH zone. Officer notes odor of alcohol and slurred speech as driver admits to drinking a few beers on a boat that day. Driver cannot complete HGN as directed and does reasonably well on Walk and Turn Test. Driver passes one leg stand test. After arrest he refused requested breath test. DUI Charge Dismissed prior to trial.

Police officer watches car fail to come to a complete stop at Stop sign and then fail to yield the right of way to his unmarked cruiser. After stop driver denies drinking, but officer notes odor of alcohol from the car and driver’s slurred speech and red eyes. Driver is 6/6 on HGN, 5/8 on Walk and Turn but passes One Leg Stand Test. Driver refuses post arrest breath test. DUI charge dismissed prior to trial.

Police respond to single car accident where fire department requested their assistance with possibly impaired driver. Client admits he left roadway when his brakes failed and that he was coming from hockey rink up the street. Officer thinks his speech is slightly slurred. Driver deny drinking and refused to participate in field sobriety tests. Only after arrest does officer detect an odor od alcohol emanating from the driver. DUI Charge Dismissed prior to trial. Non motor vehicle disposition negotiated to avoid Habitual Traffic Offender classification for MA driver with history of prior “major” driving offenses.

Police respond to a report of a vehicle having lane control issues. Car is spotted at gas station and young driver is seen returning to driver’s seat from behind building. Driver admits he was behind building “taking a piss,” and he had a “couple of drinks.” Officer notes and odor of alcohol and red/glassy eyes. Driver first agrees to take field sobriety tests, but then decides not to when his passenger yells out “stop answering questions!” Driver is arrested and refuses post arrest breath test. DUI Charge Dismissed prior to trial.

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.