Author: mike

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.

Driver stopped for speeding and marked lanes violation. Police note odor of alcohol, glassy eyes and slurred speech. Driver admits to drinking hours earlier with his cousin after work, but refuses to exit truck or participate in field sobriety testing. Police are forced to make arrest decision based on driving behavior and initial observation. Client refuses post arrest breath test. DUI charge dismissed prior to trial.

Police stop driver for multiple encroachments over fog line and center line. Officer notes odor of alcohol, glassy eyes and slurred speech. Driver admits she was distracted while driving due to eating fast food behind the wheel. The open bag of food sits on the passenger seat. Defense utilizes cruiser and body worn camera footage to portray driver’s appearance and performance on field sobriety tests. Not guilty verdict following jury trial.

Police approach driver stopped in roadway outside busy tavern/restaurant for “well being check.” Driver states he has just dropped off friends to pick up their car. Officer notes odor of alcohol, slurred speech red/glassy eyes. Driver admits to having beers at tavern across the street watching a band. Officer makes arrest for OUI following standard field sobriety tests. Defense utilizes booking video without audio to show driver’s movements, behavior and dexterity removing jacket, belt, shoes and making phone calls. Not Guilty Verdict following trial.

Police Officer begins to follow driver who is driving 36 MPH in 25 MPH zone. Officer follows driver for approximately 1 mile through several turns in down town area, finally activating lights when driver rolls slowly through right on red without actually stopping. Standard clues of glassy eyes, slurred speech and odor of alcohol are present and driver admits to having a “few drinks.” Driver refuses to take post arrest breath test citing concerns for his Commercial Driver’s License (CDL). Defense focuses cross examination on relatively safe driving behavior and indicators of sobriety which were present, but not recorded in officer’s arrest report. Not Guilty Verdict following trial.

Police respond to report of single car crash where vehicle hit roadside rock and then left scene before police arrive. Officer follows tire marks and finds vehicle and driver stopped approximately 1.5 miles from scene. Driver admits to being in crash when he swerved to miss deer in road and that he had one (1) drink earlier at a friend’s house. Police note a slight odor of alcohol and slightly slurred speech. 64 year old driver struggles with walk and turn and one leg balance test. Before leaving scene in custody, driver requests police retrieve and bring his computer bag to station where he later discloses loaded firearm is in bag and he is legally licensed to carry. Defense utilizes booking video to depict driver’s appearance, speech, demeanor as well as his medical records for history of knee and back issues. Not Guilty Verdict on both charges following trial.

Police stop driver for speeding and crossing over the double yellow solid line. Driver admits to drinking and officer notes slurred speech, red/glassy eyes and odor of alcohol. Driver is arrested following standard filed sobriety tests. Post arrest breath test result .12. Defense files Motion to Exclude Breath Test Evidence at trial due to officer’s failure to observe driver during twenty (20) minute observation period when he puts his hands to mouth as depicted on booking video. DUI charges dismissed before trial.