Driver stopped for lanes violation by officer working special detail for “Driver Sober, Get Pulled Over” program. Driver admits to having two drinks and politely participates in field sobriety tests which are less than perfect given her age and overall nervousness. Post arrest breath test .09. Defense excludes breath test evidence prior to trial and utilizes booking video to show client’s apparent sobriety, demeanor, distress and overall nervousness throughout entire process. Not Guilty verdict following trial.

MA resident facing OUI 2^nd charge following single car accident. Defense obtains record of prior conviction where driver appeared “Pro se” without a lawyer at his arraignment and entered admission to OUI 1^st Offense. Client unaware that breath test evidence .17 was inadmissible at the time and he was otherwise completely unaware of the defenses he had available to challenge this OUI 1^st charge. Defense Motion to Vacate Plea allowed, OUI 1^st charge ultimately dismissed outright, converting pending OUI 2^nd charge to a true OUI 1^st.

Police follow driver for approximately 2 miles noting several encroachments on double yellow line and outside fog line. Driver admits to having several drinks at local tavern, but refuses field sobriety tests. Post arrest breath test .16 BrAc is excluded by defense. Refusal of Field Sobriety Tests not admissible in MA. Not guilty verdict following trial.

Police stop driver for drifting in lanes on highway. She admits to having glass of wine at family party, but she left after argument with her mother. Police allege she fails field sobriety tests and she refused post arrest breath test. Barracks equipped with video recording of booking process, but police fail to preserve and save recording for trial. Defense requests instruction from Court that Jury can draw adverse inference against government for failure tor preserve tape. OUI charge dismissed by prosecution after jury selection.

Police stop vehicle for marked lanes violations. Driver is underage with several passengers between 18-21. Officer notes strong odor of recently burnt marijuana. Driver admits he and passengers were “hot boxing” joint just before stop. Smoking joint with windows up. Young driver does remarkably well on field sobriety tests and post arrest Drug Recognition Evaluation (DRE) screen, as depicted on booking video. Defense prepared to challenge whether opinion of marijuana impairment and DRE evaluation are admissible. OUI Drugs charge dismissed prior to trial.

Driver stopped by police in early morning hours for speeding violation. Officer notes odor of alcohol emanating from driver and his glassy/bloodshot eyes. Officer inquires about destination and whereabouts. Driver admits to having a few beers earlier at his friend’s house, hours earlier and states he his headed home. Driver refuses to submit to field sobriety tests and post arrest breath test. Refusal evidence is not admissible at trial in Massachusetts. Not guilty finding verdict following trial.

Police respond to vehicle stopped in travel lane of road. Driver appears to be passed out and possibly suffering overdose on narcotics. Police try to speak to driver, but he is incoherent and non-responsive, falling in and out of consciousness. Driver is ultimately transported to hospital for medical evaluation and police decide to issue summons for OUI Drugs Charge. Defense prevails on Clerk/Magistrate to deny application for criminal OUI Drugs charge due to lack of admissible evidence of impairment.

Police respond to scene of single car crash but driver not with vehicle. Civilian witness reports driver left scene on foot. Damaged truck matches earlier reports of impaired driver at convenience store and fast food drive through. Client is found at home short time later approximately 1 mile from crash scene. Refuses field sobriety tests, but makes several damaging statements to police. Post arrest breath test .12 is excluded as evidence by defense, as are several statements for Miranda violations. Not guilty verdict following trial. Enhanced penalties under lifetime look back provision of Melanie’s Law avoided.

Police stop driver for speeding violation in early evening. Driver denies drinking that day, but later admits that he had a vodka drink when he woke up. Driver explains he works nights into morning hours as a DJ and is currently on his way to gig. Arrest follows field sobriety testing. Inventory search of car discloses a few Gatorade bottles partially full of alcohol/Gatorade mixture and vodka bottle. Client admits he drinks after his shifts end. Defense excludes breath test evidence .17 and utilizes both cruiser and booking video to argue defendant’s apparent sobriety. Not Guilty verdict following trial. Enhanced penalties under lifetime lookback provisions of Melanie’s Law avoided.

Police respond to scene of single car crash. Only person on scene is found outside of damaged vehicle placing beer cans into a backpack. Police immediately recognize young man is injured and he is ultimately transferred to the hospital by ambulance for the treatment of injuries, including a fractured leg. Police due note an odor of alcohol, red/glassy eyes and slurred speech. Client refuses requested blood test at hospital. Government does not seek Judicial Order/Warrant for medical records. Trial concludes with Not Guilty verdict.

Police respond to scene of single car crash finding pickup truck in roadway after it struck rock wall. Police note strong odor of alcohol and driver’s difficulty with balance. Client refuses field sobriety tests and the post arrest breath test. Refusal evidence inadmissible in MA. Although driver admitted to being driver of truck and no other persons on scene, evidence at trial does not include admission and further lacks evidence tying client to vehicle and its’ operation. No percipient witness to crash. Prosecution fails to establish “operation” beyond a reasonable doubt. Not Guilty verdict following trial.

Police respond to single car crash that was initially reported to and investigated by neighboring NH police. Crash occurs on the border. MA police arrive to find single young man on scene, yelling, bleeding heavily from head wound and otherwise refusing medical treatment or to cooperate with police. Driver is arrested and forced to hospital via ambulance where his blood is seized for medical purposes, against his will. Warrant issued for .16 blood evidence. Defense prevails at trial because prosecution lacks admissible evidence to establish client was actually driving car. The uncorroborated admission to driving alone is legally insufficient. Not Guilty verdict following trial.

Police stop driver in early morning hours for speeding violation. Police are off put by driver’s refusal to speak with them and refusal to participate in field sobriety testing. Driver admits to one drink, and only agrees to field sobriety testing after his wife pleads with him to cooperate. Police note odor of alcohol, slurred speech and glassy eyes and the driver’s escalating belligerent behavior and language. Defense challenges validity of field sobriety tests and police version of events. Not Guilty verdict following trial.

Police respond to citizen cell phone 911 report of erratic operator displaying lane control issues. Police find vehicle and observe it driving over skip line straddling two lanes. Police make motor vehicle stop and note driver’s eyes are glassy/bloodshot and she has odor of alcohol coming from breath. Driver admits to consuming two vodka drinks at dinner. Driver attempts field sobriety tests despite telling police about multiple leg injuries. Post arrest breath test .15 is excluded as evidence by the defense prior to trial. Defense introduces certified medical records to document leg injuries. Booking video utilized to defense advantage as well. Not Guilty Verdict following trial. Lifetime Lookback effects of Melanie’s Law avoided.

Police officer monitoring traffic takes note of late model vehicle allegedly speeding on Main thoroughfare, but he is unable to initiate motor vehicle stop due to his current roadway position with another stop. Approximately one (1) hour later the same officer is called to assist with a domestic issue and the report of the wife being highly intoxicated. The responding officer recognizes the car in the driveway and the wife as being the same driver he saw earlier. There is evidence that she consumed wine at home and is highly intoxicated. Defense prevails on Clerk/Magistrate to deny application for OUI criminal complaint, due to lack of probable cause that driver was impaired earlier when officer observed her driving.

Police respond to report of possibly intoxicated driver made by tow truck driver that assists in giving driver a jump start of his car. Although police immediately identify the reported car moving away from scene, they follow, without stopping, for approximately 2.5 miles, noting only minor speed deviations and drifting “within” his lane. Driver admits to two drinks at show with his wife. Police allege driver has odor of alcohol and slurred speech and performs less than perfectly on ABC test. He does not take one leg stand test or walk and turn test due to artificial hip and knee problems. Horizontal Gaze Nystagmus test and refusal of portable breath test not admissible in Massachusetts OUI prosecution. Not Guilty verdict following trial.

Police come upon disabled vehicle in break down lane of highway. Driver indicates he is OK and is simply waiting for AAA. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver’s account of hit and run accident does not match what officers see for damage. Driver arrested following field sobriety testing. Post arrest .15 breath test excluded by defense. Cross examination of arresting officer focuses on nature of field sobriety tests and driver’s actual passing performance on parts of these roadside examinations. Not Guilty verdict following trial. Lifetime Lookback enhanced penalties under Melanie’s Law avoided.

Police on early morning stationary patrol notice passing vehicle slow, turn and park behind cruiser. Driver exits and approaches officer asking for directions. Officer notes odor of alcohol and slurred speech and asks driver to return to his car. When back up arrives police put driver through field sobriety tests and make arrest. Breath test at station .28 is excluded by the defense. Booking video footage does not support police allegation that driver is unsteady. Empty nips in driver’s car cannot be used as evidence because officer that made inventory search of car post arrest is not called as witness. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.

Police respond to numerous reports of erratic operator making unsafe lane changes on highway. Driver stopped on offramp and appears extremely unsteady on his feet, with odor of alcohol and slurred speech. Post arrest breath test .11 is excluded by the defense. Search of vehicle discloses open wine containers, but officer who conducted inventory search is not called as witness at trial. Defense focuses on difficulty of field sobriety tests in breakdown lane of highway at rush hour and lack of video/audio recording of booking process. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.

Police stop to investigate motorcycle stopped on side of road. Driver is laying on grass near bike waiting for AAA and informs police the bike broke down. Civilian witness testifies that he attempted to help the driver and actually called AAA for him, providing the exact location. Police find driver to be confused about his actual whereabouts and he emits a strong odor of alcohol. Field sobriety tests result in client’s arrest. Post arrest breath test of .21 is excluded by the defense. Medical records offered by defense to substantiate client’s claim of bad knees. Not Guilty Verdict after trial. Lifetime lookback enhanced penalties under Melanie’s Law avoided.

Driver is involved in rear end collision on busy thoroughfare at 6:00 p.m. in evening. Admits to police he had “a couple” after work. Driver refuses field sobriety testing and is arrested. Police cite accident, odor of alcohol, “clumsy” walking and admission to drinking as grounds for arrest. Post arrest breath test of .08 is excluded by defense. Refusal evidence not admissible in MA. Not Guilty Verdict following trial.

Police stop driver after he reportedly side swiped another car on the highway and proceeded to drive several miles without stopping. Other vehicle follows client until police make stop. Driver participates in field sobriety tests and claims he didn’t realize his car “clipped mirrors” with the other car. Post arrest breath test. 12 is excluded by the defense. Booking video utilized to display the client’s demeanor, speech, balance, cognition and behavior. Not Guilty Verdict following trial.

Police stop driver for speeding in early morning hours. Officer notes odor of alcohol and driver’s glassy bloodshot eyes. Driver participates in field sobriety tests and police allege she fails horizontal gaze nystagmus (HGN) and walk and turn test, but passes one leg stand test. Portable Breath test (PBT) is .11. HGN and PBT are not admissible in MA. Defense excludes post arrest breath test of .09. OUI charge dismissed on day of trial for lack of prosecution.

Driver stopped on highway for several lane changes without signaling and drooping his speed well below the posted limit causing other cars to slow. Officer notes the driver is excitedly claiming he’s never had a ticket and that he’s chewing gum, presumably to cover the odor of alcohol. Driver admits to having a few beers. Client does well on portions of field sobriety tests, but blow .099 on Portable Breath Test (PBT). He is arrestee and submits to post arrest breath test of .10. Defense excludes post arrest test and PBT is not admissible in MA. Not Guilty verdict following trial.

Police respond to single car accident to find truck crashed through wrought iron fence. Client is found walking back towards the scene several minutes after the crash. He admits to drinking at his house where he is coming from and also earlier while golfing. Client admits to being the driver and is arrested for OUI charge. At trial Prosecution lack sufficient evidence to corroborate driver’s admission that he was the driver, as independent witness that called in crash was not identified. OUI Charge dismissed for lack of Prosecution at trial date.

Driver reports to elementary school for afternoon pickup of his children. He is told by school staff to return with another vehicle equipped with adequate seating for kids. School staff call police to await his return because they detected an odor of alcohol from driver/dad. Police arrest driver upon his return and find an open container containing alcohol in his personal vehicle and his glassy/bloodshot eyes. Driver refuses to take filed sobriety tests. Defense calls civilian witness/family member that responded to scene and finds driver upset, but not intoxicated. Booking video shows driver balanced, well behaved, cooperative and using his medicated eye drops to treat red, itchy eyes, as prescribed in his medical records. Refusal evidence not admissible in MA. Not Guilty verdict following trial.

Police respond to single car crash to find pickup truck disabled and damage along highway jersey barrier. Driver admits to drinking earlier and claims he was cut off by a “black” car that left scene. Defense challenges validity of field sobriety tests in cold, wet, interior breakdown lane of highway and offer pictures of damage to truck to substantiate black paint transfer by another vehicle. First trial results in hung jury and a declared mistrial. Not Guilty verdict following 2nd trial.

Police respond to multiple 911 calls of driver weaving across highway lanes and finally crashing into inside guardrail and snow bank. Police find driver outside of damaged car trying to re-enter vehicle and leave. Driver is reported to be confused, lethargic and argumentative, but there is no evidence of alcohol impairment. Police suspect, based on driver’s pinpoint pupils that he is impaired by some controlled substance. Defense files Motion in Limine to exclude any unfounded opinion evidence regarding impairment by any substance, other than alcohol. Government did not disclose an expert witness qualified to state such an opinion. Prosecution agrees to dismiss OUI Drugs Charge on trial date.

Police stop driver for speeding violation. Officer notes strange odor emanating from vehicle consistent with “Spice” and notes driver’s fingers are stained brown. Several Spice packets are strewn about interior of vehicle. Police engage driver in field sobriety testing and Drug Recognition (DRE) Exam. Defense challenges validity of DRE protocol without expert witness support. Not Guilty Verdict following trial.

Police stop driver on highway following citizen cell phone report of hazardous operation and then observing her commit several marked lanes violation at approximately 9:00 a.m. Driver appears lethargic, with slurred speech and slowed reactions. Police allege she fails Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests, but she is 0.00 on roadside portable breath test (PBT). Driver refuses to submit to blood test but admits she takes several prescribed medications for anxiety and depression. DWI charge dismissed prior to trial.

Police stop driver for marked lanes violation. Same officer arrested same driver for identical charge weeks earlier. Police note driver’s belligerent irrational behavior and foul language at roadside. Driver is arrested following field sobriety tests for DWI Drugs and Disorderly Conduct. Raucous, belligerent and profane language continues through post arrest Drug Recognition Evaluation at station. State is unable to prove what substance, if any, the defendant is impaired by, as DRE testifies that he suspects cannabis, “Spice”, Central Nervous System Stimulants and/or Central Nervous System Depressants possibly impaired the driver. Not Guilty finding following trial.

Driver pulls over when he sees blue lights behind him. Police actually targeting car in front of him. When police instruct him to leave he bumps into cruiser with his car. Police approach again, and now note odor of burnt marijuana. Driver admits to just smoking a joint after buying marijuana in city. Police tow driver’s car and make him wait for ride. No arrest made, but client later summonsed to Court to answer complaint charging OUI Drugs. Defense Motion to Dismiss charge granted by Court.

Police stop driver during early afternoon when concerned citizen calls police to say driver is acting erratically in parking lot across the street from pharmacy. Car is stopped in middle of road when police arrive. Driver submits to field sobriety testing but is 0.00 on breath test. Police suspect she is under the influence of combination of prescribed drugs. Prosecution cannot prove impairment of any particular substance at trial. Not Guilty Verdict. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident driver with prior Florida DWI.

Police respond to report of woman passed out/asleep behind wheel in rush hour traffic on Main Thoroughfare. First officer on scene notes driver is lethargic, confused and appears with glassy/bloodshot eyes and slurred speech. He does not note odor of alcohol. 2nd Officer makes same observations and determines driver failed field sobriety tests. Neither Officer notes odor of alcohol in testimony or relates driver’s symptoms to alcohol intoxication, only that she appears “impaired.” Defense Motion for Required Finding of Not Guilty at close of all Evidence Granted by Court.