Category: DUI Case Results

Driver found unconscious behind wheel of car outside of his home. Vehicle has significant front end damage consistent with collision with rocks and trees in yard. Police smash window to awaken and extricate driver from car, noting his lethargic speech, strong odor of alcohol and unsteadiness. Driver is arrested after refusing medical attention and to participate in field sobriety tests. Client later transported from booking to hospital for declining neurological condition. Defense utilizes ER medical records to establish possible head injury and diabetes are cause of his condition. Not guilty verdict following trial on OUI and Negligent Operation charges.

Driver is arrested following two car accident where his Tesla crashes him into parked car when it detects something in road. Police note driver’s slurred speech and unsteadiness, but same indicators are not noted by civilian witness that owned damaged vehicle and interacted with client before police arrival at scene. Defense utilizes booking video to depict client’s apparent sobriety and behavior. Not guilty verdict following trial.

Police respond to report of car crashing into rock wall and then fleeing scene with heavy damage. Client is found driving car on two (2) flat tires and front end damage a short distance from scene. Police note an odor of alcohol, slurred speech and unsteadiness upon exit from vehicle. Driver refuses to participate in field sobriety tests or post arrest breath test. Inventory search of car discloses several open and full containers of alcoholic beverages. At trial prosecution cannot produce civilian witnesses or officer that conducted inventory search. Defense utilizes booking video to depict client’s actions and movements consistent with sobriety. Leaving Scene of Property Damage charge dismissed. Not guilty verdict on OUI charge. Lifetime lookback effects of Melanie’s law avoided. Chemical test refusal suspension vacated.

Police respond to 911 call where tenant is meeting her landlord at local bank to collect money for work done on rental property. Caller thinks landlord/driver is impaired. Police respond to find client in driver’s seat and car is not running. There is no issue with tenant and she leaves scene after speaking with police. Driver denies drinking but agrees to take field sobriety test. Officers note slurred/slow speech, glassy eyes and an odor of alcohol. Wrapper from vodka bottle found in front console. Driver submits to post arrest breath test of .13 BrAC. At trial civilian witness does not appear. Defense contends prosecution cannot establish time of driving or when the driver parked and/or drank. Not guilty verdict on OUI charge following trial.

Police respond to scene of single car crash into road sign at bottom of highway on ramp. Driver denies drinking and he refuses medical attention from responding Fire/EMS. Police note odor of alcohol and confused demeanor answering questions. Driver refuses field sobriety tests and breath test. Transported to hospital following complaint of head injury during booking. Defense utilizes both body worn camera footage, medical records and testimony of Fire/EMS witnesses to contradict police version of events. Not guilty verdict following trial. Lifetime lookback impact of Melanie’s law avoided.

Client arrested for OUI following report to police that he is harassing ex-girlfriend at local park. Post arrest breath test is excluded as evidence due to non-compliant testing sequence. Defense challenges location of field sobriety tests as not suitable for walk and turn and one legged stand. Booking video depicts client being compliant, cooperative and steady in his movements. Not guilty verdict on OUI charge following trial.

Lifetime lookback impact of Melanie’s Law for MA resident avoided

Police stop driver for speeding. Situation immediately escalates due to driver’s erratic behavior and refusal to engage with police. Driver ultimately handcuffed by several officers and charged with OUI as he admitted to having a “couple” of drinks and he displays and odor of alcohol and glassy eyes. Driver’s erratic, aggressive and confused behavior continues at booking and he is transported to hospital for evaluation. Defense contends entire episode is consistent with client’s well documented anxiety and PTSD, rather than intoxication. Not guilty verdict following trial. Lifetime lookback effect of Melanie’s law avoided. Chemical test refusal suspension vacated.

Police stop driver for center line violation on Main road in early morning hours. Driver appears to be upset and crying. Driver admits to drinking and that he should not have “gone out with those girls.” Police note an odor of alcohol. Driver arrested following standard field sobriety tests. Defense challenges field sobriety tests given driver’s emotional/upset state of mind. Booking video shows client as calm and composed following arrest. Not guilty verdict following trial.

Defense utilizes expert medical witness to challenge prosecution’s theory of causation of death in with elderly victim with complex and serious prior medical history. Not guilty verdict MV Homicide following trial.