Category: DUI Case Results

Driver stopped on highway after reported erratic operation from Maine into NH. Witness critical to state’s prosecution fails to appear at trial. Defense is prepared to try case to verdict. Negotiated dismissal of criminal DUI charge prior to trial.

Negotiated dismissal of DUI charge on day of trial. Lifetime lookback consequences for MA driver with prior OUI history avoided.

Driver stopped for speeding violation. Admits to having drinks at friend’s house. Arrest follows standard field sobriety tests. Post-arrest blood test reported as .13 BAC. Defense uses body worn camera (BWC) footage to challenge validity of field sobriety tests. Defense cross exam of state lab witness challenges accuracy and reliability of blood testing process at state Lab. Not Guilty verdict following trial.

Police respond to head on collision on busy main street in early afternoon. Only minor injuries in other vehicle, but three (3) young children are shaken and crying. Driver admits to having two (2) drinks with her friend at lunch but she fell asleep due to ongoing insomnia. Field sobriety tests are completed amongst several police vehicles, EMS and Fire vehicles. Defense stresses chaos of scene is difficult context for field testing and driver disclosed current knee inury. Booking video is helpful to defense and medical records offered to support both insomnia and knee conditions. No

Young driver stopped by police at 4:00 a.m. for speeding. He and his girlfriend passenger both admit they were drinking before going to bed, but were up early to return home for work. Officer notes strong odor of alcohol, glassy/mirror like eyes and slurred speech. Officer notes 6/6 on HNG and swaying while standing still, but only 1 out of 8 clues on walk and turn. 3 out of 4 clues on one leg stand. DUI charge dismissed prior to trial.

Police are responding to citizen cell phone 911 call reporting an erratic operator on highway. Driver is spotted walking back to his car parked off break down lane from tree line zipping up his fly. Officer backs up and finds client in driver’s seat. Officer notes odor of alcohol and glassy eyes. Driver participates in field sobriety testing, but video evidence clearly shows there is a language barrier. Post arrest breath test of .11 is challenged due to multiple officers allegedly conducting required 20 minute observation period. DUI charge dismissed prior to trial.

Client is stopped for speeding on highway in excess over 30 MPH of posted limit. Officer notes an odor of alcohol coming from the vehicle but no other indicators of impairment. Driver complies with exit order and participates in field sobriety testing. Defense is prepared to utilize Body Worn Camera and Cruiser camera footage to show client’s strong performance on field sobriety tests and officer’s failure to comply strictly with testing procedures. Defense also files Motion to Suppress Exit Order challenging continued investigation with only an odor of alcohol present. Aggravated DUI and DUI charges dismissed prior to trial.

Police stop driver for maneuvering around toll booth traffic onto shoulder of road. Driver admits he lacks EZ pass and toll lane he entered was closed. Officer notes watery eyes, odor of alcohol and driver’s admission that he had a beer at a friend’s house. Driver participates in field sobriety tests and is arrested and charged with DUI when he fails to perform satisfactorily on HGN, balance and walking exercises. Defense prepared to challenge results based on his advanced age and physical limitations. Post arrest blood test drawn nearly two (2) hours after arrest is .038. DUI charge dismissed at trial management conference.

Police stop driver on highway for speeding which exceeds for than 30 MPH over the posted limit. Officer notes driver’s glassy eyes, slurred speech and odor of both marijuana and alcohol. Driver admits to smoking earlier in the day, and only drinking hours before she left Boston for NH. Defense prepared to challenge field sobriety evidence based on client’s relatively good performance in high heel boots in freezing temperatures. One of State’s necessary witnesses fails to appear for trial. Aggravated DUI and DUI charges dismissed.

Police find client parked on side of road in early morning hours. He exits from passenger side of vehicle which is not running. Client admits he is waiting for a ride to pick him up because he had too much to drink. The officer notes obvious signs of impairment and arrests client following field sobriety tests. Post arrest breath test .12. Defense prepared to challenge sufficiency of evidence of operation. DUI charge dismissed prior to trial.