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 2nd 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 1st 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 1st charge. Defense Motion to Vacate Plea allowed, OUI 1st charge ultimately dismissed outright, converting pending OUI 2nd charge to a true OUI 1st.
Police respond to scene of motorcycle crash. Driver is bleeding from leg and transported to hospital. Due to odor of alcohol at scene and witness statements police go to hospital and seize driver’s blood, despite her refusal. Defense challenges use of warrantless felony blood draw process because there is no probable cause that leg laceration constitutes “serious bodily” injury. .19 blood alcohol test result deemed inadmissible. DWI and Aggravated DWI charges dismissed prior to trial. MA resident avoids further lifetime lookback penalties under reciprocity and Melanie’s Law.
Driver stopped for speeding in early morning hours. Police note an odor of alcohol and glassy eyes. Driver admits to having a few beers while playing a gig at local tavern. Driver participates in field sobriety tests but he is not dressed for bone chilling cold, with no coat and open shirt. Defense prepared to use booking video to show driver’s apparent sobriety despite refusal of breath test. DWI charge dismissed prior to trial.
Police pull over driver at highway merge as she cut off two marked cruisers. Driver admits to drinking a “few” beers at President Trump rally with some friends. Police note several open containers of beer in the vehicle. Officer further notes odor of alcohol, slurred speech and balance issues throughout field sobriety tests. Driver refuses post arrest breath test. DWI charge dismissed prior to trial.
Police officer hears loud screeching tires and responds to area of park and ride lot. He sees two individuals outside two different cars urinating at edge of lot. Police only investigate one driver as possible DWI. Driver admits he had a few drinks earlier, as it is his 21st birthday. Driver looks entirely sober on booking video, but blows .10 BrAc. Defense prepared to argue officer violated 20 minute observation period for breath testing sequence. DWI charge dismissed prior to trial.
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 several marked lanes violations on rural road a short distance from his home. Driver admits to having a couple of beers after work playing darts and admits to smoking pot. Officer’s body camera depicts field sobriety tests and post arrest booking and breath test sequence. Defense uses video to challenge validity of field sobriety tests and more importantly, admissibility of breath test. Recording clearly shows officer was not observing driver for required 20 minutes before breath test. DWI Charge dismissed prior to 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 driver for entering highway onramp against red turn signal. Police not odor of alcohol, slurred speech and unsteadiness. Driver attempts field sobriety tests, but tells officer he has several physical ailments. Defense utilizes booking video to depict driver’s apparent sobriety, despite fact he refused post arrest breath test. DWI charge dismissed prior to trial.