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.
Category: DUI Case Results
NH DWI Charge Dismissed
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.
ME OUI Drugs Charge Dismissed
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.
NH Aggravated DWI & DWI charges Dismissed
Police follow car for one mile noting varying speeds and that driver is following too closely to vehicle in front. After traffic stop, driver, college student, admits that he was up very late drinking with friends the night before prior to graduation ceremony. Cruiser and body cam display driver as cooperative and polite. Driver also does remarkably well on field sobriety tests. Post arrest breath test is .17 BrAc, resulting in DWI and Aggravate DWI charges. Defense utilized officer body cam footage to establish violation of breath test 20 minute observation period. State concedes breath test evidence is not admissible at trial. DWI charges dismissed prior to trial.
NH DWI Charge Dismissed
Police respond to report of driver leaving heavily trafficked area through an area no open for vehicular traffic. Police find reported vehicle stopped on travel portion of road. Driver tells police he is waiting for friend to catch up to him, so he can follow her home. HE admits to a few drinks, “call it three(3)”. Police allege he fails standard Field Sobriety Tests and refuses post arrest breath test. Defense prepared to challenge legality of initial traffic stop based on report of conduct that was not criminal. DWI charge dismissed prior to trial.
Not Guilty Verdict MA OUI Charge
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.
Application for OUI Drugs Charge dismissed
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.
NH DWI Charge Dismissed
Police notice vehicle traveling without headlights in early morning hours. Before they can stop vehicle they further observe driver make illegal u-turn. Driver admits to being out with friends earlier, but he was the “DD”. Police note he does not know the exact name of the clubs was at and take his confusion as evidence of impairment. Police note an odor of alcohol and glassy eyes, but no other signs of impairment. Driver arrested after exit order and field sobriety tests. He refuses breath test. Defense prepared to argue Police lacked sufficient evidence to issue exit order for field sobriety tests. Defense negotiates dismissal of DWI charge prior to trial.
NH Administrative License Suspension (ALS) Vacated
MA Driver facing six (6) month loss of driving privileges in New Hampshire for post arrest breath test result .17. MA RMV also reciprocates with “immediate and indefinite” suspension of MA Driver’s License based on NH ALS suspension. Defense utilizes body camera footage from arresting officer and breath test operator to prove 20 minute observation period was clearly violated. NH DMV vacates ALS suspension. MA license restored.
Not Guilty Verdict MA OUI
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.