Police stop client for numerous moving violations. Driver states he was driving poorly because he was sad and dejected. Police not odor of alcohol and glassy/bloodshot eyes. Driver admits to four beers over the course of four hours at a bowling alley. Portable breath test device indicates .163 BrAc following standardized field sobriety tests. Post arrest breath test at station is only .08 BrAc. Defense negotiates dismissal of DWI charge prior to trial.
Category: DUI Case Results
NH DWI Charge Dismissed
Police respond to parking area of large concert venue for report of disturbance. Driver involved in minor fender bender in crowded lot but refused to exit his truck as he was being threatened by other driver. Police arrest driver following his admission to drinking, filed sobriety testing and post arrest breath test of .09. Defense prepared to argue parking area is private, not open to public and accessible only with exclusive parking pass, and therefore does not constitute a “way” for DWI statute. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stop MA driver after watching him leave parking lot of Chinese restaurant in early morning hours. Officer believes driver is texting while driving due to apparent glow of phone on driver’s face and position of his head looking down. Driver admits to one drink and states he was glancing down at GPS function of phone. Officer notes odor of alcohol and red/glassy eyes. Arrest follows standard field sobriety tests. Defense prepared to argue Motion to Suppress challenging legality of stop based on mere hunch of texting while driving violation. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Maine driver stopped by police on New Years Eve for reportedly making a dangerous pass around slower moving snowplow truck. Client admits to drinking at party which he just left. He participates in field sobriety tests and is arrested but refuses breath test. Defense prepared to challenge validity of field tests and driving behavior given wintery snowy conditions. Loss of Maine license avoided during pendency of case. Criminal DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
NY Driver stopped for marked lanes violations on his way back to hotel during business trip. Driver admits to drinking at local restaurant but won’t participate in field sobriety tests. Driver complains of low blood sugar and is ultimately transported to hospital where his blood sugar is tested as low. He refuses all other blood work or alcohol level testing. Criminal DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
MA driver is stopped by police for marked lanes violations. Driver explains to police that she is unfamiliar with area and is returning to campground for the night after visit to local tavern. Driver submits to field sobriety testing but refuses breath test. Throughout encounter driver expresses her fear and anxiety. Criminal DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
RI driver stopped by police for his failure to appropriately negotiate downtown traffic circle. Police take note that it is closing time for local downtown taverns and begin to follow car. Due to traffic police cannot make immediate stop but they do not see any other moving violations as they follow. Driver stops appropriately and provides police with requested documents. Client refuses to participate in field sobriety testing and police are left with their standard observations of odor of alcohol, slurred speech and glassy/bloodshot eyes. Client remains calm and respectful throughout custody, transport and booking and refuses breath test. Criminal DWI charge dismissed prior to trial.
Not Guilty Verdict MA OUI
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.
NH DWI Charge Dismissed
MA driver stopped by police following a 911 call reporting erratic operation on the highway. Defendant is arrested following stop and field sobriety tests. Refuses post arrest breath test. Defense files Motion to Suppress arguing stop of vehicle lacked reasonable suspicion as description of target vehicle from 911 caller was vague and police did not corroborate erratic operation or actual vehicle identity before making stop. Criminal DWI charge dismissed prior to trial and hearing on Motion to Suppress.
NH DWI Charge Dismissed
Police respond to single car crash with Utility van off road into large boulder. Driver admits to having a couple of beers earlier, but is otherwise agitated and upset following the accident. Cruiser camera captures scene of crash and a single filed sobriety test administered. Defense ready to challenge reliability of field sobriety test given driver’s mental state and the admissibility of a portable breath test (PBT). Driver refuses post arrest breath test. DWI Charge dismissed prior to trial.