Police respond to report of single disabled vehicle. Client is found outside of car and admits to driving, but there is no other evidence to corroborate this admission. Police do note an odor of alcohol, slurred speech and glassy/bloodshot eyes. Alleged driver refuses to participate in field sobriety tests on scene and refuses post arrest breath test. DWI charge dismissed prior to trial.
Category: DUI Case Results
Not Guilty Verdict MA OUI Charge
Police respond to scene of single car crash. Only person on scene is found outside of damaged vehicle placing beer cans into a backpack. Police immediately recognize young man is injured and he is ultimately transferred to the hospital by ambulance for the treatment of injuries, including a fractured leg. Police due note an odor of alcohol, red/glassy eyes and slurred speech. Client refuses requested blood test at hospital. Government does not seek Judicial Order/Warrant for medical records. Trial concludes with Not Guilty verdict.
Not Guilty Verdict MA OUI
Police respond to scene of single car crash finding pickup truck in roadway after it struck rock wall. Police note strong odor of alcohol and driver’s difficulty with balance. Client refuses field sobriety tests and the post arrest breath test. Refusal evidence inadmissible in MA. Although driver admitted to being driver of truck and no other persons on scene, evidence at trial does not include admission and further lacks evidence tying client to vehicle and its’ operation. No percipient witness to crash. Prosecution fails to establish “operation” beyond a reasonable doubt. Not Guilty verdict following trial.
Not Guilty Verdict NH DWI
Police respond to report of driver asleep at wheel in parking lot of fast food restaurant. Police wake driver and ask him to participate in field sobriety testing due to smell of alcohol and admission to drinking “one bud light” earlier. Defense calls witness who picked up and dropped off client at restaurant parking lot and took him out for one beer at pool hall. Defense challenges validity of field sobriety tests and officer’s failure to document many details consistent with the driver’s sobriety. Not Guilty verdict following trial.
NH DWI Charge Dismissed
Police stop driver for weaving and driving well below the posted highway speed. Officer notes odor of alcohol, glassy eyes and flushed face. Driver admits to drinking much earlier at the Lake with friends and tells the officer the vehicle needs repairs and he was driving cautiously slow for that reason. Arrest follows filed sobriety tests, driver refuses post arrest breath test. Defense prepared to establish driver is diabetic and suffering from very low blood sugar at time of stop and arrest. DWI Charge dismissed prior to trial.
NH DWI Charge Dismissed
Driver stopped by police for defective headlight. Driver admits to consuming two beers with friends at dinner immediately prior to the stop. Cruiser video depicts his participation in field sobriety tests and the officer’s incorrect summary of the implied consent law for breath testing and driver’s right to independent blood draw. Booking video further depicts driver’s utter confusion with the breath testing process due to the officer’s misstatement of the law. Defense prepared to challenge field sobriety tests due to driver’s recent surgery and pre-existing conditions. DWI Charge dismissed prior to trial.
Not Guilty Verdict MA OUI Charge
Police respond to single car crash that was initially reported to and investigated by neighboring NH police. Crash occurs on the border. MA police arrive to find single young man on scene, yelling, bleeding heavily from head wound and otherwise refusing medical treatment or to cooperate with police. Driver is arrested and forced to hospital via ambulance where his blood is seized for medical purposes, against his will. Warrant issued for .16 blood evidence. Defense prevails at trial because prosecution lacks admissible evidence to establish client was actually driving car. The uncorroborated admission to driving alone is legally insufficient. Not Guilty verdict following trial.
Not Guilty Verdict MA OUI Charge
Police stop driver in early morning hours for speeding violation. Police are off put by driver’s refusal to speak with them and refusal to participate in field sobriety testing. Driver admits to one drink, and only agrees to field sobriety testing after his wife pleads with him to cooperate. Police note odor of alcohol, slurred speech and glassy eyes and the driver’s escalating belligerent behavior and language. Defense challenges validity of field sobriety tests and police version of events. Not Guilty verdict following trial.
Not Guilty Verdict MA OUI Charge
Police respond to citizen cell phone 911 report of erratic operator displaying lane control issues. Police find vehicle and observe it driving over skip line straddling two lanes. Police make motor vehicle stop and note driver’s eyes are glassy/bloodshot and she has odor of alcohol coming from breath. Driver admits to consuming two vodka drinks at dinner. Driver attempts field sobriety tests despite telling police about multiple leg injuries. Post arrest breath test .15 is excluded as evidence by the defense prior to trial. Defense introduces certified medical records to document leg injuries. Booking video utilized to defense advantage as well. Not Guilty Verdict following trial. Lifetime Lookback effects of Melanie’s Law avoided.
NH DWI Charge Dismissed
Driver is pulled over for speeding and stopping beyond the stop line at intersection. The officer notes an odor of alcohol, slow, deliberate speech and glassy/bloodshot eyes. The driver discloses issues with his back, knees and ankles before field sobriety tests. Defense seeks to exclude admission that driver rates himself a “3” on a scale of zero to ten, zero being sober, ten being fall down drunk. Administrative License Suspension is vacated due to faulty implied consent procedure. DWI charge dismissed prior to trial.