Police officer monitoring traffic takes note of late model vehicle allegedly speeding on Main thoroughfare, but he is unable to initiate motor vehicle stop due to his current roadway position with another stop. Approximately one (1) hour later the same officer is called to assist with a domestic issue and the report of the wife being highly intoxicated. The responding officer recognizes the car in the driveway and the wife as being the same driver he saw earlier. There is evidence that she consumed wine at home and is highly intoxicated. Defense prevails on Clerk/Magistrate to deny application for OUI criminal complaint, due to lack of probable cause that driver was impaired earlier when officer observed her driving.
Category: DUI Case Results
NH DWI Complaint Dismissed
Police responding to report of erratic driver observe reported car following too closely to traffic ahead and swerving onto to snow covered shoulder of road. After stopping car, police note that driver appears slow and lethargic with an odor of alcohol and slurred speech. The driver’s pants are un buttoned and his fly is open, but he refuses to answer questions or to submit to field sobriety tests. DWI complaint dismissed prior to trial. Lifetime Lookback effects of Melanie’s Law avoided for this Massachusetts license holder.
NH DWI Charge Dismissed
Police officer on routine patrol notices an SUV off the road and into a slight ditch on the side of the road. It appears the vehicle slid off the road in snowy conditions attempting to negotiate turn. Single male present claims he owns the vehicle, but his friend was driving. He is standing outside the vehicle with his cell phone in hand. He admits to drinking, but denies driving, and is simply waiting for his friend to return. Police note obvious signs of impairment and client makes somewhat contradictory statements at booking. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stop driver for speeding and nearly hitting mailbox on side of road. Driver displays slow speech, an odor alcohol and red/glassy eyes. Driver admits to drinking only two beers and he is just a short distance from his girlfriend’s home, whom he is driving home. Police ask driver to participate in field sobriety tests, which driver agrees to perform, only after disclosing a recent leg injury. Defense prepared to challenge validity of tests in light of documented injury. DWI charge dismissed prior to trial.
Not Guilty Verdict MA OUI Charge
Police respond to report of possibly intoxicated driver made by tow truck driver that assists in giving driver a jump start of his car. Although police immediately identify the reported car moving away from scene, they follow, without stopping, for approximately 2.5 miles, noting only minor speed deviations and drifting “within” his lane. Driver admits to two drinks at show with his wife. Police allege driver has odor of alcohol and slurred speech and performs less than perfectly on ABC test. He does not take one leg stand test or walk and turn test due to artificial hip and knee problems. Horizontal Gaze Nystagmus test and refusal of portable breath test not admissible in Massachusetts OUI prosecution. Not Guilty verdict following trial.
Not Guilty Verdict MA OUI
Police come upon disabled vehicle in break down lane of highway. Driver indicates he is OK and is simply waiting for AAA. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver’s account of hit and run accident does not match what officers see for damage. Driver arrested following field sobriety testing. Post arrest .15 breath test excluded by defense. Cross examination of arresting officer focuses on nature of field sobriety tests and driver’s actual passing performance on parts of these roadside examinations. Not Guilty verdict following trial. Lifetime Lookback enhanced penalties under Melanie’s Law avoided.
Not Guilty Verdict NH DWI
Police stop driver in gas station convenience store parking lot after observing him pull into lot without headlights. Driver explains he and his passenger had just dug his car out of snowbank and they were returning shovel to store. Driver admits to having a beer earlier when officer asks about the odor of alcohol. Police also note driver’s eyes are glassy/bloodshot. Police make arrest following field sobriety tests. Post arrest .15 breath test is excluded as evidence because booking video clearly shows breath test operator did not comply with requirement of 20 minute observation of driver before test. Defense utilizes arresting officer’s body camera video to cross exam officer on driver’s performance and the conditions of the test, including cold temperature and fact that driver is standing in wet socks wearing sandals. Not Guilty verdict following trial. MA resident avoids reciprocity under Melanie’s Law.
NH DWI Charge Dismissed
Police notice car weaving over marked lanes and passing traffic without signally lane changes. Officer makes motor vehicle stop some time later and notes driver’s confusion as to his location. He also notes glassy/bloodshot eyes, odor of alcohol, and slurred speech. Driver admits to having some “shots” before driving, but he refuses to participate in field sobriety tests. Defense prepared to use booking video to show client’s cooperative demeanor and steady stance. Defense investigation also discloses police followed driver for more than two (2) miles before deciding to stop him. DWI charge dismissed prior to trial. MA resident avoids reciprocity under Melanie’s Law. Administrative License Suspension (ALS) was previously vacated due to inadequate implied consent warnings about independent blood draw option.
NH DWI Charge Dismissed
Police respond to report of two (2) car collision with injury in parking lot. Driver is outside of vehicle and she admits to backing into another car with her minor children in car. No injuries actually occurred and damage to each vehicle is minor. Police allege driver displays glassy/bloodshot eyes and a moderate odor of alcohol. She admits to drinking “one beer” watching softball game. Police allege she fails three (3) standard field sobriety tests and refuses post arrest breath test. Given age of children/passengers she is charged with Aggravated DWI. Defense negotiates dismissal of all DWI charges prior to trial. MA resident avoids reciprocity under Melanie’s Law.
NH DWI Charge Dismissed
Police stop driver for marked lanes violation and speeding. Officer notes odor of alcohol, slurred speech and glassy/bloodshot eyes. Following exit order driver refuses field sobriety tests and officer places him in handcuffs for arrest. Officer asks driver one more time to participate in field sobriety tests. Driver relents, is taken out of cuffs and then proceeds to fail all three (3) field sobriety tests. Post arrest breath test is .15. Defense moves to exclude all evidence of field sobriety testing because they were done “post arrest” without the required implied consent warnings. Defense also set to argue breath test is also excludable because it followed from arrest lacking probable cause. DWI charge dismissed prior to trial and Administrative License Suspension (ALS) vacated.