Police on early morning stationary patrol notice passing vehicle slow, turn and park behind cruiser. Driver exits and approaches officer asking for directions. Officer notes odor of alcohol and slurred speech and asks driver to return to his car. When back up arrives police put driver through field sobriety tests and make arrest. Breath test at station .28 is excluded by the defense. Booking video footage does not support police allegation that driver is unsteady. Empty nips in driver’s car cannot be used as evidence because officer that made inventory search of car post arrest is not called as witness. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.
Category: DUI Case Results
Not Guilty Verdict MA OUI
Police respond to numerous reports of erratic operator making unsafe lane changes on highway. Driver stopped on offramp and appears extremely unsteady on his feet, with odor of alcohol and slurred speech. Post arrest breath test .11 is excluded by the defense. Search of vehicle discloses open wine containers, but officer who conducted inventory search is not called as witness at trial. Defense focuses on difficulty of field sobriety tests in breakdown lane of highway at rush hour and lack of video/audio recording of booking process. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.
NH DWI Charge Dismissed
Police observe driver with lane control issues on highway, execute stop on off ramp. Driver displays slurred speech and slow reactions with strong odor of alcohol. Following exit order driver completes horizontal gaze nystagmus, walk and turn and one leg stand test, all failed in opinion of police. Defense focuses on lack specific detail in report about clues/indicators on various tests and the obvious language barrier between police and driver. DWI charge dismissed before trial. Massachusetts driver avoids OUI reciprocity under Melanie’s Law.
Not Guilty Verdict MA OUI
Police stop to investigate motorcycle stopped on side of road. Driver is laying on grass near bike waiting for AAA and informs police the bike broke down. Civilian witness testifies that he attempted to help the driver and actually called AAA for him, providing the exact location. Police find driver to be confused about his actual whereabouts and he emits a strong odor of alcohol. Field sobriety tests result in client’s arrest. Post arrest breath test of .21 is excluded by the defense. Medical records offered by defense to substantiate client’s claim of bad knees. Not Guilty Verdict after trial. Lifetime lookback enhanced penalties under Melanie’s Law avoided.
NH DWI Charge Dismissed
Police Officer watches driver pull into breakdown lane and then proceed onto highway after ten (10) seconds. Officer follows and then stops vehicle after seeing several marked lanes violations. Driver is upset and crying and explains she just got in fight with boyfriend and had stopped in breakdown lane to take call. Officer notes odor of alcohol and driver admits to having a Rum & Coke earlier. Arrest follows standard field sobriety tests. Defense contends driver was not provided correct implied consent warnings prior to the alleged refusal of breath test. DWI charge dismissed prior to trial.
NH DWI Drugs Charge Dismissed
Driver stopped by police on highway for driving well below the posted speed limit. Driver exhibits signs of marijuana impairment to include sluggish behavior, green tongue, dilated pupils and confusion. Driver participates in standard field sobriety tests, and a post arrest Drug Recognition Evaluation. Blood test is completed and disclosed presence of active Marijuana metabolite in blood in excess of 5 ng/dl. Defense prepared to challenge DRE protocol. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police approach driver asleep in vehicle in Pizza shop parking lot in early morning hours. Police note odor of alcohol, slurred speech and driver’s confusion as well as numerous empty alcohol containers in vehicle. Client admits to drinking wine earlier and discloses medical issues, including prosthetic leg. Cruiser camera depicts driver as cooperative and polite, but field sobriety tests are limited due to leg issue. Portable Breath Test on scene is .106. Post arrest breath test is .07. DWI charge dismissed prior to trial.
Not Guilty Verdict MA OUI
Driver is involved in rear end collision on busy thoroughfare at 6:00 p.m. in evening. Admits to police he had “a couple” after work. Driver refuses field sobriety testing and is arrested. Police cite accident, odor of alcohol, “clumsy” walking and admission to drinking as grounds for arrest. Post arrest breath test of .08 is excluded by defense. Refusal evidence not admissible in MA. Not Guilty Verdict following trial.
Not Guilty Verdict NH DWI Charge
Motorcycle driver stopped in early morning hours for traveling 57 MPH in 30 MPH zone. Officer notes and odor of alcohol and glassy eyes. Driver admits to consuming “three Bud Lights” earlier in the night. Police allege driver fails HGN and Walk and Turn, but admit he passes one leg stand. Defense alleges negative inference cannot be drawn from driver’s refusal of breath test because he was not provided complete implied consent warnings to include the right to an independent blood draw. This argument prevailed at DMV ALS hearing. Not Guilty Verdict following trial.
NH DWI Charge Dismissed
Police watch driver make illegal left turn out of convenience store parking lot in early morning hours. After stop Officer notes that driver appears nervous and there is a faint odor of alcohol along with “slightly” slurred speech. Upon exit driver participates in field sobriety tests but refuses post arrest breath test. DWI charge dismissed prior to trial.