Police stop driver after he reportedly side swiped another car on the highway and proceeded to drive several miles without stopping. Other vehicle follows client until police make stop. Driver participates in field sobriety tests and claims he didn’t realize his car “clipped mirrors” with the other car. Post arrest breath test. 12 is excluded by the defense. Booking video utilized to display the client’s demeanor, speech, balance, cognition and behavior. Not Guilty Verdict following trial.
Category: DUI Case Results
MA OUI Charge Dismissed
Police stop driver for speeding in early morning hours. Officer notes odor of alcohol and driver’s glassy bloodshot eyes. Driver participates in field sobriety tests and police allege she fails horizontal gaze nystagmus (HGN) and walk and turn test, but passes one leg stand test. Portable Breath test (PBT) is .11. HGN and PBT are not admissible in MA. Defense excludes post arrest breath test of .09. OUI charge dismissed on day of trial for lack of prosecution.
NH DWI Charge Dismissed
Police receive call from driver’s family reporting her as a possible hazardous drunk driver heading home to Massachusetts. Police locate vehicle and confirm erratic operation. After stop Officer notes odor of alcohol and driver’s glassy eyes. Driver participates in field sobriety testing but refuses post arrest breath test. Defense focuses on driver’s behavior and lack of slurred speech. She admits that she left family’s home because of an argument. Portable Breath Test roadside .201. Field sobriety tests allegedly failed, but officer does not record performance with any level of detail. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stop MA driver in NH for speeding and marked lanes violations. Driver admits to drinking earlier before leaving MA for a hotel destination in NH where he is attending business conference. Officer notes an odor of alcohol and a slight slur to driver’s speech. Driver exits vehicle and completes Horizontal Gaze Nystagmus test, but refuses to complete further field sobriety tests. Officer makes arrest and driver refuses post arrest chemical test. DWI Charge dismissed prior to trial. Lifetime Lookback penalties under Melanie’s Law and reciprocity with MA RMV avoided.
Not Guilty Verdict MA OUI
Driver stopped on highway for several lane changes without signaling and drooping his speed well below the posted limit causing other cars to slow. Officer notes the driver is excitedly claiming he’s never had a ticket and that he’s chewing gum, presumably to cover the odor of alcohol. Driver admits to having a few beers. Client does well on portions of field sobriety tests, but blow .099 on Portable Breath Test (PBT). He is arrestee and submits to post arrest breath test of .10. Defense excludes post arrest test and PBT is not admissible in MA. Not Guilty verdict following trial.
NH DWI Charge Dismissed
Police respond to an anonymous report of three drunk guys leaving a boat ramp with boat on trailer. Police stop what they think is the vehicle after observing it leave the area and make a wide turn. Driver admits to having “a couple” of drinks while fishing with friends. Police allege driver displayed odor of alcohol, slurred speech and sway as he stood outside truck. Police make arrest after field sobriety tests. Defense prepared to utilize booking video to show driver’s balance, cooperation and lack of swaying post arrest. DWI charge dismissed prior to trial.
NH DWI Charge Dismissed
Police stop driver for marked lanes and speeding violations. Driver admits to having wine at a Casino to celebrate her birthday. Driver submits to filed sobriety tests, but much of the cruiser video captures her complaints about the difficulty of the tests with her back injury. Defense is able to support claim of back injury with medical records. DWI charge dismissed prior to trial.
NH BWI (Boating) Charge Dismissed
Operator of vessel is stopped for failure to display registration stickers. Marine Patrol notes and odor of alcohol coming from driver duding safety check and an open container near the helm. Operator consents to complete battery of Field sobriety tests but refuses post arrest breath test. BWI charge dismissed prior to trial. Significant Lifetime Lookback penalties under Melanie’s Law avoided for this Massachusetts driver.
MA OUI Charge Dismissed
Police respond to single car accident to find truck crashed through wrought iron fence. Client is found walking back towards the scene several minutes after the crash. He admits to drinking at his house where he is coming from and also earlier while golfing. Client admits to being the driver and is arrested for OUI charge. At trial Prosecution lack sufficient evidence to corroborate driver’s admission that he was the driver, as independent witness that called in crash was not identified. OUI Charge dismissed for lack of Prosecution at trial date.
Not Guilty Verdict MA OUI
Driver reports to elementary school for afternoon pickup of his children. He is told by school staff to return with another vehicle equipped with adequate seating for kids. School staff call police to await his return because they detected an odor of alcohol from driver/dad. Police arrest driver upon his return and find an open container containing alcohol in his personal vehicle and his glassy/bloodshot eyes. Driver refuses to take filed sobriety tests. Defense calls civilian witness/family member that responded to scene and finds driver upset, but not intoxicated. Booking video shows driver balanced, well behaved, cooperative and using his medicated eye drops to treat red, itchy eyes, as prescribed in his medical records. Refusal evidence not admissible in MA. Not Guilty verdict following trial.