Category: DUI Case Results

Police begin to follow driver after witnessing his car strike a curb stone along a snow covered city street. Police also note the car’s rear window is completely covered in snow. Driver admits to drinking and presents with odor of alcohol, slurred speech and glassy/bloodshot eyes. Inclement weather forces field sobriety tests to be done under awning to avoid accumulated snow. Defense prepared to argue post arrest breath test refusal cannot result in negative inference because implied consent warnings were incomplete. Defense prevails at ALS/DMV hearing on this issue. DWI charge dismissed prior to trial.

Driver stopped for speeding. Arrest follows standardized field sobriety tests. Driver initially submits to breath test sequence at station but machine reports “invalid sample,” despite reported .09 printed result. Driver refuses to participate in subsequent re-test. Defense prepared to argue that reported results from 1st test are inadmissible. DWI charge dismissed by agreement prior to trial. Lifetime Lookback effect of Melanie’s Law avoided for this MA Resident with one (1) prior OUI disposition in MA.

Driver stopped for speeding violation driving home with his brother from night out. Officer notes odor of alcohol, and glassy eyes. Following arrest Officer allows driver to seek legal counsel over phone before making decision to take breath test. Given early morning hours driver cannot find lawyer to answer call, but he does not refuse test, only asks for more time to seek counsel. Driver not entitled to legal counsel during implied consent process in NH, but the Officer deemed driver a refusal after a short period of time without allowing adequate time for decision to be made. Driver never stated he was refusing breath tes. NH ALS Suspension vacated following DMV Hearing.

Police respond to reported hit and run on highway off ramp. Reporting driver followed client to house short distance from off ramp and blocked her car in driveway until police can respond. After a brief investigation police make OUI arrest and client submits to .22 Breath Test at station. Breath Test evidence excluded by defense challenge to scientific reliability of Draeger breath test device and Office of Alcohol Testing protocol. At trial, citizen/cell phone reporting driver fails to appear a witness and defense excludes his statements to police as Hearsay. Directed Verdict of Not Guilty entered by Court when Prosecution rests without sufficient evidence of Operation of a Motor Vehicle on a Public Way. Lifetime lookback consequences of Melanie’s Law avoided.

Police pull out to follow driver with defective headlight. He slows in presence of marked cruiser but otherwise drives normally. Driver states he pulled off highway to rest following long drive home from Patriots game. He admits to drinking at the game, but not for quite some time. Driver does reasonable well on field sobriety tests and discloses his history of knee problems. Defense Motion to Exclude Breath Test for failure to establish valid 15 minute observation period is granted. At trial defense submits medical records to establish history of knee injury. Not Guilty finding following trial.

Police respond to two car collision at five way intersection. Driver self extricates from rolled over pickup truck, but he is clearly injured and groggy. He does admit to consuming a beer earlier after hockey and that he thought he had right of way at confusing intersection. Truck is full of tools, hockey equipment and a few empty beer cans. Driver refuses to submit to blood test at hospital. State has missing witness issue that is disclosed prior to trial. DWI charge dismissed.

Police respond to multiple 911 calls of driver weaving across highway lanes and finally crashing into inside guardrail and snow bank. Police find driver outside of damaged car trying to re-enter vehicle and leave. Driver is reported to be confused, lethargic and argumentative, but there is no evidence of alcohol impairment. Police suspect, based on driver’s pinpoint pupils that he is impaired by some controlled substance. Defense files Motion in Limine to exclude any unfounded opinion evidence regarding impairment by any substance, other than alcohol. Government did not disclose an expert witness qualified to state such an opinion. Prosecution agrees to dismiss OUI Drugs Charge on trial date.

Biker stopped by Police during Laconia Bike week for red light violation. Driver admits to drinking earlier and is simply following friends back to their campsite. Client submits to field sobriety testing and is arrested and transported to local police station. Post arrest breath test result is .10. Booking video utilized by defense at Administrative License Suspension Hearing to prove arresting officer/breath test operator did not observe the subject prior to the test as required and driver testifies that he was never asked or instructed to remove chewing tobacco from his mouth. ALS suspension vacated. DWI charge dismissed prior to trial.

Police begin to follow driver for marked lanes violations and then observe her stop and apparently vomit onto roadway from driver’s seat. Cruiser video depicts the driver being somewhat confused and unsteady as she exits to speak with the Officer. Video also records Officer telling driver she cannot leave and she must wait for a second officer to arrive before they begin field sobriety testing. Defense prepared to argue that field sobriety testing was inadmissible at trial because it was custodial without implied consent warnings and all statements after exit order must be suppressed without proof of valid Miranda warning and waiver. Defense negotiates dismissal of DWI Charge prior to trial.