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.
Category: DUI Case Results
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.
NH DWI Charge Dismissed
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.
Not Guilty MA OUI Charge
Police respond to single car crash to find pickup truck disabled and damage along highway jersey barrier. Driver admits to drinking earlier and claims he was cut off by a “black” car that left scene. Defense challenges validity of field sobriety tests in cold, wet, interior breakdown lane of highway and offer pictures of damage to truck to substantiate black paint transfer by another vehicle. First trial results in hung jury and a declared mistrial. Not Guilty verdict following 2nd trial.
NH DWI Charge Dismissed
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.
NH Administrative License Suspension Vacated
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.
Not Guilty Verdict MA OUI
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.
Not Guilty Verdict MA OUI Charge
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.
NH DWI Charge Dismissed
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.
MA OUI Drugs 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.