Category: DUI Case Results

Police pass client’s vehicle driving 45 MPH in 30 MPH zone. After stop for speeding violation officer notes client trying to hand over license through closed window and then overwhelming odor of alcohol and glassy eyes when driver fumbles and finally opens window. Police allege driver presents with slurred, slow speech, fails Walk & Turn test, One Leg Stand Test and Alphabet test. Defense successfully excludes evidence of .12 post arrest breath test. Not guilty finding following trial. Subsequent offense penalties under Melanie’s Law Lifetime Lookback provisions avoided.

Police respond to citizen cell phone report of erratic driver. Officer stops vehicle matching description in report after confirming several marked lanes violations. Driver is cooperative but speaking only Spanish. Officer notes open container in vehicle, and the driver’s slurred speech, glassy, blood shot eyes and odor of alcohol from his breath. Defense is prepared to challenge accuracy of field sobriety tests without interpreter. DWI charge dismissed prior to trial. Lifetime Lookback consequences of Melanie’s Law for Massachusetts resident avoided.

Police respond to report of rear end collision. Client admits that he struck car in front of him when traffic suddenly stopped on ramp to highway. He further admits that he was coming from live music show where he consumed beer and liquor. Defense excludes evidence of post arrest breath test .12 due to challenge of breath test device scientific reliability and calibration protocol. OUI charge dismissed for lack of prosecution on day of trial.

Driver stopped for multiple marked lanes violations after police notice he does not immediately yield lane for approaching ambulance. Driver is adamant that he is not impaired, but police arrest him following field sobriety tests. Post arrest breath test evidence .12 is excluded due to defense challenge to scientific reliability of breath test equipment and calibration protocol. OUI charge dismissed on day of trial for lack or prosecution. Collateral consequences and enhanced penalties of Melanie’s Law Lifetime Lookback provisions avoided.

Police stop client’s vehicle for defective headlight. Driver admits to drinking and prosecution admits evidence of failed one leg stand test and walk and turn test. Defense excludes evidence of .10 post arrest breath test through challenge to scientific reliability of breath testing equipment and calibration protocol. Not guilty finding after trial, lifetime lookback consequences and enhanced penalties of Melanie’s Law avoided.

Driver stopped by police for numerous marked lanes violations. She is upset and crying and does poorly on field sobriety tests. Through challenge to scientific reliability of breath testing equipment and calibration protocol defense excludes .11 breath test evidence. OUI charge dismissed on day of trial for lack of prosecution.

Driver pulls over to look at GPS. Police notice he’s stopped in front of side street intersection and begin to follow him when he pulls U-turn. Driver is on Fog line and Center line briefly, but not over either. Police initiate stop and note odor of alcohol, but no other indicators of impairment. Arrest follows field sobriety tests. Client admits to coming from Irish Pub (St. Patricks’ Day) and trying to find his way home. Post arrest blood test .16. Defense files Motion to Suppress to argue police lacked reasonable suspicion to initiate stop or make exit order for field sobriety testing. Aggravated DWI & DWI charges dismissed prior to trial.

Police stop driver for operating without headlights. Car was one of thousands leaving concert venue in line of traffic. Driver admits to having “a couple” drinks at show. Police body cameras capture entirety of stop, interview and field sobriety tests. Defense prepared to use police video footage to challenge evidence of impairment. DWI charge dismissed prior to trial.

Driver pulled over by police for speeding and marked lanes violations. Police allege he fails to stop immediately and then performs poorly on field sobriety tests. Driver tells police he suffers from Vertigo which causes him to have balance problems. Post arrest breath test of .14 set to be challenged due to driver’s Gastro-esophogeal reflux disease (GERD). Breath test evidence exclude by defense challenge to scientific reliability of breath test device and calibration protocol. Not Guilty verdict following trial. Lifetime lookback consequences of Melanie’s Law avoided.

Police respond to report of possible intoxicated driver at State campground. Police arrive as driver is heading towards exit after refusing to pay entrance fee for facility, which is gated. Police stop driver and put him through field sobriety tests. Defense excludes statement of driver that he was drinking “Iced Tea” from cup found in center console. Not guilty verdict following trial. Prosecution cannot establish when the driver consumed alcohol. Lifetime Lookback consequences of Melanie’s Law avoided.