Category: DUI Case Results

Police stop driver for speeding down on-ramp and onto highway. Young driver admits to drinking only “two” beers at sports bar. She claims she is unfamiliar with the posted speed limit. Defense focuses on the various disparities between standard filed sobriety results and fact that driver does not present with some of the classic indicators like slurred speech or glassy/bloodshot eyes. Not Guilty Verdict following trial.

Police notice driver operating without headlights. When blue lights are activated driver takes very wide right turn off main road before stopping. Police note odor of alcohol from driver and his slow speech. Driver admits to drinking a “few Heinekens, his favorite.” Arrest follows standard field sobriety tests. Post arrest breath test .10 is excluded by Defense challenge to scientific reliability of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Police respond to scene of minor fender bender in Supermarket plaza. Driver admits to having a few drinks before returning to plaza to pick up his take-out pizza order. Police note odor of alcohol, glassy eyes and unsteadiness. Defense appears for trial on three (3) separate occasions, ready to challenge validity of field sobriety tests for 71 old driver and use booking video to show driver’s apparent sobriety. Necessary witnesses fail appear on each scheduled trial date. OUI charge dismissed by order of Court. Lifetime Lookback effects of Melanie’s Law avoided.

Police respond to citizen cell phone report of driver speeding and weaving in and out of traffic. Police respond to same area and observe vehicle having lane control issues. Driver is stopped but denies drinking anything, despite fact Police note and odor of alcohol coming from interior of vehicle. Driver claims he was not paying attention and was just in a rush to get home to Massachusetts following a family ski trip. Evidence from field sobriety testing is contradictory as the driver passes some tests but others indicate impairment. DWI Charge dismissed prior to trial.

Driver stopped on Superbowl Sunday for Speeding violation. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver does poorly on field sobriety tests and later complains of anxiety and claustrophobia while handcuffed in police cruiser. Post arrest breath test results of .19 excluded by defense challenge to scientific reliability of breath test device and calibration protocol. Not Guilty verdict following trial.

Police respond to report of minor collision in parking lot outside tavern. Driver appears with slurred speech, glassy/bloodshot eyes and unsteady gait. Arrest follows standardized field sobriety tests. Post arrest breath test .19 BrAC excluded by defense challenge to scientific reliability of Draeger Alcotest 9510. OUI charge dismissed for Lack of Prosecution when necessary witnesses fail to appear for scheduled trial.

NY driver pulled over for speeding while driving company vehicle. Driver admits to drinking after work with colleagues and just trying to find his hotel. Driver is smoking cigarette, but Police still note odor of alcohol and glassy/bloodshot eyes. Police make arrest following field sobriety tests. Booking video is not preserved despite timely defense request to police/prosecution for the video evidence. DWI charge dismissed by agreement prior to trial.

Police stop driver for speeding violation. Officer notes strange odor emanating from vehicle consistent with “Spice” and notes driver’s fingers are stained brown. Several Spice packets are strewn about interior of vehicle. Police engage driver in field sobriety testing and Drug Recognition (DRE) Exam. Defense challenges validity of DRE protocol without expert witness support. Not Guilty Verdict following trial.

Police responding to report of man engaging in fighting behavioir and leaving scene on motorcycle. Police intercept driver leaving neighborhood. Driver admits to getting in verbal altercation and leaving house party voluntarily. He admits to drinking and probably being unfit to drive. Defense prepared to argue stop of motorcycle lacked reasonable articulable suspicion of criminal activity. DWI charge dismissed prior to trial by agreement. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident with one (1) prior OUI CWOF disposition.

Police approach driver stopped in parked vehicle in closed convenience store parking lot. Police allege this is high crime area with history of break-ins. Driver appears to be confused as to where he is, and police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Arrest follows standardized field sobriety tests. Defense uses cruiser video to analyze reasonableness of seizure. Motion to Suppress stop/seizure filed. DWI charge dismissed by agreement prior to trial.