Category: DUI Case Results

Driver stopped for marked lanes violation. Police note odor of alcohol and glassy/bloodshot eyes. Driver seems confused as to his destination and route he is taking home. He claims he is lost. Driver struggles with field sobriety instructions and performance. Defense utilizes expert witness to explain defendant’s ADHD and how it would negatively impact field sobriety testing. Not Guilty Verdict following trial. Lifetime Lookback effect of Melanie’s Law avoided.

Police stop moped operator for faulty headlight. Driver admits to consuming 3-4 beers and he takes field sobriety tests, passing the one-leg stand test but failing the walk and turn and HGN test. Portable Breath Test (PBT) on scene is .08. Post arrest breath test .07 BrAC. Defense prepared to argue PBT is inadmissible. DWI charge dismissed prior to trial.

MA Driver stopped in NH in October 1999 and charged with DWI Subsequent Offense. He fails to appear for trial date NH Court. In 2016 Counsel advises him to appear in NH Court to address default, recall warrant and resolve the outstanding DWI charge. Defense negotiates a non-dwi disposition. Driver later able to reinstate Massachusetts Driver’s license without further negative consequences under Melanie’s Law Lifetime Lookback provisions.

Police respond to scene of motorcycle crash on highway off-ramp. Driver refuses medical attention, admits to drinking in Boston prior to crash and fails field sobriety tests. During booking process, driver complains of pain and he is transported to hospital where he is diagnosed with several fractured rips and punctured lung. Hospital blood analysis is above .20 BAC. At trial, Prosecution cannot offer evidence of blood test results without expert witness. Records of injury otherwise admitted by defense for effect upon field sobriety tests. Not Guilty verdict following trial.

Police stop motorcyclist for illegally extended handlebars. Officer notes odor of alcohol and driver’s glassy/red eyes. Driver only give’s Officer one word responses and refuses to participate in Field Sobriety Tests. Driver willing to submit to post arrest breath test, but Officer insists upon Blood Test, which driver refuses. Defense files Motion to Dismiss, arguing Police lacked probable cause to arrest for DWI. Cruiser video is critical to analysis of roadside encounter. Prosecution takes no position on Motion to Dismiss. DWI charge dismissed by Court

Driver stopped by police at Sobriety Checkpoint/Roadblock. Officer notes odor of alcohol and driver’s red/glassy eyes. Driver admits to having two beers at concert, which he just left venue with wife. Driver takes HGN test but then refuses remaining field tests and breath test. Defense points out that driver is disabled and his walking cane is found in car. DWI charge dismissed prior to trial.

Police respond to report of woman passed out/asleep behind wheel in rush hour traffic on Main Thoroughfare. First officer on scene notes driver is lethargic, confused and appears with glassy/bloodshot eyes and slurred speech. He does not note odor of alcohol. 2nd Officer makes same observations and determines driver failed field sobriety tests. Neither Officer notes odor of alcohol in testimony or relates driver’s symptoms to alcohol intoxication, only that she appears “impaired.” Defense Motion for Required Finding of Not Guilty at close of all Evidence Granted by Court.

Police stop driver for failure to come to complete stop at Stop sign. Driver denies drinking that evening but his passenger is quite vocal and claims she is drunk and her boyfriend is “Fine to Drive.” Backup is called so field sobriety tests can be conducted without interference from passenger. Driver is arrested after police allege he fails roadside tests. Defense prepared to argue Motion to Suppress alleging police lacked reasonable suspicion that driver was impaired by alcohol and exit order for field sobriety testing was illegal. DWI Charge dismissed prior to trial.

Police stop MA Driver for marked lanes violation. Driver displays odor of alcohol and glassy/bloodshot eyes and tells Officer he is just coming back to rental house from buying liquor. Driver complains about flashing lights during HGN test and only completes Walk and Turn Test before refusing remaining tests, including breath test. DWI Charge dismissed prior to trial. Lifetime lookback effects of Melanie’s Law avoided for this MA resident (NH DWI Would have triggered two 2 year loss of MA License) with prior Continued Without a Finding (CWOF) disposition on an OUI.

Police stop driver during early afternoon when concerned citizen calls police to say driver is acting erratically in parking lot across the street from pharmacy. Car is stopped in middle of road when police arrive. Driver submits to field sobriety testing but is 0.00 on breath test. Police suspect she is under the influence of combination of prescribed drugs. Prosecution cannot prove impairment of any particular substance at trial. Not Guilty Verdict. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident driver with prior Florida DWI.