Category: DUI Case Results

Police respond to call of hit and run accident where driver allegedly left scene of low speed rear end collision. Police find client driver a short distance from minor accident pulled to side of road. Driver admits to having two drinks at Mall while Christmas shopping. His eyes are red and glassy and he emits odor of alcohol. His speech is not slurred. Driver fails Horizontal Gaze Nystagmus Test and Walk and Turn but passes One Leg Stand. Defense files Motions to Suppress certain statements and to Challenge Search of Vehicle which disclosed Marijuana and open alcohol containers. DWI charge dismissed by negotiated agreement prior to trial. Previous six (6) month Administrative License Suspension (ALS) based on breath test refusal was vacated for lack for prosecution.

Police stop driver late at night because she is having difficulty maintaining lane control. The officer notes the driver emits an odor of alcohol and appears with red/glassy eyes. The driver consents to standardized field sobriety tests and is arrested. She misunderstands the implied consent process and refuses a breath test, incorrectly believing she will be entitled to a blood test which she feels is more accurate. Defendant/driver is prepared to testify that she was not impaired, but only extremely fatigued at the end of a grueling work week and recovering from the flu at the time of the stop. She informed the arresting officer of her condition at the time of the stop. DWI charge dismissed by negotiated agreement prior to trial.

Driver stopped by police on highway for speeding and failure to dim high beams as he approached cruiser from behind. Police note odor of alcohol and glassy/bloodshot eyes. Driver allegedly fails standardized field sobriety tests and post arrest breath test is .15 BrAC. Defense excludes breath test result in consolidated litigation challenge to scientific reliability of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Police stop MA driver after she remains stopped for 30 seconds at Green Traffic Signal. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver admits to “two small glasses of wine” at friend’s house and she explains she is struggling to find on-ramp for highway. Client does poorly on portions of field sobriety tests, but well on others. Defense utilizes booking video to show client’s normal speech, behavior and appearance following the arrest. DWI charge dismissed by agreement prior to trial.

Police stop driver for marked lanes violation. Same officer arrested same driver for identical charge weeks earlier. Police note driver’s belligerent irrational behavior and foul language at roadside. Driver is arrested following field sobriety tests for DWI Drugs and Disorderly Conduct. Raucous, belligerent and profane language continues through post arrest Drug Recognition Evaluation at station. State is unable to prove what substance, if any, the defendant is impaired by, as DRE testifies that he suspects cannabis, “Spice”, Central Nervous System Stimulants and/or Central Nervous System Depressants possibly impaired the driver. Not Guilty finding following trial.

New York resident stopped for Stop Sign Violation and charged with Aggravated DWI as post arrest breath test is .19 BrAC. Arrest occurs in 1997. Defendant driver defaults and leaves jurisdiction until 2017. Although police witnesses are still available to State, defense prepared to argue breath test results were faulty in 1997 and inadmissible in 2017 for same reason. Aggravated DWI and DWI charge dismissed prior to trial by agreement.

Police stop driver on highway following citizen cell phone report of hazardous operation and then observing her commit several marked lanes violation at approximately 9:00 a.m. Driver appears lethargic, with slurred speech and slowed reactions. Police allege she fails Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests, but she is 0.00 on roadside portable breath test (PBT). Driver refuses to submit to blood test but admits she takes several prescribed medications for anxiety and depression. DWI charge dismissed prior to trial.

Police respond to multiple reports of crash on highway. Driver found in breakdown lane in vehicle with heavy front-end damage after crash into Jersey barrier. Driver claims he was cut off by another car that left the scene. Police allege driver fails field sobriety tests after admitting to having a few drinks that afternoon. Conflicting 911 reports substantiate defendant/driver’s account of 2nd vehicle causing accident and leaving scene. Defense presents medical records to confirm existence of client’s hip injury. DWI charge dismissed prior to trial. Lifetime Lookback effect of Melanie’s Law avoided for MA Driver.

Police respond to report of minor collision in parking lot of Ferry/Charter Fishing parking lot. Client admits to drinking on fishing trip and police allege he appears with glassy/bloodshot eyes, odor of alcohol and slurred speech. Necessary witness to operation and crash is never identified by Police. DWI Charge dismissed prior to trial.

Police pull over vehicle after it is reported that driver struck barrier pole in parking lot. Driver submits to field sobriety testing and is arrested at scene following police investigation. At least three (3) officers are involved in the stop, investigation and arrest. At third scheduled Motion To Suppress date where defense will challenge validity of stop, police witnesses fail to appear. OUI charge dismissed for lack of prosecution by Order of Court.