Category: DUI Case Results

MA resident stopped by police for speeding. Driver admits to drinking earlier and that he is just trying to get home after spending time at friends house. Driver submits to field sobriety testing and fails each according to police. Driver refuses post arrest breath test. Defense is able to negotiate dismissal of DWI criminal charge with referral of client to Veteran’s Court Program

Police stop driver for speeding. Officer recalls she earlier spoke to driver on sidewalk because he was involved in verbal argument with his girlfriend. Police suspect driver is impaired because he is upset, smells or alcohol and admits to drinking earlier. Defense utilizes booking video at trial to show client’s demeanor, behavior and attitude after arrest. Client also testifies that he was emotionally distraught after break up with girlfriend and not impaired by alcohol. Not Guilty Verdict following trial.

Driver pulls over when he sees blue lights behind him. Police actually targeting car in front of him. When police instruct him to leave he bumps into cruiser with his car. Police approach again, and now note odor of burnt marijuana. Driver admits to just smoking a joint after buying marijuana in city. Police tow driver’s car and make him wait for ride. No arrest made, but client later summonsed to Court to answer complaint charging OUI Drugs. Defense Motion to Dismiss charge granted by Court.

Police stop vehicle for alleged excessive noise while exiting plaza at 2:30 a.m. Police detect odor of alcohol. Police allege driver states to them, “just arrest me, I’ve had too much to drink.” Driver does not participate in field sobriety testing and refuses breath test. Defense challenges credibility of police version of events, when they admit entire conversation with defendant, prior to arrest was not recorded in police report. Not Guilty Verdict following trial.

Police Officer notices pick-up truck stopped in middle of road. As officer proceeds on green light towards truck, it takes off a high rate of speed. Truck is stopped and Officer notes driver’s slurred speech and glassy/bloodshot eyes. There is an odor of alcohol coming from truck and an open beer can in center console. Driver refuses to take field sobriety tests, stating “I won’t pass the tests, I’ve had too much to drink.” DWI charge dismissed prior to trial.

Police investigate domestic disturbance outside concert venue. Woman involved is arrested on outstanding warrant. Police instruct her boyfriend to go back to hotel and not to drive due to his apparent intoxication. 2 hours later the same officer sees the defendant/driver sitting in a running vehicle outside the House Of Correction waiting to bail out his girlfriend. The client is arrested following field sobriety testing. DWI Charge Dismissed prior to trial.

Driver stopped for speeding violation. Officer notes odor of alcohol emanating from vehicle. Driver denies drinking and explains that he is driving home his brother, who was drinking. Police allege driver fails portions of field sobriety tests and exhibits bloodshot/glassy eyes. Defense uses cruiser dash cam footage to counter police version of events. DWI charge dismissed prior to trial.

Police respond to report from off duty officer of Jeep operating without license plate lights and lane control issues. Officer stops Jeep and notes odor of alcohol from driver. He admits having one beer before leaving Massachusetts and tells officer that his two passengers are drinking. Defense prepared to argue Motion to Suppress that Police lacked grounds for Exit Order for Field Sobriety tests. DWI Charge dismissed prior to trial.

Police respond to single car accident where vehicle struck pole. Officer notes driver is unsteady and had odor of alcohol about her, after she is cleared by EMTs. Driver admits to crashing car while distracted and she had one glass of wine before driving to meet her boyfriend at this college. Defense uses medical records to raise issue of head injury. DWI charge dismissed prior to trial.

MA resident stopped in NH and charged with DWI. NH DWI conviction will have 2nd Offense effect in MA due to prior conviction in 1992. Defense proceeds to trial on 2016 NH DWI, but guilty verdict returned after trial. (Counsel cannot win them all). Defense is able to re-open 1992 OUI CWOF disposition and vacate plea and finding due to faulty plea colloquy thereby avoiding two (2) year loss of license in MA and imposition of Ignition Interlock Device (IID) for two (2) years.