Category: DUI Case Results

Driver stopped on highway for speeding violation. Following roadside investigation, driver is arrested and charged with DWI. Due to no fault of his own, driver is not notified of correct arraignment date. Driver contacts Court and provides his correct contact information and address. State fails to bring complaint within prescribed period of time. Defense Motion to Dismiss for Violation of Speedy Trial Rights granted.

Police investigate reported hit and run where a vehicle struck several parked cars and mailboxes in residential neighborhood. Some time later an Officer sees a truck with obvious damage parked in driveway in same neighborhood. Woman outside house tells police that the truck belongs to her husband and he has just arrived home. Police find husband passed out under table in house. He is aroused and becomes belligerent and combative and is ultimately arrested. Prosecution cannot prove operation, with no admissions from husband and wife’s legal exercise of her marital privilege to not testify. Not Guilty Verdict following trial.

Police note vehicle stopped at side street entrance to main thoroughfare. When Officer circles neighborhood and comes up behind same vehicle in this position couple minutes later he finds driver asleep behind wheel. Young driver admits to falling asleep when he stopped to check phone for directions coming from family holiday party. Driver admits to drinking several beers, but not for many hours. Police note glassy eyes, odor of alcohol and poor performance on field sobriety tests. Defense utilizes booking audio/video tape to show driver’s sober appearance minutes after the arrest. Not guilty verdict following trial.

Driver stopped around midnight for driving without headlights but no other erratic operation.  Officer notes odor of alcohol and driver admits to drinking earlier, but not for several hours.  Field sobriety tests are conducted and arrest follows.  Driver refuses to take breath test.  Booking audio/video is helpful to display driver’s demeanor, behavior, speech and comprehension.  DWI charge dismissed prior to trial.

MA Driver stopped driving to her parents’ house based on cell phone report of erratic driving.  Police follow car and note lane control issues before stopping car.  Driver admits to drinking but claims solo cup in center console with liquid and ice was left there by her daughter earlier in the evening.  Driver refuses to participate in Field Sobriety Tests and Police make arrest.  Booking video is not preserved and produced despite timely request from defense counsel.  DWI charge dismissed prior to trial.

MA Driver found sitting in parked car outside NH restaurant.  Police responding to cell phone report that driver was wrong way on road and driving over a dividing median before entering lot. Driver admits that he is lost and searching on GPS when he entered road on wrong side of median.  Officer notes odor of alcohol and driver admits to drinking with friend before stop.  Police make arrest following filed sobriety tests, including standard balance and walking tests.  Officer admits at Administrative DMV Hearing that driver disclosed a fractured ankle during testing and had to return to car to put on removable cast during field tests.  DWI charge dismissed prior to trial.  Massachusetts life time lookback impact of Melanie’s Law avoided.

Police allege driver passes his stopped cruiser at a high rate of speed. Officer leaves stop and follows driver for more than a mile with emergency lights activated. Officer finally catches up with driver in parking lot of motel. Driver is immediately handcuffed when he refuses to stay in car or participate in field sobriety tests. Officer notes odor of alcohol, slurred speech and general unsteadiness outside car. Defense uses video of route to shown officer never closed the distance with driver and driver could have missed cruiser’s lights behind him due to layout of roadway route. Not Guilty Verdict Following Trial. Lifetime Lookback effect of Melanie’s Law avoided.

Driver stopped on highway for expired registration and failing to signal lane change. Officer notes glassy eyes and an odor of alcohol emanating from driver’s breath. Driver admits to drinking a few beers and is arrested following field sobriety tests. He refuses post arrest breath test because he doesn’t “trust the machine.”  Officer admits on cross exam that driver disclosed his prior leg disability and walked with a cane which was in the truck at time of stop. Open container found during inventory search excluded as evidence at trial because of missing witness that conducted search prior to tow. Not Guilty verdict on DWI Charge following trial.

Driver stopped for excessive speed through left turn when he guns engine and causes rear end of truck to fishtail. Driver participates in field sobriety testing after admitting to drinking, but strongly disagrees with Officer’s decision to arrest him. Driver uses foul language and displays emotional swings during custody and booking. At trial defense focuses on field sobriety tests and driver’s excessive weight and the adverse effect it would have on testing. Also, argues 3-4 beers would not be impairing to such a large man. Driver testifies as well and claims his behavior post arrest was due to anger and loss of emotional control due to ADHD. Not Guilty verdict on DWI Charge following trial.

Driver stopped for marked lanes violation and DWI investigation ensues. Post arrest breath test results of .16 BrAC trigger six (6) month Administrative License Suspension through NH DMV. ALS suspension vacated following ALS hearing when police do not meet burden to prove valid breath test results.