Category: DUI Case Results

Police respond to report of two (2) car collision in beach parking lot.  MA Driver standing outside vehicle admits that he was driving and each driver “hit” the other backing up at same time.  Police note odor of alcohol, glassy/red eyes and slurred speech.  Driver struggles with field sobriety tests.  Defense prepared to argue lack of evidence of operation without witness corroboration and driver’s learning disability hindered his comprehension of field sobriety test instructions.  DWI charge dismissed before trial.

MA Driver stopped by police for alleged wide right turn.  Driver admits to drinking at family party hours earlier.  Field sobriety testing completed and driver arrested.  Defense gathers medical records to show driver has several conditions, along with age, that affect her balance.  DWI charge dismissed before trial.  Administrative License Suspension also vacated by agreement due to new medical evidence.

Driver stopped by police for alleged failure to signal lane change. Driver admits to having one (1) drink after work as bartender, but otherwise refuses to answer any questions or participate in field sobriety testing.  Driver appears with normal speech and appearance in booking video. DWI charge dismissed prior to trial. Administrative license suspension (ALS) also vacated after DMV hearing for lack of evidence of impairment.

MA Driver stopped by police after stopping in road, backing up, and pulling into apartment complex parking lot.  Police note odor of alcohol, slurred speech and admission to drinking.  Driver is arrested following field sobriety tests.  Defense prepared to argue Motion to Suppress arguing stop was not based on actual moving violation and also Motion to Exclude Breath Test Evidence because police misstated the law as to actual correct administrative penalties of test over legal limit.  DWI charge dismissed prior to trial.

MA Driver stopped by police for speeding and marked lanes violation.  Stop occurs as driver pulls into convenience store parking lot.  Driver has no difficulty with handing over documents.  Police note odor of alcohol and driver’s glassy eyes.  Post arrest breath test is complicated by failure of machine at arresting departments station.  Driver must be transported to another department for testing with result of .10 BrAC.  Defense prepared to argue arresting officer lack grounds for exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.

Police respond to report of suspicious vehicle parked in secluded area of residential neighborhood. Police find driver sleeping in car with engine running. Once awoken they note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver initially refuses to exit car for field sobriety tests, and then does so reluctantly. Tests conducted in presence of three (3) police officers. Driver claims she pulled over to gather herself after bad day at work, before going home a short distance up road. Police find bottle of alcohol in front seat area of vehicle. Defense argues there is no evidence of what the driver drank or when she last drank alcohol and evidence of impairment is offset by obvious evidence emotional distress and upset. Not guilty verdict following trial.

Driver stopped for speeding infraction.  Police note odor of alcohol and driver admits to drinking “one beer, one hour ago.”  Although driver drops driver’s license while removing it from wallet there are no other indicators of impairment during initial police contact.  Driver is arrested following field sobriety tests.  Defense gathers medical records to document prior back issue which would affect field sobriety testing.  Defense also files Motion to Suppress to argue police lacked grounds of exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.  Consequences of subsequent DWI offense within ten (10) years avoided.

MA Driver stopped by police for proceeding wrong way on one way street coming off rotary.  Driver admits to drinking “two ciders.”  Police note odor of alcohol coming from vehicle with cooler inside containing unopened beers.  Driver scores 3 out of 6 clues on Horizontal Gaze Nystagmus test, fails walk and turn test, but passes one-legged stand test.  Preliminary/Portable breath test results .08.  Administrative License Suspension (ALS) vacated for lack of evidence of impairment and DWI charge dismissed prior to trial.

MA Driver stopped by police following citizen cell phone report of erratic operation.  Police confirm minor lane control issues before stop on busy highway.  Driver admits to drinking wine at party, but claims she is designated driver.  Police allege driver failed standard field sobriety tests.  Defense prepared to argue location of testing in breakdown lane was excessively loud, cold and close to traffic, and any difficulty with testing was due to nervousness, fear and embarrassment of situation. DWI charge dismissed prior to trial.

MA Driver stopped by police because the plate attached to his girlfriend’s car did not match registration information on file with NH DMV.  Once stopped it is determined that clerical error at DMV led to incorrect registration information.  Officer notes “overwhelming” odor of alcohol coming from driver, who admits to drinking earlier in Boston.  Driver will not consent to field sobriety testing, claiming he is fine to drive and the tests are unnecessary.  Only when ordered from car does officer note glassy and red eyes.  No other indicators of impairment present. Driver is arrested after continuing to refuse field sobriety tests, and he does not consent to blood/breath test post arrest.  DWI charge dismissed prior to trial and Administrative License Suspension also vacated at DMV for lack of evidence of impairment.