Category: DUI Case Results

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.

MA Driver stopped for speeding on motorcycle.  Police allege driver passed stationary cruiser at 82 MPH.  Once operator is stopped Officer notes and odor of alcohol and red/glassy eyes.  The driver initially denies drinking but later admits to having a drink with friends hours earlier.  Driver passes Horizontal Gaze Nystagmus test, but has some difficulty with Walk & Turn and One Leg Stand test.  Booking video show client steady and cooperative throughout booking process.  DWI charge dismissed prior to trial.

MA Driver stopped by police for failing to yield to police cruiser while entering rotary.  Officer notes odor of alcohol, slow slurred speech and red/glassy eyes.  Driver admits to consuming “two drinks.”  Driver participates in some field sobriety tests but refuses to complete others.  Driver is emotionally distraught by end or roadside encounter.  DWI charge dismissed prior to trial.  Lifetime Lookback impact of Melanie’s Law avoided.

MA Driver stopped by police for Negligent Operation and Disobeying A Police Officer after he failed to pull over earlier for police attempting to effect a Speeding stop.  Second Oficer overheard “BOLO” report, or be on the lookout for this bike.  After arrest Officers’ note glassy/red eyes and odor of alcohol coming from driver at booking.  He submits to field sobriety tests at station, passing portions of each test.  Police allege he fails to properly blow into breath test device and deem him a refusal.  DWI charge dismissed prior to trial and ALS suspension vacated by agreement.

MA driver facing consequences of Second Offense Under Melanie’s Law Lifetime Lookback provisions for 2016 OUI 2nd Offense. Defense files Motion to Vacate 1992 OUI plea. Motion granted and prior OUI disposition is vacated for unconstitutional plea procedure. Charge then dismissed for lack of prosecution. 2016 Offense reduced to 1st Offense.

MA Driver stopped by police for failing to negotiate off ramp properly while driving too slowly.  Driver admits to talking on cell phone.  Officer notes odor of alcohol and red/glassy eyes.  Driver admits to drinking one (1) wine after work where she just left.  Driver arrested after field sobriety testing. Post arrest breath test .08 BrAC.  Defense uses booking video to demonstrate apparent sobriety and argue driver could have been under legal limit at time of driving.  DWI charge dismissed prior to trial.

Police respond to area of citizen cell phone report of erratic operator by given vehicle description and plate number.  Police follow vehicle onto highway where they make observations of lane control issues.  After stop driver refuses to participate in field sobriety tests. Police notice odor of alcohol, slurred speech and unsteadiness upon exit. Driver refuses breath test at station.  DWI charge dismissed prior to trial.

Driver stopped for speeding on highway.  Police note odor of alcohol and driver’s red/glassy eyes.  He admits to “a few” beers.  Initially driver refuses to take field sobriety tests or preliminary/portable breath test.  Second Officer arrives and driver allegedly changes his mind to take tests.   Defense prepared to argue that field sobriety tests were coerced and non-consensual. DWI charge dismissed prior to trial.

Police respond to investigate report of driver slumped over wheel.  Police find driver at long line of traffic stopped at traffic light.  Driver’s side door is open and driver appears to be conscious with her head down.  Police note slurred speech and an odor of alcohol.  Driver admits she had two glasses of wine and is heading home.  She denies medical attention and also refuses field sobriety testing.  A short time later the driver appears relatively normal in segments of booking video.  DWI charge dismissed prior to trial.