Category: DUI Case Results

MA Driver stopped for lane control issues in early morning hours.  Driver denies having drank anything in several hours and simply wishes to return home to his wife in Massachusetts after dropping off his sister.  Arresting officer describes defendant’s performance on standard field sobriety tests, but does not draw a correlation between the driver’s performance on the tests, and impairment by alcohol, according to his training.  Despite poor performance, driver found not guilty on DWI charge following trial.

MA Driver stopped for failing to signal lane change and stop sign violation.  Police Officer notes slurred speech, and odor of alcohol and the driver’s red/glassy eyes.  After handing over license and registration the driver refuses to submit to field sobriety tests and is arrested.  Booking video show young woman upset and crying but not unsteady or staggered.  DWI charge dismissed prior to trial.

Driver stopped by police for failure to signal turn.  Officer notes odor of alcohol and glassy/bloodshot eyes.  Driver admits to having one beer with dinner after spending entire day in backhoe machine plowing snow.  Officer believes driver may have vomited on jacket.  Driver refuses breath test following arrest.  DWI charge dismissed prior to trial.

Police respond to scene of single care rollover accident.  MA driver is found standing alone outside of car sometime after crash.  Driver is transported to hospital for medical treatment where he is met by investigating Officer.  Blood draw reveals .12 Blood Alcohol level.  Missing witness at trial leads to dismissal of DWI charge.

MA driver stopped by police for speeding near ski resort.  Officer notes odor of alcohol emanating from interior of vehicle.  Driver admits all four occupants drank beer following a day of skiing but Officer does not notice any other signs of impairment from driver.  Driver exits for field sobriety tests and later tests .10 BrAC following arrest.  Defense files Motion to Suppress to argue Officer lacked reasonable grounds for exit order and continued detention for field sobriety testing.  DWI charge dismissed prior to trial.

Police notice driver with phone close to his face and text bubbles on phone visible to Officer as he drives alongside.  Driver stopped for texting while driving.  Officer notices odor of alcohol coming from driver and that he appears pale and sweaty.  Pieces of marijuana are strewn about driver’s clothing.  Driver exits car for field sobriety tests but tells officer he is going to be sick.  After dry heaving over guardrail he is placed in custody.  Driver then vomits in police cruiser.  Police allege driver is drunk and sick from over intoxication. Defense excludes as evidence reference to marijuana as possession is not a crime and there is no allegation the driver ingested or smoke marijuana.   Defense focuses on lack of medical intervention for, or inquiry abou,t general well-being and health of driver by police.  Not guilty verdict following trial.  Lifetime Lookback impact of Melanie’s Law avoided.

Police respond to report of two car collision in restaurant parking lot. Driver of suspect car has left scene before police arrive. Witnesses allege the driver was picked up by another car and had been seen at bar drinking before minor collision in lot. Driver contacts police next day, although she cannot be found at home night of accident. Criminal application for OUI charge dismissed for lack of probable cause of intoxication. Lifetime Lookback impact of Melanies’s Law avoided.

Citizen cell phone caller reports seeing a man walking off beach through sand with wet clothing in a staggered manner with fishing gear. Caller reports that driver appears intoxicated, but does not have any personal contact with the driver before he leaves beach parking lot. Police stop vehicle and make arrest based on cell phone report. Defense files Motion to Suppress arguing stop of vehicle by police based on vague and generalized cell phone complaint is illegal. Court grants Motion. OUI complaint dismissed. Lifetime Lookback impact of Melanie’s Law avoided.

MA resident stopped by NH Police and charged with DWI. Post arrest breath test result .10 BrAC. Defense conducts ALS hearing at NH DMV and defeats six (6) month Administrative License Suspension (ALS) because state does not properly document breath test results and machine calibration. DWI charge is later dismissed for lack of prosecution because arresting officer is not available as necessary witness. All reciprocal suspension time in Massachusetts is avoided.

Police respond to report of crashed vehicle engulfed in flames. Driver is found nearby, unhurt, but apparently highly intoxicated. Driver refuses medical treatment and is subsequently arrested and transported to police station for booking. Police allege driver is in and out of consciousness during booking, but she agrees to take a breath test. During breath test sequence the driver vomits into breath test tube. The police deem her a “refusal” and impose a 180 day Chemical Test Refusal Suspension through the Registry of Motor Vehicles. The RMV Hearings Division upholds the suspension. Counsel successfully appeals the decision to the local District Court which reverses and vacates the 180 Chemical Test Refusal Suspension.