Category: DUI Case Results

Police stop driver for lane control issues.  Police believe driver is impaired by narcotics and/or prescribed medications, but it is obvious that he suffers from serious leg injury and walks with limp.  Due to fact that child is in car, defendant is arrested and charged with Aggravated DWI following field sobriety tests.  Defense prepared to argue injury make driver incapable of performing most field sobriety tests and the tests are not designed to determine impairment by any particular class of narcotics or prescribed drugs.  DWI charge and Aggravated DWI charge dismissed prior to trial.

MA Driver stopped by police at 9:50 a.m. for speeding. Officer notes odor of alcohol from driver and that his speech is thick tongued and slightly slurred. Driver denies drinking that day but admits he was up past midnight the night before drinking with neighbors. Officer places driver under arrest following field sobriety tests in breakdown lane. Truck handed over to driver’s wife, deemed sober, who was accompanying him to lake’s region for day of boating. Driver refuses breath test. Wife testifies at trial as to husband’s sobriety. Cruiser mounted audio/video offered by defense as exhibit at trial. Not guilty finding following trial. Lifetime Lookback consequences of Melanie’s Law avoided.

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.