Category: DUI Case Results

Off duty police officer calls in erratic operator who is having terrible difficulty maintaining lane control on highway and upon exit to local roads during in mid-day traffic. Reporting party follows driver to store parking lot where he abruptly stops and appears to recline in driver’s seat and fall asleep. Responding local Police Officers wake driver and demand he exit to perform field sobriety tests. Driver refuses all testing and refuses to answer questions or allow search of his vehicle. Defense is prepared to argue fatigue was cause of erratic driving and client’s non-compliance with police demands for information is constitutional exercise of his rights, not evidence of “consciousness of guilt.” DWI charge dismissed prior to trial.

Police respond to parking lot to investigate a reported fight between a female and her boyfriend. It is early morning hours, and the police tell both parties to return to their hotel room. Hours later the same parties are reportedly fighting in parking lot again, and have driven into the Police Department Parking Lot. The same police officer stops the client as she drives out of the police parking lot. After a brief investigation the driver is arrested and charged with DWI. The defense is prepared to argue a Motion to Suppress, alleging the police lacked reasonable grounds to stop and detain the driver, based on an anonymous report of another fight, between the driver and her boyfriend. DWI charge dismissed prior to trial.

Massachusetts driver is arrested for DWI in New Hampshire in 1995 but fails to ever appear in Court on the charge. Massachusetts Registry of Motor Vehicles will not reinstate driver’s license in MA until he clears NH DWI matter. Counsel appears with client to clear default and remove warrant in NH Court. Despite age of case, Police witnesses are still available and prosecution is determined to go forward. Defense negotiates outright dismissal of DWI charge. Enhanced Lifetime lookback consequences of Melanie’s Law avoided, due to client’s prior record of OUI matters.

Police respond to report of injured party falling out of golf cart at a home on a private way in NH. Driver admits to consuming alcohol and is arrested following filed sobriety tests. Issues of public way and operation of a motor vehicle are contested but New Hampshire law is decidedly against the defense based on recent NH Supreme Court decision. Defense negotiates dismissal of DWI charge prior to trial.

Police respond to report of accident where one car backed up into the reporting person’s car outside of a busy downtown nightclub. The reporting witness claims that the client switched seats with the passenger after the collision but before the police arrived. The scene is chaotic with reported fights in the street outside of the club. The defense challenges the witness’ ability to identify the client as the actual driver which he cannot do during a non-suggestive identification process on the day of trial. OUI charge dismissed for lack of prosecution. Enhanced Lifetime Lookback Consequences under Melanie’s Law avoided.

Massachusetts driver stopped by New Hampshire police and charged with DWI. Standard allegations of odor of alcohol, slurred speech and unsteadiness and difficulty with field sobriety tests. Defense insists upon trial date before District Court on NH DWI charge. State is unable to go forward at trial date due to unavailable witness. Defense negotiates dismissal of DWI charge which avoids Enhanced Lifetime lookback consequences under Melanie’s Law for Massachusetts resident because of prior continuance without a finding (C.W.O.F.) disposition on an earlier MA OUI Charge.

Massachusetts driver involved in single car accident in NH. Following transport to hospital for minor injuries driver consents to police request for blood test. Defense conducts Administrative License Suspension (ALS) hearing at NH DMV to challenge six (6) month loss of driving privileges. State’s witness is not able to establish validly conducted blood test without necessary witness from State Laboratory. NH ALS suspension vacated and reciprocal suspension of Massachusetts Driver’s license avoided.

Driver stopped by police for failure to display proper registration and plates, but no erratic operation. Officer notes odor of alcohol, glassy eyes and slurred speech and that driver appears highly nervous and/or agitated. Driver denies drinking and he collapses twice once outside of car. Police allege he passed out, while defense contends he fainted or was ill. Not guilty verdict following trial.

Driver stopped when he passes too closely to cruiser on side of road and then allegedly drives over double yellow line nearly striking another oncoming cruiser. Defense succeeds in suppressing some post arrest statements and the .24 breath test evidence. Police allege driver is unsteady, confused and slurring his words roadside. Defense uses booking video to refute these allegations. Not Guilty verdict following trial. Enhanced Lifetime lookback consequences under Melanie’s Law avoided.

Police stop motorcycle for defective taillight. Police note an odor of alcohol coming from driver as he answers questions. When asked if he’d been drinking Driver responds, “yes, a couple gin & tonics, a few beers.” No other indicators of impairment are present during initial conversation. Driver is arrested following standard field sobriety tests. Defense ready to present evidence of driver’s medical history, including orthopedic surgeries. DWI charge dismissed prior to trial.