Category: DUI Case Results

Police allege driver was clocked for one (1) mile at 110 MPH on highway, making unsafe lane changes on wet roadway. Police note odor of alcohol, glassy/bloodshot eyes, slurred speech and a denial of drinking. Search of car after arrest discloses empty six pack of bottles in backseat area. Driver refuses all field sobriety tests and refuses post arrest breath test. Refusal evidence inadmissible in Massachusetts. Driver testified that he never travelled at speed alleged and that bottles were leftover from recent trip to redeem all his empties at local package store after cleaning house. He confirms that he did drink two beers before the arrest and never denied drinking. Receipt for 20 bottles from redemption machine time stamped 30 minutes before arrest offered as exhibit by defense. Not guilty verdict following trial.

Police respond to scene of single car crash. Under 21 driver denies drinking and tests .00 on preliminary breath test. Police note an odor of burnt marijuana about the driver and his car. Driver refuses to take any field sobriety tests and refuses requested blood test. State intends to go forward with testimony from arresting officer. Defense contends the arresting Police Officer is not qualified to state any opinion at trial regarding the impairing effects of marijuana. DWI Drugs charge dismissed before trial.

Driver stopped following a citizen cell phone report of erratic operation. When driver is stopped police note several canisters of nitrous oxide which she states are left over from baking party with friends. Police note agitated, unusual behavior, but note of the classic signs of alcohol impairment. Driver’s medical record is replete with disabling conditions and prescribed medication use. Defense contends post arrest blood test reveals only therapeutic levels of prescribed medications. State Toxicologist intends to counter that combined effects of prescribed medications with use of nitrous oxide caused impaired/intoxicated driving. DWI Drugs charge dismissed before trial.

Driver stopped following minor fender bender. Admits to drinking just prior to crash. Field sobriety tests may have been invalid for this driver as he has several medical conditions and disabilities. Defense prepares Motion to Exclude Breath Test evidence. Prosecutor cannot go forward with case at the Motion or Trial because they are forced to admit that necessary police witness is no longer available as a Commonwealth witness. OUI charge Dismissed for Lack of Prosecution. 2nd Lifetime finding under Melanie’s Law avoided which includes mandatory jail and/or inpatient sentence, two (2) year loss of license and ignition interlock.

Police stop to investigate driver stopped on side of road. Driver is obviously asleep in breakdown lane with engine running. Driver tells police he is lost and stopped to utilize GPS and confirm his hotel reservations. He does admit to drinking some wine earlier. Following field sobriety tests the driver is arrested and submits to breath test with a .09 result. Defense contends field sobriety tests are inconclusive, as shown on cruiser video, and breath test is not proof of illegal level at time of driving without further evidence about exact time of consumption. DWI Charge Dismissed before trial.

MA driver stopped in NH for entering flow of traffic without yielding to oncoming traffic. Police wait a significant period of time before they stop driver for this offense as he approaches the Massachusetts border. Cruiser video shows a cooperative older driver who struggles has a cane with him to walk. He struggles with field sobriety tests. Post arrest breath test is .10. Defense prepares to argue Motion to Suppress, that police lacked reasonable grounds to stop the car, and probable cause to arrest. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

Driver stopped by police following citizen cell phone report of erratic operation. Driver admits to returning home from Red Sox playoff game where he consumed beers throughout the evening. Police allege driver appears lethargic and speaks with a noticeably slur. Arrests follows standard field sobriety tests. Defense ready to present medical records of facial nerve damage that causes droopy lip and speech issues. At second trial date Prosecutor cannot go forward without necessary police witness. OUI charge dismissed for lack of prosecution.

MA Driver stopped by NH police for speeding violation but no other erratic operation. Driver admits to consuming two (2) craft beers with his friends. Police make arrest following standard field sobriety tests and driver’s breath test result is a .09. Defense conducts extensive discovery on breath test device and officer training. Issue with test is the subjects documented Gastro Esophogeal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

Driver stopped by police as he exits highway through long off ramp. Driver admits that he drank at a club earlier but claims he is not impaired. Field sobriety tests and preliminary/portable (PBT) breath test result in arrest despite driver telling police he had a prior leg injury that would affect his performance on the tests. PBT evidence not admitted in Massachusetts because of lack of scientific reliability. Defense admits driver’s certified medical records to document short leg syndrome and limp. Passenger testifies as to the driver’s sobriety and how the police conducted their “investigation” roadside. Not guilty verdict following trial.

Under 21 subject is found standing next to a crashed vehicle hung up on utility pole support wire and rock wall. First officer questions person about crash which subject cannot explain and then orders him to return to the car’s driver’s seat until back up arrives. 2nd officer arrives and conducts more thorough interrogation where subject makes admission to driving, but refuses all field tests and denies drinking. Defense wins pre-trial Motion to Suppress Statements to exclude all statements to 2nd Officer for Miranda violations. At trial evidence limited and defense offers recorded message of subject left for parents from Police Station to refute claim that his speech was slurred during booking. Not guilty verdict following trial.