Category: DUI Case Results

Police respond to a call of a person sleeping in their car for a few hours in a parking lot. The officer begin to question the individual, who claimed that she was very tired from driving so she had stopped to eat and rest. The officer asked the driver if she’d be willing to perform field sobriety tests, to which she agreed. Police arrest individual for driving while intoxicated by drugs. Defense utilizes extensive medical record and prescription history to establish that chemical testing of blood only established use of licit and prescribed medications within therapeutic ranges. DWI charge dismissed prior to trial.

Police begin following a vehicle after driver fails to use directional on a turn. While following the vehicle the driver fails to use turn signal two more times and also neglects to stop at a stop sign. Police pull the car over and after initially questioning the driver the officer suspects him of being intoxicated. The officer conducts field sobriety tests and then proceeds to arrest the driver. Post arrest breath test .15 BrAC. Defense prepared to argue motion to exclude breath test based on violation of twenty minute observation period depicted in booking video. DWI charge dismissed prior to trial.

Police respond to a call of erratic driving. The officer follows the suspected vehicle observing several motor vehicle infractions including neglecting red traffic signals and crossing yellow lines multiple times. Officer conducts a motor vehicle stop. Officer notes a faint smell of burnt marijuana, asks driver to submit to sobriety testing to which the driver agrees. Officer asks driver to remove hands from pockets on multiple occasions, leading the officer to pat search the individual. Officer discovers bag of material resembling marijuana, driver admits to having smoked marijuana prior to operating his vehicle. Officer conducts sobriety tests, arrest follows. Defense limits officer testimony regarding standardized field sobriety testing, as they were not designed or promulgated to detect impairment by marijuana. Defense further limits officer’s ability to render an opinion as to impairment by marijuana. Not guilty verdict following trial.

Police at an OUI roadblock instruct a driver to pull into a nearby parking lot for further questioning after noting the smell of alcohol and that the driver’s eyes appearing glassy. Police ask if the driver will perform field sobriety tests for them, the driver agrees and struggles to get out of the car. At the conclusion of the tests the officers arrest the driver. Post arrest breath test .14 BrAC. OUI charge dismissed for lack of prosecution when government is unable to go forward with necessary witnesses.

Police conduct a motor vehicle stop after observing driver on the wrong side of the road. Upon making contact with the driver police note the smell of alcohol and physical appearance/conduct consistent with an intoxicated person. Officer conducts field sobriety tests, arrest follows. Defense prepared to argue motion to suppress based on stop of vehicle and destruction and/or loss of booking video by police. DWI charge dismissed.

Officer conducting stationary laser radar enforcement pulls a vehicle over for speeding. While speaking to driver officer notes the individual’s glassy, bloodshot eyes and that an odor of alcohol was coming from the vehicle. After conducting field sobriety tests, including a breath test that read .117, officer arrests the driver. Defense motion to suppress granted court ruling that mere presence of odor of alcohol from the vehicle and the defendant’s bloodshot/glassy eyes were not sufficient grounds to further detain the driver during a speeding stop.

Police respond to a call of an individual in violation of a bail protection order. Police arrive on scene at the address finding a vehicle parked there. Officers make contact with the residence owner and form the opinion that she was intoxicated. They then proceed on foot in search of the individual in violation of his bail order. Another officer later notices vehicle that was parked at the residence driving and pulls the vehicle over. Officer identifies driver as the owner of the residence involved in the bail order, also notes the driver’s slurred speech and glassy eyes. Officer conducts field sobriety tests, place driver under arrest. Defense utilizes cruiser mounted video of stop and field sobriety testing as well as driver’s medical records related to a recent ankle surgery to cross examine arresting officer. Not guilty verdict on DWI charge after trial.

Police respond to a report of boating accident involving two boats and severe injuries. Officers arrive on scene, emergency response personnel treat the injuries of the wounded. The officers begin questioning the individual allegedly driving the boat. The officers note the strong smell of alcohol on the individual and that the individual’s eyes were bloodshot and glassy. After conducting field sobriety tests, the officer arrests the individual. At trial government is unable to prove the identity of the operator of the subject vessel based on limited testimony and lack of witnesses. Not guilty verdict on boating while intoxicated charge results from trial.

NH Police stop driver for alleged marked lanes violations leading to DWI arrest. Massachusetts resident driver faces enhanced penalties under reciprocity based on prior DUI record and Melanie’s Law. Defense utilizes police cruiser mounted video to contest whether driver actually drove “across” highway markings as required by NH statute, further arguing that driving onto marked line, even three (3) times, does not give rise to legal reasonable articulable suspicion to stop vehicle. Defense Motion to Suppress granted. DWI charge dismissed.

Driver stopped at Massachusetts State Police Roadblock outside Boston. Greeting Trooper detects odor of alcohol and driver admits that he consumed two beers in Cambridge. Ordered to “pit” area for Field Sobrity testing. Defense challenges Probable Cause to arrest because client passed one-leg stand test and walk and turn test without displaying typical signs of impairment like slurred speechc and glassy/red eyes. Court agrees evidence of Portable Breath Test and Horizontal Gaze Nystagmus are inadmissible. Post arrest Breath Test result .10 BrAC. Motion to Suppress allowed, no probable cause to arrest found, OUI Charge dismissed.