Category: DUI Case Results

Police respond to report of drunk customer at service station seeking repiars to vehicle. Police speak to employees/manager but cannot determine whether owner or companion drove truck to garage or whether companion is intoxicated. Police allow truck to leave service station but cannot see who is driving truck. SPOT check of registration/plate discloses registered owner suspended for DWI. Police stop truck without observing erratic operation. Companion/driver arrested for DWI. Defense files Motion to Suppress alleging stop/seizure of truck was made wihout legal basis. DWI charge dismissed prior to trial.

BOLO (be on lookout for) report sent to police from neighboring police department regarding an erratic operator. Reporting party never identified. Police stop vehicle after observing matching plate from BOLO report and marked lanes violation. Driver pulls over and drives up on curb with no available break down lane. Police allege driver nearly hit mailbox while pulling over. Officer notes slurred speech, odor of alchohol and sweaty flushed face with open containers in car. Driver refuses to participate in field sobriety tests noting his diagnosed “vertigo.” Defense presents medical records confirming vertigo diagnosis effecting balance. Photos of stop scene show driver pulled over at first available spot on road and entered sidewalk without striking 6″ curb and manuevered car around mailbox without hitting it. Not guilty verdict following jury trial.

Client runs out of gas returning home from card game with friends. As he waits for his wife to arrive with gas the police approach his disabled vehicle and begin convesation. Driver tells he is all set and just waiting for gas. Officer detects odor of alcohol and driver admits he drank “a few” beers earlier. 2nd Officer arrives and insists that driver complete field sobriety tests. Driver says, “I’m all set, I’m not driving.” Client arrested and charged with OUI following field sobriety tests. Defense uses photos of scene to show that client parked stalled vehicle in safe manner and that field sobriety tests were completed on darkened roadway with incline. Not guilty verdict following trial. Three (3) year Chemical Test Refusal (CTR) suspension, because of prior offense more than 20 years ago, vacated by Court following “not guilty” verdict.

Driver stopped for travelling outside of highway lane into breakdown lane. Police note odor of alchol, slurred speach and glassy/red eyes. Driver admits to drinking two harpoon beers while watching Patriots game at his parents house. Police allege driver failed standardized filed sobriety tests. Post arrest breath test result .10 BrAC. Defense excludes evidence of breath test on day of trial with Motion in Limine and proceeds to challenge validity of field sobriety test evidence at trial. Not Guilty verdict following Jury Trial.

Police cruiser monitoring highway traffic during pre-Roadblock saturation patrol on Friday night outside Boston. Officer clocking vehicle in far left lane from far right lane when client approaches from behind in middle lane at high rate of speed. Client slows immediately but police drop in behind and stop him. Police note an odor of alcohol and red/glassy eyes. Driver admits to drinking wine at dinner after work, but refuses to participate in field sobriety tests after exit order. Police admit under cross examination that driver did not display slurred speech and he was otherwise cooperative and polite with no loss of balance or coordination during exit sequence. Driver also responded appropriately and reacted safely in cruiser’s lights. Not Guilty finding following jury trial.

Police in Massachusetts stop vehicle for rolling through red traffic light. Police officer notes young driver appears tired and nervous. Officer questions driver and passenger about their whereabouts, destination and whether they are carrying marijuana. The odor of burnt marijuana from the vehicle is present throughout the roadside encounter. Police order driver from car, arrest for OUI Drugs follows. Defense successfully argues Motion to Suppress and Court agrees the mere odor of marijuana, no longer evidence of criminal activity in Massachusetts, is not legal grounds to require exit order and field sobriety tests. Arrest deemed illegal, MA OUI Drugs charge dismissed.

Citizen cell phone caller in New Hampshire anonymously reports erratic driver exiting highway. Responding police find matching vehicle in rear parking lot of closed fast food restaurant, but car is no longer running and subject is outside car. Officer notes odor of alcohol, glassy eyes and slurred speech. Field sobriety tests are administered but of questionable value in light of driver’s high heels and congenital orthopedic conditions. NH DWI charge dismissed prior to trial.

Police in New Hampshire allegedly take note of driver crossing double yellow line while viewing car passing in side view mirror. Officer turns to follow car and stops vehicle in residential neighborhood. Young driver displays odor of alcohol and glassy eyes and admits to consuming “four” beers. Administrative hearing process reveals that Officer did not comply with correct protocol for all of the field sobriety tests. Booking video also utilized to show driver’s lack of slurred speech and apparent sobriety. DWI in NH charge dismissed prior to trial.

MA resident appears in NH Court without counsel and enters guilty plea to NH DWI 1st Offense which alleges driving under the influence of prescribed drugs. Both the Court and the prosecutor are unaware of the defendant’s prior record of two (2) prior OUI offenses in MA, each over 15 years ago. Defendant doesn’t understand the impact of priors in MA. NH Court sentences driver to ninety (90) day loss of license but MA RMV later imposes eight (8) year loss of license under lifetime lookback provisions of Melanie’s Law as third offender. Counsel successfully argues Motion to Vacate NH Plea and Conviction and then negotiates dismissal of DWI charge. Eight (8) year loss of license in MA eliminated.

Police in MA stop driver for encroaching upon fog line numerous times on highway. Driver admits to smoking pot with passenger just prior to driving home from Boston but shows no other signs of impairment. Based on odor of burnt marijuana and admission to smoking, police order driver from truck to further investigate. After speaking with passenger, police put driver through field sobriety tests and later charge him with OUI Drugs. Defense successfully argues Motion to Suppress and recent Massachusetts case law which recognizes that the mere presence of an odor of Marijuana does not create reasonable articulable suspicion of a crime. Exit order and seizure ruled illegal. Massachusetts OUI Drugs charge dismissed.