Category: DUI Case Results

Police begin following vehicle in early morning hours as it drives through parking lots of various closed businesses and restaurants on busy commercial street. Police feel that driving activity is “suspicious” in light of early morning hours. Just as vehicle re-enters flow of traffic on main thoroughfare police activate blue lights and stop car. Driver displays odor of alcohol, slurred speech and glassy, bloodshot eyes admitting that she was drinking earlier and was only out looking for an open fast food restaurant. DWI in NH arrest follows failed field sobriety tests. Defense prepared to argue Motion to Suppress that traffic stop illegal and not supported by reasonable articulable suspicion of criminal activity. NH DWI charge dismissed prior to trial.

Citizen cell phone caller reports erratic operation of vehicle in downtown area. 2nd caller gives identical description of vehicle which has just left scene of minor traffic accident moments later. Police trace plate to registered owner’s address. Client is found in house preparing dinner and drinking wine. She denies being driver of vehicle at time of accident and refuses to identify her “girlfriend” who she claims was actually driving. Defense focuses on inconsistencies in two civilian descriptions of driver’s physical appearance and the clothing she was wearing. Arresting Officer admits at administrative hearing that client does not match description given by witnesses. New Hampshire DWI Charge and Conduct After Accident charge dismissed.

Police stop driver for alleged speeding violation. Driver admits to consuming “two drinks” and agrees to participate in filed sobriety tests. Defendant’s use of prescribed medications for ADHD condition may affect both the horizontal gaze nystagmus test and his ability to successfully complete new tasks such as the Walk and Turn and One Leg Stand test. Defense also focuses on defendant’s ability to assist in the removal of his car’s front bumper for tow operater, while handcuffed, as evidence of his apparent sobriety. Not guilty verdict following NH DWI trial.

Police find driver sleeping/passed out in his car behind a closed business in the early morning hours. Driver admits to being “too fucked up to drive.” Search of car discloses evidence of recent marijuana use. Despite government claim that client was driving under the influence of drugs, no percipient witness exists to support claim of impairment by marijuana, which is beyond the understanding of lay persons, and requires expert testimony from the prosecution. Other admissions and statements of defendant are excluded by Defense Motion to Suppress. Standard field sobriety tests were mostly passed and are applicable only as to alcohol impairment. Massachusetts OUI Drugs Charge Dismissed for lack of prosecution.

Driver stopped for one-way street violation in New Hampshire. Although client admits to drinking several beers over many hours he performs reasonably well on field sobriety tests. Post arrest booking video depicts the driver as cooperative, polite and alert, without overt evidence of impairment. Due to conflicting records of a mandatory 20 minute observation period before the reported .14 breath test, the evidence is excludable. NH DWI Charge Dismissed.

Alleged Drunk Driver is pulled over by police while negotiating highway construction traffic. Client claims he is forced into breakdown lane by trailer truck failing to yield at lane restriction. Police stop driver for use of breakdown lane and note slurred speech, red/glassy eyes and an odor of alcohol. Driver admits to drinking a few beers after work with colleagues. Despite recent knee injury, police require standard walking and balancing field sobriety tests. Post arrest breath test .10 BrAC. Defense challenges validity and accuracy of breath test device including maintenance and calibration records. Medical records disclose client underwent knee surgery in the days following the arrest for the knee injury. Not guilty verdict following Massachusetts OUI trial.

Police in Massachusetts begin to follow alleged drunk driver because he appears to be speeding on highway. After observing client in traffic police stop him and begin standard OUI investigation to include field sobriety tests. Defense challenges validity of field sobriety tests and officer’s opinion regarding the defendant’s intoxication. Defense asserts police followed driver for nearly 5 miles before deciding to stop him. Driver admits to coming from a local restaurant where he had two drinks with a friend and shared appetizers. Defense calls bartender who served defendant as a witness. Experienced bartender testifies that he is familiar with the client and remembers being surprised to learn he was arrested for OUI given his apparent sobriety and reasonable consumption of alcohol. Not Guilty Verdict following trial.

Alleged Massachusetts Drunk Driver crashes his car into construction sign on highway. Several police respond to scene. Driver appears confused as to time and location. Certain police witnesses note an odor of alcohol and signs of impairment, including odor of alcohol, slurred speech and balance issues, while other police witnesses testify that the driver is “not right”, and possibly ill. Client has no memory of crash or interaction with police and he has a history of migraine syndrome with aura, which often times leads to blackout, slurred speech, loss of vision and physical coordination. Defense presents medical records to substantiate history of migraine syndrome and civilian witnesses who were with client prior to his arrest. Not guilty verdict following MA OUI trial.

Alleged Drunk Driver in Massachusetts involved in head-on collision with oncoming vehicle in snowstorm. Responding police, fire and EMTs take note of the driver’s belligerent behavior and overwhelming odor of alcohol. Although police follow defendant to hospital emergency room they do not request a blood sample. At trial date on OUI Serious Bodily Injury charge the government fails to timely produce any witnesses, to include hospital, police or civilian witness. MA court allows defense request to dismiss charges.

Client stopped by police for marked lanes violations. Driver admits to texting while driving which caused her to momentarily leave her lane of travel. Driver also admits to consuming one (1) glass of wine with friend before driving. Two (2) separate police officers put driver through field sobriety tests. Defense compares and contrasts the officers’ observations and opinions regarding the driver’s condition and performance on these tests Defense witness called to establish time line and driver’s sobriety. Not guilty verdict following MA DUI trial.