Category: DUI Case Results

Police stop driver for multiple encroachments over fog line and center line. Officer notes odor of alcohol, glassy eyes and slurred speech. Driver admits she was distracted while driving due to eating fast food behind the wheel. The open bag of food sits on the passenger seat. Defense utilizes cruiser and body worn camera footage to portray driver’s appearance and performance on field sobriety tests. Not guilty verdict following jury trial.

Police approach driver stopped in roadway outside busy tavern/restaurant for “well being check.” Driver states he has just dropped off friends to pick up their car. Officer notes odor of alcohol, slurred speech red/glassy eyes. Driver admits to having beers at tavern across the street watching a band. Officer makes arrest for OUI following standard field sobriety tests. Defense utilizes booking video without audio to show driver’s movements, behavior and dexterity removing jacket, belt, shoes and making phone calls. Not Guilty Verdict following trial.

Police Officer begins to follow driver who is driving 36 MPH in 25 MPH zone. Officer follows driver for approximately 1 mile through several turns in down town area, finally activating lights when driver rolls slowly through right on red without actually stopping. Standard clues of glassy eyes, slurred speech and odor of alcohol are present and driver admits to having a “few drinks.” Driver refuses to take post arrest breath test citing concerns for his Commercial Driver’s License (CDL). Defense focuses cross examination on relatively safe driving behavior and indicators of sobriety which were present, but not recorded in officer’s arrest report. Not Guilty Verdict following trial.

Police respond to report of single car crash where vehicle hit roadside rock and then left scene before police arrive. Officer follows tire marks and finds vehicle and driver stopped approximately 1.5 miles from scene. Driver admits to being in crash when he swerved to miss deer in road and that he had one (1) drink earlier at a friend’s house. Police note a slight odor of alcohol and slightly slurred speech. 64 year old driver struggles with walk and turn and one leg balance test. Before leaving scene in custody, driver requests police retrieve and bring his computer bag to station where he later discloses loaded firearm is in bag and he is legally licensed to carry. Defense utilizes booking video to depict driver’s appearance, speech, demeanor as well as his medical records for history of knee and back issues. Not Guilty Verdict on both charges following trial.

Police stop driver for speeding and crossing over the double yellow solid line. Driver admits to drinking and officer notes slurred speech, red/glassy eyes and odor of alcohol. Driver is arrested following standard filed sobriety tests. Post arrest breath test result .12. Defense files Motion to Exclude Breath Test Evidence at trial due to officer’s failure to observe driver during twenty (20) minute observation period when he puts his hands to mouth as depicted on booking video. DUI charges dismissed before trial.

Police follow driver onto highway observing speeding and marked lanes violations. Driver admits to having a “few beers” playing pool with friends. Following arrest driver submits to breath test with .10 result. Defense prevails at DMV/ALS hearing when arresting officer admits he did not observe the driver for the entire twenty (20) minute observation period, rather he shared that responsibility with his superior training officer. Body Worn Camera (BWC) video supports defense position. Defense files Motion to Exclude Breath Test Evidence at trial. DUI charges dismissed before trial.

Police respond to early morning complaint of driver parking on front lawn. Police find driver standing outside her car. She admits to parking on the lawn of her father’s neighbor by mistake. Police note unsteadiness, odor of alcohol and red/glassy eyes. Driver denies drinking that day, but only the night before. Arrest follows field sobriety testing in driveway. Post arrest breath test refused. DUI charge dismissed before trial.

Driver involved in rear end collision on busy roadway in heavy bumper to bumper traffic. Officer notes driver exhibits red/glassy eyes and an odor of alcohol and marijuana. Driver hands over empty MJ pipe and admits to having one IPA beer immediately before crash. Driver participates in HGN test but tells officer he’s not comfortable participating in any other tests. He refuses post arrest breath test. Defense prepared to offer multiple versions of various officers’ body worn camera footage. DUI charge dismissed day of trial. Lifetime lookback reciprocity impact from MA RMV for MA resident with prior OUI history avoided.

Police stop driver for speeding 46 MPH in posted 30 MPH zone. Officer notes odor of alcohol and slightly slurred speech. Driver denies drinking and refuses to participate in walk and turn and one legged stand tests due to his recent leg injury. Police officer finds 6 clues on Horizontal Gaze Nystagmus test. Defense prepared to offer medical expert to confirm recent knee injury and 37 other known causes of HGN . Booking video utilized to establish driver’s behavior, speech and demeanor at booking. Court enters required finding of not guilty at close of State’s case. Lifetime lookback reciprocity impact from MA RMV for MA resident with prior OUI history avoided.

Police stop driver for illegal u-turn and lane control issues. Officer notes red/glassy eyes and odor of alcohol. Driver admits to have 4-5 drinks over course of entire day and evening at wedding. Officer alleges driver fell to ground leaning against car and failed multiple field sobriety tests. Defense utilizes body worn camera footage to contradict officer’s version of events and his admission to superior officer that he was “on the fence” about arrest decision. Not Guilty Verdict following trial. ALS/DMV suspension also vacated for lack of reasonable suspicion of impaired driving