Category: DUI Case Results

Alleged drunk driver stopped for speeding while operating motorcycle in busy concourse during annual “bike week.” Defense prepared to argue client’s performance on field sobriety tests, operation of motorcycle, demeanor, behavior, and cooperation with law enforcement do not constitute evidence of actual impairment by alcohol. DWI charge dismissed.

Police respond to citizen report of impaired driver that has struck curb and disabled vehicle. Defense challenges prosecution’s ability to prove alleged impaired driver’s knowledge of side effects of prescribed medications and police officer’s qualifications to testify as to effects of prescribed medication and safe driving ability. Defense also files Motion To Dismiss OUI charge for failure of police to properly advise alleged impaired driver of statutory rights to breath test and right to independent doctor exam. OUI Drugs charge dismissed on trial date.

Police stop alleged drunk driver for failure to yield to pedestrian in crosswalk. During field sobriety testing officer is interrupted, and driver is distracted by on-looking vocal witnesses at roadside. Evidence is insufficient to establish “impairment to any degree.” DWI charge dismissed.

Police arrive at scene of single car accident. Alleged Drunk Driver is found nearby claiming his car was taken from local house party without his permission. Police arrest alleged driver and obtain breath test results which are later excluded by defense as evidence in Court. DWI charge dismissed for lack of evidence.

Alleged drunk driver stopped by police for one-way street violation in vicinity of night club at closing time. Defense challenges police administration of field sobriety tests and accuracy of reported .14 BrAC breath test in light of client’s documented G.E.R.D. condition. Not guilty verdict entered at trial on DWI charge.

Police respond to citizen cell phone report of erratic operator stopping driver on busy roadway. Defense challenges validity of field sobriety tests in light of driver’s language barrier and freezing cold temperatures at scene of stop. Not guilty verdict following trial.

Police stop client for marked lanes violations. Client admits to drinking three (3) beers but refuses to participate in field sobriety tests. Post arrest breath test results in .12 BrAC. Government unable to admit breath test. DWI charge dismissed prior to trial.

Police respond to scene of single car accident where car rests on its roof having severed utility pole. Alleged drunk driver is removed from driver’s seat by good Samaritan. Police note client’s slurred speech, glassy droopy eyes and odor of alcohol from her breath when she speaks. Further note client’s unsteadiness when she walks to ambulance with EMTs. Arresting officer admits that client’s appearance and demeanor could be evidence of injury from crash. Not guilty verdict following trial.

Police respond to scene of two car accident. Client is shaken from crash and unsure whether traffic signal gave her the green light. First officer on scene interviews driver but does not detect any signs of impairment. Second officer on scene reaches opposite conclusion noting odor of alcohol, unsteadiness and slurred speech. DWI Charge dismissed prior to trial.

Alleged drunk driver stopped for speeding violation. Police detect odor of alcohol and client admits to having two drinks with dinner. Client refuses to participate in field sobriety tests and later refuses breath test. DWI charge dismissed prior to trial.