Category: DUI Case Results

Client is stopped on highway for speeding and marked lanes violations. Police note an odor of alcohol, slurred speech and poor performance on field sobriety tests. Defense focuses cross examination of arresting officer on evidence of sobriety not included in the arrest report, location of the field sobriety tests, and absence of any video depicting custody and booking sequence. Not guilty verdict following trial.

Client stopped at Roadblock and is subsequently arrested for OUI offense. Post arrest breath test is .14 BrAC. Defense files Motion to Suppress Warrantless Stop and Arrest at Roadblock. Government cannot meet its burden to justify the stop pursuant to the strict guidelines in place and recently developing case law on the issue of roadblocks. OUI Charge dismissed.

Client stopped by police for marked lanes violation. Police note odor of alcohol and difficulty controlling wiper blades, headlights and ignition during stop. Driver extremely nervous and apologetic, noting his decision to go out was a mistake with a child at home. Police allege poor performance on field sobriety tests and a post arrest breath test of .11 BrAC. Defense negotiates a dismissal of the DWI charge prior to trial.

Police officer turns to follow vehicle on country road after noting one of the front “marker” lights was out. Officer runs plate, which comes back registered to different vehicle, and then stops vehicle for marker light violation and plate violation. Later determined that Officer typed in wrong plate # and car is actually properly registered. Under 21, client accused of drunk driving admits to drinking, but denies impairment, as he is driving home two girls, one of whom is passed out in his back seat. Driver arrested after field sobriety tests for DWI. Court allows defense Motion to Suppress, agreeing that “front marker light” is not required equipment under the motor vehicle code, nor is light being out a basis for a civil motor vehicle infraction. Stop deemed illegal, DWI complaint dismissed.

Police respond to scene of one (1) car accident where client’s car struck pole at lunch time. Police note odor of alcohol, slurred speech and client chewing gum. Client removed from scene due to injuries to her arm and head without field sobriety testing. Days later police mail citation to client for OUI offense and Negligent Driving. Defense argues Motion to Dismiss for failure to issue citation pursuant to “no fix” statute, which requires notice of offense by citation at time and place of offense. OUI Charge Dismissed.

Police find alleged drunk driver asleep in vehicle which is legally parked on city street. Driver denies any intent to drive, only sleeping until sober enough to drive home safely. Police arrest defendant following field sobriety tests. Post arrest breath test .11 BrAC. Defense prepared to argue operation and will not concede client intended to operate vehicle in light of evidence. DWI Charge Dismissed.

Client stopped for speeding returning to wedding hotel location. Driver admits to “a couple of beers”. Police note an odor of alcohol, but no slurred speech. Officer arrests driver following field sobriety tests. Defense cross exam focused on police observing the accused drunk driver drive normally over the course of almost one (1) mile, actual performance on field sobriety tests, in light of disclosed ankle injury and lack of evidence of impairment. Not Guilty Verdict entered at trial by Court at close of Commonwealth’s case.

Client stopped for marked lanes violation. Police allege driver is spraying body scent throughout car to cover alcohol odor. Police request that accused drunk driver submit to field sobriety testing, however client exercises his right to refuse both field tests and breath test. Defense utilizes booking video to refute claim that client is unsteady and slurring his words. Not guilty verdict following trial.

Police stop client for driving 66 M.P.H. in posted 35 M.P.H. zone. DWI charge with speed violation in excess of 30 M.P.H. over posted results in Aggravated DWI charge, enhanced penalties including jail sentence. Arresting officer testifies that client failed portions of field sobriety tests but did well on others, having admitted to three (3) rum and cokes over course of evening. Defense focuses on lack of evidence of impairment including no evidence of slurred speech, swaying or unsteadiness. Not guilty verdict following trial.

Client is stopped by police for speeding on highway off-ramp. Police allege odor of alcohol, slurred speech and difficulty with field sobriety tests. Defense introduces evidence of client’s surgically repaired toe which would invalidate balance and coordination tests and his heavy French accent that renders his speech difficult to understand. Defense witness, defendant’s wife, refutes the events of the traffic stop and arrest and offers evidence of alleged drunk driver’s sobriety. Not guilty verdict following trial.