Category: DUI Case Results

Client stopped at sobriety checkpoint roadblock in early morning hours. Driver admits to drinking and police allege she failed field sobriety tests while displaying slurred speech and glassy/bloodshot eyes. Post arrest breath test results .15 BrAC. Defense argues roadblock as conducted is unconstitutional in light of written operational plan which was not followed and scope of allowable roadside inquiry, which was exceeded. Court allows Defense Motion to Suppress. OUI charge dismissed.

Client is stopped by police on rural road in early morning hours. Police allege he drove on fog line and then crossed center line several times, before being stopped outside realty office. Police allege driver failed several filed sobriety tests with post arrest breath test results of .15 BrAC. Defense Motion to Suppress forces government to justify stop of vehicle for traffic violations. Police testimony held unreliable on issue of observed moving violations, in that alleged marked lanes violations occurred, according to police report, in an area that falls well beyond true area of stop. Motion to Suppress allowed, OUI Charge Dismissed.

Police stop client for alleged marked lanes and speeding violations. Officer detects odor of alcohol, red & glassy eyes, and admission to drinking “a few” coming from a bachelor party. Police allege client fails standard field sobriety tests. Defense prepared to challenge validity of tests and utilize booking video to rebut allegations of intoxication. DWI charge dismissed prior to trial.

Alleged drunk driver causes head-on collision at busy intersection after passing on the right of slowed traffic. Other driver testifies that client pleaded “Don’t call the police, I’ve been drinking.” Police respond and find both beer and marijuana in client’s vehicle. Young client is cooperative and polite with police. He admits to drinking “four beers, big ones, 16 oz.” over course of afternoon. Defendant refuses both field sobriety tests and breath test, each refusal being inadmissible in Massachusetts Courts. Defense focuses on lack of other indicia or evidence of impairment and notes that client walked, talked and otherwise acted normal but nervous. Not guilty verdict following trial.

Alleged DWI perpetrator stopped by police for marked lanes violation. Admits to drinking. Police allege defendant appeared unsteady with an odor of alcohol, slurred speech and glassy eyes while performing poorly on standardized field sobriety tests roadside. Defense utilizes police booking video taken minutes after arrest which depicts client as collected, clear headed, articulate and steady. DWI charge dismissed prior to trial.

Alleged drunk driver arrested following high speed chase and submits to post arrest breath test with .15 BrAC results. Defense obtains booking video which includes evidence that police violated statutory provision that defendant be advised of right to independent medical evaluation, police did not properly conduct fifteen (15) minute pre-test observation period and police allowed breath test to continue despite fact that defendant clearly burped just minutes before the breath test. Defense Motion to Dismiss OUI charge for statutory violations allowed.

Client causes rear end collision at busy intersection outside hospital. Upon arrival Police allege they detect odor of alcohol and slurred speech with an admission to drinking hours earlier. Accused drunk driver is transported for medical evaluation of possible head injury without field sobriety tests being conducted. Defense utilizes medical records, which do not reference alcohol or indicia of impairment to rebut officer’s observations. OUI charge dismissed by Court on Defense Motion to Dismiss.

Police allege client’s vehicle operated on, but not over center line with defective brake light. Following stop driver admits to drinking, allegedly fails field sobriety tests and fails post arrest evidentiary breath test. Defense successfully argues motion to suppress utilizing cruiser video and independent video of client’s vehicle with lights on. Both videos show only one (1) of six (6) possible rear marker lights was out, although all brake lights, turn signals and back up lights worked properly. Further driving briefly on center line, as opposed to over it does not constitute a moving violation. Defense Motion to Suppress Stop as illegal allowed. OUI charge dismissed.

Client stopped by police for weaving within marked lanes in heavy traffic at beach. Client admits that he drank only “two beers” and was fumbling with his cell phone while driving causing the vehicle to weave. Police allege client fails field sobriety tests, although he discloses prior to tests that he has severe leg pain and lower limb disability due to earlier traumatic injuries. DWI charge dismissed prior to trial.

Client stopped for speeding coming home from high school graduation party. Client admits to drinking and submits to field sobriety tests. Defense prepared to challenge field sobriety tests in light of client’s position facing moving traffic during horizontal gaze nystagmus test and use of uneven, unpaved portion of roadway shoulder for balance and walking tests. Defense also prepared to offer testimony of client’s passenger that driver was safe and sober. DWI Charge dismissed prior to trial.