Category: DUI Case Results

Two police cruisers sit parked in breakdown lane with emergency lights activated following conclusion of routine highway traffic stop. Officers standing between cruisers inside fogline. Oncoming vehicle does not move from travel lane to passing lane as it approaches parked cruisers and actually touches upon fogline within inches of cruisers as it passes. Police immediately pull out and stop vehicle based on accused drunk driver’s failure to give wide berth. Stop leads to field sobriety tests, arrest and breath test results of .15 BrAC. Defense Motion to Suppress allowed as no reasonable articulable suspicion exists to stop vehicle. DWI complaints dismissed.

Client stopped for crossing center line at 2:30 a.m. and failing to dim high beams for oncoming police vehicle. Police allege young driver failed standard field sobriety tests and refused breath test. Defense prepared to challenge validity of field tests in light of client’s nervousness and fatigue and lack of evidence of impairment during long video taped booking process. NH drunk driving case dismissed prior to trial.

Police respond to scene of two car head on collision. Defendant is arrested following field sobriety tests, but is later transported in custody to hospital to address complaints of multiple injuries. Police seize hospital blood draw (.23 BAC) and lab records without defendant’s consent. Defense challenges blood seizure as violation of federal medical privacy law. DWI charges dismissed prior to trial.

Concerned citizen approaches police and tells them that a “red chevy pick-up with Mass plates is all over the road.” Police find vehicle fitting description within one (1) mile of reporting party and stop vehicle. Client’s performance on field sobriety tests is video recorded. Defense prepared to challenge validity of stop based on vague description of vehicle and operation and will use video to defendant’s benefit at trial. DWI charge dismissed prior to trial.

Client stopped by police for speeding and marked lane violations. Officer notes driver is smoking cigarette, fiddling with GPS unit and dressed in clown suit, make-up and wearing no shoes behind the wheel. Defense challenges validity of field sobriety tests due to precarious location on highway breakdown lane and client’s nervousness, fear and embarrassment. Evidence of .10 breath test excluded due to government’s failure to call proper witness. Not guilty verdict following trial.

Police respond to scene of single car accident with car into snow bank. Client admits to driving, losing control and drinking “two martinis”. Police escort driver to area free of snow under storefront overhang for field sobriety testing. Defense uses photos of area to show darkened poorly lit area utilized by police for testing. Police admit on cross exam that they did not consider the defendant’s advanced age in determining her ability to perform physical agility tests. Not guilty verdict following trial.

Client stopped for speeding. Admits to officer that he drank “2 Labbatts” and “2 Natural Lights”. Police testimony on horizontal gaze nystagmus test excluded due to lack of proper foundation that training guidelines followed when administering test. .14 breath test result excluded due to machine operator error. Not guilty verdict following trial.

Police follow vehicle with four young people into parking lot of closed supermarket in early morning hours. Client is stopped by police as he exits vehicle at rear of building. Police detect odor of alcohol, slurred speech and glassy/red eyes. Alleged drunk driver refuses to participate in field sobriety tests and becomes verbally argumentative with officer resulting in arrest. DWI charge dismissed prior to trial.

Client involved in motorcycle accident requiring transport from scene by ambulance. Responding police detect odor of alcohol, slurred speech, and admission to drinking but cannot conduct field sobriety tests. Police seize hospital blood draw which reveals .23 BAC. over client’s objection and lack of consent. Defense prepared to argue blood seized in violation of federal medical privacy law but state cannot produce necessary witnesses to establish chain of custody for blood test results. Not guilty verdict following trial.

Police stop passing vehicle when they notice marked lanes violation and damage to front end. Initially police suspect driver may be victim of assault despite overwhelming evidence of impaired driving. Following investigation of alleged assault police inform driver that she is being charged with OUI. Citation initiating criminal OUI process is mailed to client 17 days later. Defense Motion to Dismiss OUI charge allowed as government cannot justify failure to timely issue notice of OUI charge via citation as required by law.