Category: DUI Case Results

Police respond to scene of single car rollover accident. Client admits to being driver and participates in limited number of field sobriety tests due to head and leg injuries. Police detect odor of alcohol and unsteadiness. Defense prepared to argue observations made by police are consistent with symptoms related to injuries, not impairment by alcohol. DWI charge dismissed prior to trial.

Client works 16 hour double shift and returns home where he consumes two beers. Client called to pick up and drop off friend, where he later becomes lost. Police stop client for unusual operation and allege he failed field sobriety tests. Defense prepared to argue difficulty with tests attributable to fatigue and driving behavior consistent with lost operator. DWI charge dismissed prior to trial.

Client stopped by police for speeding mid-afternoon coming home from shop Christmas meeting/party. Client admits to consuming two beers and dose of Nyquil. Open container located in vehicle. Defense focuses on good operation of vehicle and lack of adherence to field sobriety testing protocols. Not guilty verdict following trial.

Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.

Police stop client for speeding. Client admits to drinking but refuses to participate in field sobriety tests and breath test, both inadmissible in Massachusetts proceeding. Client otherwise remains cooperative, polite and responsive to questioning without slurred speech or unsteadiness. Not guilty verdict following trial.

Client stopped by police for marked lanes violation on highway. Police allege client failed field sobriety tests and refused breath test. Defense raises client’s fatigue and illness as factors to be considered when assessing overall performance on field sobriety tests. Defense calls civilian witness to establish client stayed at club only short time and consumed only one (1) beer before calling it a night due to fatigue and illness. Not guilty verdict following trial.

Client exits home to see her empty vehicle parked across the street from her home surrounded by unoccupied police cruisers. Client walks across street barefoot to retrieve vehicle fearing it was in the process of being stolen. Police exit from wooded area on foot and demand client to stop backing up vehicle. Client admits to drinking earlier in evening. Police allege she fails field sobriety tests and refuses to take breath test. Defense establishes that very short operation of car was reasonable and field sobriety tests were not valid for client with scoliosis and blindness in one eye. Not guilty verdict following trial.

Client is stopped for alleged lane violations by campus police officer working on special highway safety task force. Client arrested for OUI following field sobriety tests. Defense prepared to argue Motion to Suppress based on illegal stop by campus police beyond legal jurisdiction. OUI charge dismissed when government cannot produce necessary witness at hearing on Motion to Suppress.

Police respond to scene to two car collision on highway. Client refuses to participate in field sobriety tests but makes several damaging statements during transport and booking. Defense Motion to Suppress Statements denied, trial scheduled. Government cannot produce necessary witness at trial and charge is dismissed for lack of prosecution.

Alleged drunk driver stopped by police for weaving short distance from his home. Client admits to drinking wine at a concert earlier in evening. Police allege client is unable to satisfactorily completed field sobriety tests. Defense prepared to use booking video to establish client was coherent, cooperative and appearing sober shortly after arrest. DWI charge dismissed.