Category: DUI Case Results

Client losses control on vehicle on wet snow covered roadway and drives into snowbank. Police respond to scene and conduct field sobriety tests. Civilian witnesses cannot support allegation that alleged drunk driver is impaired. Defense utilizes police booking video to establish client’s sobriety. DWI charge dismissed prior to trial.

Client stopped for speeding 2 M.P.H in 40 M.P.H. zone. Driver admits to consuming five beers at local pool hall. Police allege client failed field sobriety tests while presenting slurred speech, red, bloodshot eyes and flush face. Defense focuses on client’s knee injury as invalidating field tests and client’s perfect performance on mental portions of testing sequence. Not guilty verdict following trial.

Client stopped for speeding traveling home from thanksgiving holiday dinner. Arresting officer alleges client failed standard field sobriety tests. Defense offers evidence of harsh cold weather and client’s clothing consisting only of tee shirt and shorts. Client’s mother and passenger testify that client was tired from long trip but not impaired by alcohol. Not guilty verdict following trial.

Police observe client drive into breakdown lane and commit lane violations. Driver safely responds to signal to stop and submits to field sobriety tests. Client refuses breath test but communicates willingness to take blood test which is not offered by police. Defense argues that erratic operation consistent with distracted driver not necessarily impaired driver. Not guilty verdict following trial.

Client is stopped for speeding, 50 M.P.H. in 25 M.P.H. zone. Officer observes client stumble from vehicle and questions driver. Driver admits that he is coming from Christmas Party and that he has had too much to drink. Client refuses all field sobriety tests. Defense argues insufficient evidence of impairment without field sobriety tests. Not guilty verdict following trial.

Police respond to scene of single car accident. Client admits to being driver and submits to field sobriety tests despite suffering knee injury in wreck. Subsequent breath test .18 BrAC is excluded due to government’s failure to establish requisite foundation that breath test equipment is compliant with relevant regulations for certification. Not guilty verdict following trial.

Police respond to scene of accident where car is crashed into home causing fire. Client found laying on ground in fetal position. Accused drunk driver admits to drinking all day and is transported to hospital for injuries. Defense argues admission alone is not enough evidence to prove impairment by alcohol under circumstances. Not guilty verdict following trial.

Driver stopped at 2:00 a.m. for allegedly crossing double yellow line three times in ¾ mile stretch of rural road. Driver admits to having had “a couple” of beers following basketball game earlier in evening but does not display slurred speech, unsteadiness or inability to follow directions. Field sobriety tests are inconclusive and defendant refuses to submit to breath test. DWI charge dismissed prior to trial.

Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed.

Police stop driver for marked lanes violation on highway. Driver admits that he is driving friend home after visiting “several” local bars. Conduct of field sobriety tests is compromised by training officer interjecting during testing on darkened noisy breakdown lane. Passenger establishes that driver had only a few drinks and was fine to driver. Any erratic operation was caused by joking, laughing and eating take-out food while driving home. Breath-test results of .12 BAC more than one (1) hour after driving are excluded due to lack of government expert witness to establish BAC at time of driving. Not guilty verdict following trial.