Category: DUI Case Results

Officer pulls over vehicle which is traveling towards him in head on collision fashion. Driver admits to having “two beers” and proceeds to fail 4 out of 5 field sobriety tests according to police. Subsequent breath test results of .09 are excluded by the defense and cross exam establishes that client performed field tests adequately given sub-standard roadside conditions. Not guilty verdict following trial.

Officer follows driver for approximately one (1) mile observing several marked lanes violations. Upon stopping driver has difficulty producing license and registration but denies drinking. Officer detects odor of alcohol and slurred speech. Driver attempts field sobriety tests but claims she is incapable of standing on one leg for any period of time. Defense argues field sobriety tests are not reliable indicators of impairment for this particular driver especially in light of her nervousness and anxiety at roadside. Not guilty verdict following trial.

Police respond to scene of accident with car into telephone pole. Witnesses claim driver is operating at 45 M.P.H. on windy rural road immediately prior to crash and is seen tossing empty beer cans into woods before police arrive. Driver claims he lost control of vehicle while searching for songs on his I-pod. Defense excludes reference to 2 out of 5 field sobriety tests and argues poor performance attributable to trauma from accident. Not guilty verdict following trial.

Police respond to vehicle with flat tire waiting for tow truck in breakdown lane. Defendant tells police he just hit something. Police detect odor of alcohol and unsteadiness on feet. Following field sobriety tests defendant states: “just arrest me because you know I’m drunk.” Defense suppresses statement due to Miranda violations and challenges sufficiency of evidence based on field sobriety tests. Not guilty verdict following trial.

Civilian driver reports to local police dispatcher that she is being “followed extremely closely” by and out of state vehicle. Driver follows suspect car into business parking lot and obtains license plate and description of driver. Civilian witness flags down officer and tells cop where to find suspect car. Officer sees vehicle in lot and watches it roll slowly to a stop twice and then signals car to stop. Client arrested following field sobriety tests and refuses breath test. Defense prepared to argue stop of vehicle was illegal based on vague nature of civilian report. DWI Charge Dismissed before trial.

Client stopped by police for speeding and marked lanes violations. First officer detects odor of alcohol on driver’s breath. Officer conducts only one field sobriety test before being called away from scene to supervise another incident. Client refuses to participate in any further testing with second officer. Arrest for DWI follows and client refuses breath test. Defense utilizes booking video to establish client’s sobriety and evidence of medical conditions for reason why field sobriety tests were refused. DWI charge dismissed before trial.

Police respond to a three car accident on the highway shortly before 1:00 a.m. Witnesses indicate that client was traveling between 100-120 m.p.h. before striking the guardrail After client exits his car, it is demolished by an on-coming tractor trailer. Police note client appears confused and unsteady on his feet, and detect a strong odor of alcohol coming from his person. Client allegedly fails three field sobriety tests and is arrested. Client admits to having five beers in the night. Defense argues that client’s difficulty with field sobriety tests is caused by shock of accident and that witnesses are unable to provide direct evidence that client was the operator of the vehicle. Not Guilty verdict following trial.

Police stop client because his vehicle and plate match a description of vehicle reported to have left the scene of minor single car property damage accident. Client refuses to produce license and registration and refuses to exit vehicle. Police detect odor of alcohol and slurred speech. Client arrested for DWI and Disobeying a Police Officer. DWI charge dismissed prior to trial for lack of evidence.

Police respond to report of vehicle in parking lot with front end damage following collision. Witnesses establish that two persons are present, one urinating in public the other throwing beer cans into grass next to lot. Defendant admits to being driver but denies causing accident, further admits that he drank 4-5 beers earlier while golfing. Defendant arrested following field sobriety tests. Several civilian witnesses fail to identify the defendant as the driver and cannot corroborate his admission to driving beyond reasonable doubt. Not guilty verdict following trial.

Police respond to scene of single car accident with both air bags deployed and two occupants nearby, both bleeding from impact. Client admits to two beers and a margarita and is arrested following field sobriety tests. Defense excludes post arrest breath test evidence of .14 BAC because government does not have an expert witness to relate breath test results to blood alcohol level at time of driving. Blood found on driver’s side airbags could be attributed to either occupant leading to question as to who has actual driver of vehicle. Not guilty verdict following trial.