Category: DUI Case Results

Police respond to noise complaint and find client seated in passenger seat of vehicle in front of his girlfriend’s house. Client admits to being drunk but denies operating the vehicle on blown tire and rim which leaves gauge marks in street leading to spot where vehicle found at rest. Post arrest breath test .15 BrAC. Government cannot establish beyond reasonable doubt if or when client last operated vehicle. Not guilty verdict following trial.

Police respond to scene of one-car accident on highway and find abandoned vehicle. Client is found some time later on property abutting highway. Incriminating statements made by client to police are suppressed for lack of Miranda warning while in custody and the search of his person disclosing keys to vehicle deemed illegal search. OUI, Leaving the Scene, Operation of Unregistered Vehicle and Operation After Suspension charges dismissed for lack of evidence.

Police respond to scene of accident where witnesses report pick-up truck left roadway and demolished fence then fled scene. Truck’s license plate found in debris on roadway and is traced giving exact make and model of truck. 45 minutes later police receive report of suspicious vehicle parked on roadway. Responding officers find truck with matching rear plate parked with engine running and driver asleep behind wheel. Police approach driver’s side of truck, wake client and pull him from vehicle at gun-point, at which time he is immediately handcuffed. Search of truck discloses open 30 pack of beer and prescription drugs. Defense challenges legality of arrest and display of deadly force during routine traffic investigation. Motion allowed, all charges including DWI dismissed.

Client appears in Court and pleads guilty to DWI charge days after being discharged from psychiatric hospital. Transcript of plea hearing discloses normal plea colloquy, however, defense is able to show by clear and convincing evidence through expert testimony that client was incompetent at time of plea due to medications and mental health and medical issues. Motion to Vacate plea allowed, conviction set aside, new trial ordered.

Police stop Client for traveling 25 m.p.h. on highway. Defense introduces evidence of mechanical failure in vehicle to explain abnormally low speed. Evidence of .19 BAC breath test excluded by defense due to contamination of breath sample by mouth alcohol and lack of mandatory 15 minute waiting period before re-testing commenced. Defense challenges officer’s observations of red/glassy eyes, slurred speech and poor performance on field sobriety tests. Not guilty verdict following trial.

Client stopped by police for defective headlight and center line violation. Officer alleges client failed three (3) standard field sobriety tests. Post arrest intoxilyzer breath test is .07 BAC. Defense Motion to Dismiss allowed. DWI Charge Dismissed.

Client stopped for speeding. Police Officer alleges client presented with red, glassy eyes, slurred speech and slack jawed open mouthed facial expression. Defense prepared to present evidence that .16 BAC breath test was inaccurately high due to diagnosed G.E.R.D. condition. Field sobriety tests conducted in highway breakdown lane on sloping grade. DWI and Aggravated DWI charges dismissed.

Client stopped by police for failing to signal turn exiting traffic rotary. Arresting officer alleges client fails two standard field sobriety tests. Testimony regarding failed Horizontal Gaze Nystagmus (HGN) test excluded for lack of proper foundation. Evidence of .16 BAC blood test excluded as government fails to produce actual gas chromatograph test results, relying only upon transcription of test results recorded by lab technician. Not guilty verdict following trial.

Client stopped for speeding during evening rush hour traffic. Arresting officer notes client performs some field sobriety tests “satisfactorily” and fails others. Client is chewing ginger root for upset stomach at time of arrest following spicy meal. Defense presents medical records and expert testimony to explain that two (2) weeks prior to arrest client is hospitalized for chest pain, later diagnosed as gastro-esophogeal reflux disorder. Defense argues that .21 BAC intoxilyzer test result is inaccurate due to contamination by stomach alcohol from G.E.R.D. condition. Not guilty verdict following trial.

Client stopped by police for driving wrong way on one-way street. Police officer alleges client failed alphabet test twice by stating: “A,B,C.D,E.F,G, blah, blah, blah” each time. Client refuses all other field sobriety tests. Breath test results of .20 BAC excluded due to lack of proof that statutory implied consent rights were properly administered before test. Not guilty verdict following trial.