Category: DUI Case Results

Police stop client for traveling 92 m.p.h. in 65 m.p.h. zone. Officer detects a strong odor of alcohol and bloodshot and glassy eyes. Officer testifies that client failed four field sobriety tests, including the alphabet test. Through cross examination, defense demonstrates that client stopped the car appropriately, had no difficulty producing license and registration when requested, and appeared alert and coherent at all times. Defense argues that client’s poor performance on the field tests could have been attributed to nerves and an inner-ear disorder that he was suffering from at the time. Not Guilty verdict following trial.

Driver falls asleep driving home in early morning hours following bartending shift. Citizen follows driver home and reports to police via cell phone that driver scratched guardrail. Police respond and make entry into client’s home. Field sobriety tests conducted in living room after client allows police to enter and admits that she had “a couple drinks” after work. Defense prepared to present defense of fatigue. DWI charge dismissed before trial.

Police stop client for driving with flat tire at 3:45 a.m. Officer detects strong odor of alcohol, red, glassy eyes and slurred speech and alleges client failed standard field sobriety tests. Defense precludes evidence of .14 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.

Client stopped by police on highway after midnight for traveling too slow and weaving in and out of lanes. Officer notes odor of alcohol slurred speech and lethargic movements. Police contend that client failed all standard field sobriety tests. Defense excludes evidence of .16 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.

Client stopped by police for allegedly speeding at 2:00 a.m. on narrow, curvy stretch of road. Estimate of speed is eyeball guess when cruiser and vehicle pass head on. There is no radar reading or clocking of client’s vehicle by police prior to stop. Defense excludes evidence of .14 breath test prior to trial based on lack of certified intoxilyzer operator. Defense argues Motion to Suppress contesting validity of stop without more evidence of client’s actual speed. Motion to Suppress allowed. DWI charge dismissed.

Police responding to report of college campus ruckus where students are tipping over cars in street outside frat houses. Client not involved in incident but is stopped by police as he is driving away from area of reported incident. Police ultimately arrest client for OUI. Defense prevails on Motion to Suppress as Court agrees that police stop of client’s vehicle is without reasonable suspicion of criminal activity by driver. OUI charge dismissed.

Police respond to home of motorist who reports she was rear ended outside of local bar by car that left the scene. Police respond to client’s home some time later and discover vehicle matching description with damage consistent with reported accident. Client admits to police that he was “a little intoxicated” when the minor accident occurred. Defense argues client’s admission alone is insufficient to prove earlier impairment beyond reasonable doubt. Not guilty verdict following trial.

Police respond to scene of one car accident and find client outside vehicle bleeding from the head and mouth. Police officer notes odor of alcohol coming from client’s mouth and slightly slurred speech. Client is transported from scene to hospital after he admits to officer that he drank tequila before the accident. Due to injuries no field sobriety tests are conducted. Not guilty verdict following trial.

Client stopped by police for speeding at 2:30 a.m. Admits that he drank “more than a few beers” but they were several hours ago before he took a nap. Police allege client failed field sobriety tests and accounted for client’s loss of hearing due to inner ear deformity which he informed police of prior to testing. Highly intoxicated passenger arrested for disorderly conduct and resisting arrest following driver’s arrest. Defense expert testifies that field sobriety tests are adversely affected by several factors, including fatigue, lighting, and inner ear disorder causing loss of equilibrium. Further, odor of alcohol, slightly slurred speech and red, glassy eyes are not scientific proof of intoxication or impairment by alcohol. Not guilty verdict following trial.

Client stopped by police for scraping rear view mirror on another car exiting parking lot from outdoor concert. Arresting officer notes odor of alcohol, unsteadiness, difficulty with field sobriety tests and admission to drinking four (4) beers, but denies client complained of knee injury. Second officer on scene admits that he overheard client complain to arresting officer about knee injury and difficulty with balance due to injury. Client testified that he smelled like a brewery due to beer spilled on him during concert, but his last beer was hours before arrest and he didn’t realize contact with parked car due to crowd noise and heavy pedestrian traffic. Not guilty verdict following trial.