Category: DUI Case Results

Immigrant driver is stopped for Driving After Revocation for DWI facing mandatory jail term. Suspension is the result of earlier plea to DWI charge that occurred without the benefit of counsel or native language interpreter. Defense challenges earlier DWI conviction on grounds that it is not the result of a voluntary and knowing waiver of constitutional rights. DWI conviction vacated and new trial ordered, mandatory jail sentence and further suspension on new charge avoided.

Defense challenges accuracy and reliability of .09 breath test and validity of field sobriety testing. Driver stopped by police for entering rotary from fast food restaurant without headlights on. Driver admits to officer that he consumed “4-5 beers and a Fenway Frank.” Defense cross exam of breath test machine operator focused on limitations of infrared breath testing and indirect relationship to true blood alcohol levels. Not Guilty verdict following jury trial.

Driver stopped by police for broken license plate light. Police officer notes slurred speech, odor of alcohol, difficulty exiting car and following directions. Driver’s refusal of field sobriety tests and breath test admissible against him at trial. Officer testifies that driver was exhibited mood swings, including being apologetic then angry, finally displaying his middle finger to the arresting officer throughout booking. Defense focuses on safe operation and attitude of diver consistent with wrongly accused person. Not Guilty verdict following jury trial.

Driver stopped by police for stop line violation. Officer notes odor of alcohol, nervous demeanor and an admission to drinking earlier in the evening. Client submits to battery of field sobriety tests, some of which the police record as the “satisfactory” and others as “deficient”. Defense contends client performed extremely well on all field sobriety tests and that the admission to earlier consumption with an odor of alcohol are not enough evidence to prove impairment beyond reasonable doubt. DWI charge dismissed.

Client found by police sleeping in car just off roadway with one wheel on public way, engine shut off, keys on floorboard with two open bottles of alcohol. Police testify that they wake client and she then miserably fails all field sobriety tests and is unable to recite the correct date, time or her present location. Defense stipulates to intoxication and argues government lacks evidence to prove operation or establish when the client consumed the alcohol in relation to the last operation of the car. Not guilty verdict following trial.

Client passes marked cruiser in opposite direction going 51 m.p.h. in 30 m.p.h. zone. Police turn and eventually catch up to client who is now in the parking lot of a fast food establishment urinating outside of his car. Police note odor of alcohol, admission to drinking, and red, glassy eyes. Defense challenges validity and importance of field sobriety tests, the relevance of defendant’s refusal of a breath test and public urination to safe operation of car. Jury reports deadlock at 11-1. Defense weighs options including possible mistrial and re-trial and then waives right to unanimous verdict and agrees to accept 11 juror verdict regardless of outcome. Not guilty verdict following trial.

Client passes marked cruiser in opposite direction going 51 m.p.h. in 30 m.p.h. zone. Police turn and eventually catch up to client who is now in the parking lot of a fast food establishment urinating outside of his car. Police note odor of alcohol, admission to drinking, and red, glassy eyes. Defense challenges validity and importance of field sobriety tests, the relevance of defendant’s refusal of a breath test and public urination to safe operation of car. Jury reports deadlock at 11-1. Defense weighs options including possible mistrial and re-trial and then waives right to unanimous verdict and agrees to accept 11 juror verdict regardless of outcome. Not guilty verdict following trial.

Driver stopped by police for stop line violation. Officer notes odor of alcohol, nervous demeanor and an admission to drinking earlier in the evening. Client submits to battery of field sobriety tests, some of which the police record as the “satisfactory” and others as “deficient”. Defense contends client performed extremely well on all field sobriety tests and that the admission to earlier consumption with an odor of alcohol are not enough evidence to prove impairment beyond reasonable doubt. DWI charge dismissed.

Police respond to report of one car accident with property damage. Driver and vehicle have left the scene before police arrive. Neighbors direct police to driveway short distance away where damaged vehicle is parked. Alleged driver is one of several people at the home. Only evidence of operation is a hesitant admission by the defendant that she was the driver. Prosecution lacks evidence to corroborate admission and prove operation beyond reasonable doubt. Defense prevails on Motion for Required Finding of Not Guilty.

Defense wins Motion to Suppress in 2003 before District Court challenging motor vehicle stop based on anonymous cell phone tip where police do not independently corroborate report of alleged erratic operation. State appeals to NH Supreme Court. Supreme Court decides case by remanding matter back to District Court with benefit of opinion creating “new analytical framework” to test police stops based on anonymous phone tips in DWI cases. Defense wins Motion to Suppress second time under new law created by Supreme Court opinion.