Category: DUI Case Results

Client stopped by police for alleged marked lanes violations. Driver admits to drinking some hours earlier and she has difficulty with parts of field sobriety testing and does well on others. Breath test refused following DWI arrest. Defense negotiates dismissal of both Adminstrative License Loss (ALS) for breath test refusal and DWI charge prior to trial.

Client stopped by police for minor traffic violation. Driver admits to only two beers over course of evening. Video evidence utlized by defense to demonstrate client’s sobriety and rebut allegation of impairment. DWI charge and ALS dismissed prior to trial.

Client stopped for broken license plate light and failure to completely stop and signal turn. Police note an odor of alcohol, glassy eyes and slow deliberate movements and speech. Defense wins pre-trial motion to suppress search of vehicle to exclude open container of beer and thirty-pack. Trial defense focuses on field sobriety tests and their actual relationship to safe driving. Not guilty verdict following trial.

Client stopped by police for running red light. Driver engaged on cell phone in an attempt to find out location of vehicle registration while officers command him to hang up phone and exit vehicle. Police detect odor of alcohol and slurred speech. Verbal argument leads police to forcibly remove driver from vehicle where struggle ensues. Driver charged with OUI, Disorderly Conduct and Possession of Drugs. Drugs excluded prior to trial on defense Motion to Suppress as fruits of illegal search. Not guilty verdict on OUI and Disorderly Conduct following jury trial.

Client stopped by police for speeding. Following initial questioning officer directs driver to step from vehicle to complete field sobriety testing in view of the officer’s cruiser mounted audio/video equipment. Defense requests copy of audio/video evidence as standard pre-trial discovery practice. Copy and original video footage are rendered mostly unusable due to police equipment failure. Defense prepared to argue that video was best evidence of field sobriety tests and likely exculpatory to defendant. Prosecution prepared to try case on other evidence of impairment. Defense negotiates pre-trial dismissal of DWI charge.

Client loses control of vehicle after side swiping jersey barrier in highway construction zone. Police respond to report of single car rollover accident and speak to driver and witnesses. Client transported to hospital for medical treatment and routine blood test indicates blood alcohol content over legal limit. Defense continues to request trial dates and plans to exclude blood test on evidentiary grounds. Charge dismissed when government is unable to produce witnesses to operation, arrest and blood testing.

Client stopped by police while driving home from scene of minor fender bender on highway off ramp. Police allege that driver left scene of accident without giving name, address and registration information to other driver. Defense continues to request trial dates and appears each time ready to try all issues. Charge dismissed when government is unable to produce witnesses to operation and arrest.

Client charged in NH with DWI. Defense negotiates dismissal of DWI charge. Adminstrative suspension in NH for breath test refusal is two (2) years based on prior 1993 Mass OUI conviction. Defense successfully vacates 1993 MA OUI convictiong reducing NH administrative suspension from two (2) years to 180 days.

Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.

Driver crashes car through construction barriers on re-routed section of highway off ramp in view of police detail. Vehicle is heavily damaged by falling construction sign and air bags deploy. Driver is arrested for OUI without field sobriety testing or an admission of drinking. Defense obtains dismissal of OUI charge on second trial date based on government’s inability to produce a police witness to testify regarding the grounds for the arrest and opinion that the driver was impaired by alcohol.