Category: DUI Case Results

Defense wins Motion to Suppress warrantless stop, detention, search and arrest. Police stop vehicle for loud muffler. After receiving license and registration Officer alleges he detects odor of burnt marijuana emanating from vehicle. Officer orders driver to step from vehicle to submit to pat down frisk for weapons although officer admits on cross exam that he saw no evidence of weapons or suspicious movements and detected no odor of marijuana on the driver’s person. Officer next orders back seat passenger from vehicle, conducts pat down frisk and feels hard cylindrical object. Fearing object is a weapon, the officer removes object and finds it to be a bowl for smoking marijuana with residue. Again officer admits no odor of marijuana on any of the three occupants. Subsequent search of car discloses marijuana in client’s purse. Court holds search of car based on illegal pat down search Officer had no legitimate safety concerns given lack of suspicious movements, daytime hour, suburban downtown location of stop.

Not guilty verdict following jury trial. Client stopped on highway for alleged erratic operation when officer follows his car from secondary road onto interstate. Officer admits on cross exam that client passed one standard field sobriety test and the second test’s effectiveness is limited as to detection of impaired drivers. Officer admits that “Erratic Operation” on highway was speeding and tailgating tractor trailer in slow lane before executing safe passing manuever.

Police follow motorcycle driver for 1.5 miles after first noticing bike do “smoke show” at end of driveway, finally making stop for clocked speeding. Officer testifies that driver failed two standard field sobriety tests but admits on cross exam that driver passed third standard test. Defense introduces portion of video tape from cruiser showing police following bike on road. Tape shows reasonable and steady operation of the motorcycle. Not guilty verdict following trial.

Client charged with Possession of Alcohol by Minor based on statute allowing proof of internal possession by intoxication. Trial on all issues. State cannot establish foundation to allow in evidence of portable breath test (PBT). State’s witnesses cannot testify that they observed defendant consume alcoholic beverages at party. No field sobriety tests or other evidence of intoxication. Not guilty verdict following trial.

Client stopped by Marine Patrol for failure to turn on stearn/bow lights while exiting channel at night. Officer conducts routine safety check and detects “faint” odor of alcohol and “slightly” slurred speech. Client boater asked to board patrol vessel for battery of field sobriety tests. Circumstantial evidence supported finding that nervousness contributed to difficulty with two field sobriety tests while client performed perfectly on third test. Evidence of refusal of breath test excluded by defense. Not guilty finding after trial.

Single car accident reported to police by citizen who hears crash outside of house but does not see it occur. While talking to 911 dispatcher witness returns to window and sees young man exiting vehicle on driver’s side. Witness unable to identify client as this person with certainty on day of trial. Police arrive to find two highly intoxicated young men outside of car. Client admits to being driver, but later recants during booking at station. Vehicle owned and registered to the second man present who attempts to leave the scene in damaged car after walking away from investigating police officers. Defense stipulates to intoxication and public way, challenges operation on lack of evidence to identify client as driver or to corroborate his withdrawn admission that he was driver at time of accident. Not guilty verdict following trial.

Driver stopped by police after helping his friend tow his vehicle from a deep snow bank in a fast food restaurant parking lot. Police had called owner of abandoned vehicle thirty minutes earlier and asked him to remove vehicle from lot. No erratic operation, police allege stop made of both vehicles in parking lot to investigate “suspicious activity” around abandoned vehicle. Exit order, field sobriety tests, admission of drinking, glassy eyes, slurred speech, etc. Motion to Dismiss allowed at trial. Parking lot closed to public after regular business hours and not a “way” for purposes of the drunk driving statute.

Client stopped for speeding and marked lanes violation. Driver admits to officer that he drank 5 or 6 beers. Officer notes an obvious limp when driver steps from vehicle plus odor of alcohol, red and glassy eyes and thick tongued speech. Defense submits medical records to prove limp is caused by recent surgery to remove orthopedic hardware from leg three (3) weeks before arrest. Defense argues driver’s inability to complete field sobriety tests perfectly is due to the injury and defendant’s large size and weight would allow him to consume 5 beers and still drive safely.

Anonymous cell phone caller reports to local police vehicle “all over the road”, giving plate number and brief description of vehicle and location. Police set up observation on same road to intercept vehicle 5-6 miles south of reported location. Police stop client after confirming plate number but the police officer does not observe any erratic or dangerous operation. Defense wins “Motion to Suppress” the stop arguing that police did not corroborate any details of anonymous report of erratic operation and that initial report lacked sufficient detail to be deemed self verifying. DWI charge dismissed.

Client arrested following single car roll over accident having informed arresting officer that he lost control of SUV while reaching to pick up cell phone from floor of vehicle. Driver exhibits difficulty completing field tests which require balance and coordination. Admits to five (5) drinks over course of evening. Defense presents medical records from driver’s visit to ER the next day and follow ups with his PCP, indicating inner ear and head injuries from accident, causing nausea, loss of balance, dizziness and nystagmus (eye symptom relied upon by police as evidence of intoxication, also symptom of head injury). Court allows defense motion to dismiss DWI complaint. Driver pleads to lesser offense of negligent driving.