Category: DUI Case Results

Client stopped for speeding while driving late model corvette on highway. Police officer makes arrest following alleged failed field sobriety tests. Booking video utilized to rebut claim that client was unsteady on feet and slurring speech.

Client’s car breaks down and police find him waiting for tow and ride home. Keys in ignition but vehicle inoperable with only hazard lights activiated. Odor of alcohol and admission to “a couple of beers”. Client arrested following field sobriety tests in frigid night temperatures. Breath test one hour after arrest .08 BAC. Trial on all issues including impairment and whether client can be “driving” inoperable vehicle. DWI complaint dismissed following trial.

Client apprehended outside of vehicle in town center at 11:00 a.m. based on citizen report to police that she had entered store asking for paper towels to clean hands following car trouble, smelled of alcohol and was unsteady on feet. No erratic operation as she leaves store and then parks further up street to exit and call AAA. Police report client appears unsteady, odor of alcohol, and difficulty with field sobriety tests. Admits to drinking prior night into morning hours. Denies drinking that day. Breath test results of .15 and .17 BAC one hour after arrest. Trial on all issues including accuracy and reliability of breath test machine in light of maintenance records and lack of necessary laboratory certifications. Police admit client is infirm and not able to take standard field sobriety tests due to obvious physical disabilities. Not guilty verdict.

Client arrested after one car accident on icy rural roadway at 4:40 a.m. Police respond and arrest client for OUI without field sobriety tests. Police determine client is driver based solely on her admissions at scene. Transported to hospital where she submits to police requested blood test, revealing .11 BAC. Jury trial on all issues. Court allows defense Motion for Required finding of not guilty on issue of operation where there is no evidence to corroborate client’s admission to being driver and exclude other person at the scene as actual driver.

Client arrested and charged with DWI, under 21, following minor collision in restaurant parking lot. Trial on all issues including public way, operation and impairment. Client’s breath test (.11 BAC) excluded as prosecution did not call breathalyzer machine operator as necessary witness and defense did not stipulate to test procedure and results. Booking video utilized to rebut officer’s testimony regarding client’s alleged intoxicated appearance and difficulty with field sobriety tests.

U.S. District Court, Boston, MA. Client and co-defendant found not guilty following two week jury trial on indictments charging five (5) counts of mail fraud each, 18 U.S.C. section 1341. U.S. Attorney and A.T.F. allege that defendants conspired and schemed to defraud two (2) insurance companies of fire insurance proceeds following arson at restaurant operated and owned by defendants. Defense focuses on jealous husband as possible suspect in arson and status of restaurant at time of fire as small but growing successful venture, lack of financial gain or financial motive by defendants to start fire and pursue insurance money which did not cover actual losses.

Client arrested for OUI following single car accident. RMV suspends license for 120 days for alleged breath test refusal. Defense presents evidence to RMV at administrative hearing that client’s inability to complete test is due to illness and police operator inexperience with new breath test equipment. Suspension vacated, license reinstated pending trial.

Jury trial. Client falls asleep and goes off rural road drivng home in early morning hours. Police, Fire and EMT’s respond to scene. Police officer notes glassy eyes, odor of alcohol and client’s admission to a “few beers.” Defense cross exam focuses on Officer’s failure to account for head injury due to air bag deployment and collision when conducting field sobriety tests and fatigue as factor for crash. Court allows defense Motion for Required Finding of Not Guilty.

Client’s truck slides off road and lands in watery ditch during snow storm. Towed from ditch by good Samaritan with farm tractor. Short time later police officer stops client for “Hollywood roll” through stop sign and failure to use turn signal. Officer sees that truck and driver are covered in mud. Officer notes odor of alcohol, glassy eyes and admission to “two beers.” Defense establishes driver’s minor problems with sobriety tests are more likely caused by wet clothing and freezing temperature than alcohol consumption.

Police allege under 21 client almost strikes police officers in cross walk due to inattentive driving. Police arrest driver for open container, transportation of alcohol and Under 21 DWI (minimum mandatory penalty 1 year loss of license). Negotiated plea to new complaint charging reckless operation, with 60 day loss of license, DWI complaint dismissed.