Category: DUI Case Results

Defense secures not guilty verdict at trial in May 2002 on complaint charging Drving While Intoxicated (drugs). Following first trial State serves new alternative complaint charging transportation of controlled drugs, which carries loss of license penalty. Defense files and prevails on Motion to Dismiss new complaint for violation of Double Jepoardy protection.

Client is stopped after making two wrong turns on one way streets in front of Police cruiser. After trial, Court takes view of scene to confirm defense argument that location of field sobriety testing is uneven crumbling pavement. Arresting officer forced to admit the client passed “most accurate” of three standard field sobriety tests.

Defense wins Motion for Required Finding of Not Guilty during jury trial. Prosecution rests but fails to present evidence that the defendent’s impairment was due to alcohol consumption despite other evidence of intoxication.

Client charged with Driving While Intoxicated (marijuana) and Possession of a Controlled Substance. Defense excludes from evidence the client’s blood test results and the State lab certification that the “green leafy substance” is marijuana. State forced to dismiss Possession charge and client found not guilty after trial on the DWI charge

Client charged with violating restraining order held by ex-girl friend when he walks past her place of employment at large shopping Mall twice in two week time period. Client found not guilty after trial. Arresting officer admits that he has no evidence that defendant had prior knowledge that alleged victim had taken job in Mall where he regularly had his hair cut. State can’t prove “knowing” violation of restraining order.

Business partnership dissolves following dispute over money and embezzlement. Client charged with forging and/or misappropriating company funds for personal use in excess of fifty thousand dollars ($50,000). Defense investigation through subpoenaed bank records shows that alleged victims were actually committing theft by check and forgery while the defendant was out of country with his family. Charges against client dismissed by Court.

Client’s .14 Breath test wrong. Defense hires independent laboratory to re-test client’s captured breath sample. Independent lab finds client’s alcohol level actually .05 at time of arrest, defense presents evidence that police department’s breath testing machine defective.

Client’s .14 Breath test excluded as evidence. Defense sucessfully argues that State failed to prove that defendent waived his right to refuse breathalyzer test.

Defense wins Motion To Suppress. Police stop client for alleged seat belt violation (passenger in bed of truck) and illegally elevated 4×4 suspension. Defense proves no violation of seat belt law or Registry rules for truck suspensions. Stop deemed illegal. Charge dismissed.

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.