Category: DUI Case Results

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.

Police stop 57 year old driver after he passes cruiser parked to block traffic at unrelated accident scene. Driver admits to one beer and one glass of wine. Defense submits driver had some difficulty with standard balance and coordination tests due to pre-existing back and knee problems. Defense utilizes booking video to demonstrate client’s sobriety. DWI complaint dismissed.

Client found not guilty at trial on DWI charge. Client stopped for speeding but no other erratic operation. Odor of alcohol, glassy and blood shot eyes observed by officer. Client admits to having “a few”. Field sobriety tests are conducted on roadway with substantial grade. Court not convinced beyond reasonable doubt that driver was impaired by alcohol in light of client’s performance on tests and evidence that hill would adversely effect client’s ability to perform standard field sobriety tests.

Defense’s Motion to Dismiss DWI complaint allowed by Court. Client charged with DWI following one car accident. Client’s car left roadway when she bent over at wheel to retrieve ringing cell phone. Defense argues accident due to inattentive driving and cell phone distraction. Police unable to conduct field sobriety tests or breath test. Client pleads guilty to lesser offense of Negligent Operation with no loss of license.

Defense wins Motion to Suppress. Client is passenger in truck stopped by police for failure to display license plate. During routine stop driver points out to officer temporary plate taped to inside of tinted rear window. Officer detects odor of marijuana coming from truck. Officer runs warrant and license check on driver and passenger then returns to truck. Officer asks driver to step from truck to show him that temporary plate not visible from rear of truck through tinted window. During this discussion outside truck officer observes passenger make an “unusual” movement while still seated in truck. Officer asks passenger to step from vehicle for search and sees marijuana pipe in client’s open pocket. Client arrested and charged with possession of drugs. Driver subsequently arrested for DWI Drugs. Court agrees with defense that police illegally prolonged and extended scope of routine motor vehicle stop.

Not Guilty verdict following jury trial. During traffic stop client tells police officer he drank seven beers. Defense presents evidence and testimony that consumption took place over several hours and client was not impaired by alcohol at time of stop.

Defense wins Motion to Suppress utilizing police cruiser video. Court agrees that police officer lacked sufficient facts to stop defendant. Client drove onto double yellow line four times without crossing it on rural winding road. Driver only crossed double yellow line when cruiser’s blue lights were activated.

Defense wins motion to suppress at trial. Defense argues stop, seizure and arrest of client at sobriety checkpoint roadblock illegal. State cannot prove selection of defendant from flow of traffic followed Court approved roadblock operational plan. Complaint charging DWI 1st Offense dismissed.

Defense wins motion to suppress at trial. Arresting officer stops client for crossing double yellow line once and straddling lane markers through two (2) intersections over one mile stretch of road. Only clues of intoxication after stop are an odor of alcohol and admission by client of having “one drink”. Court agrees that arresting officer did not have sufficient facts to allow traffic stop to continue and request driver to exit car for field sobriety tests.