Category: DUI Case Results

N.H. resident has driving privileges suspended in Massachussetts following plea to OUI , under 21 charge. Months later stopped by N.H. police and charged with Operating After Suspension. Court finds client not guilty at trial. Defense rebuts presumption that client received notice of suspension of his N.H. driver’s license from the N.H. Department of Safety.

Client found not guilty following Superior Court jury trial. Prosecution cannot establish identity of the perpetrator. Defense presents evidence that client was wrongly singled out for prosecution without further investigation of other available suspects.

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.