Category: Oui Case Results

Driver stopped for lanes violation by officer working special detail for “Driver Sober, Get Pulled Over” program. Driver admits to having two drinks and politely participates in field sobriety tests which are less than perfect given her age and overall nervousness. Post arrest breath test .09. Defense excludes breath test evidence prior to trial and utilizes booking video to show client’s apparent sobriety, demeanor, distress and overall nervousness throughout entire process. Not Guilty verdict following trial.

MA resident facing OUI 2^nd charge following single car accident. Defense obtains record of prior conviction where driver appeared “Pro se” without a lawyer at his arraignment and entered admission to OUI 1^st Offense. Client unaware that breath test evidence .17 was inadmissible at the time and he was otherwise completely unaware of the defenses he had available to challenge this OUI 1^st charge. Defense Motion to Vacate Plea allowed, OUI 1^st charge ultimately dismissed outright, converting pending OUI 2^nd charge to a true OUI 1^st.

Police follow driver for approximately 2 miles noting several encroachments on double yellow line and outside fog line. Driver admits to having several drinks at local tavern, but refuses field sobriety tests. Post arrest breath test .16 BrAc is excluded by defense. Refusal of Field Sobriety Tests not admissible in MA. Not guilty verdict following trial.

Police stop driver for drifting in lanes on highway. She admits to having glass of wine at family party, but she left after argument with her mother. Police allege she fails field sobriety tests and she refused post arrest breath test. Barracks equipped with video recording of booking process, but police fail to preserve and save recording for trial. Defense requests instruction from Court that Jury can draw adverse inference against government for failure tor preserve tape. OUI charge dismissed by prosecution after jury selection.

Police stop vehicle for marked lanes violations. Driver is underage with several passengers between 18-21. Officer notes strong odor of recently burnt marijuana. Driver admits he and passengers were “hot boxing” joint just before stop. Smoking joint with windows up. Young driver does remarkably well on field sobriety tests and post arrest Drug Recognition Evaluation (DRE) screen, as depicted on booking video. Defense prepared to challenge whether opinion of marijuana impairment and DRE evaluation are admissible. OUI Drugs charge dismissed prior to trial.

Driver stopped by police in early morning hours for speeding violation. Officer notes odor of alcohol emanating from driver and his glassy/bloodshot eyes. Officer inquires about destination and whereabouts. Driver admits to having a few beers earlier at his friend’s house, hours earlier and states he his headed home. Driver refuses to submit to field sobriety tests and post arrest breath test. Refusal evidence is not admissible at trial in Massachusetts. Not guilty finding verdict following trial.

Police respond to vehicle stopped in travel lane of road. Driver appears to be passed out and possibly suffering overdose on narcotics. Police try to speak to driver, but he is incoherent and non-responsive, falling in and out of consciousness. Driver is ultimately transported to hospital for medical evaluation and police decide to issue summons for OUI Drugs Charge. Defense prevails on Clerk/Magistrate to deny application for criminal OUI Drugs charge due to lack of admissible evidence of impairment.