Category: Oui Case Results

Police respond to report of possibly intoxicated driver made by tow truck driver that assists in giving driver a jump start of his car. Although police immediately identify the reported car moving away from scene, they follow, without stopping, for approximately 2.5 miles, noting only minor speed deviations and drifting “within” his lane. Driver admits to two drinks at show with his wife. Police allege driver has odor of alcohol and slurred speech and performs less than perfectly on ABC test. He does not take one leg stand test or walk and turn test due to artificial hip and knee problems. Horizontal Gaze Nystagmus test and refusal of portable breath test not admissible in Massachusetts OUI prosecution. Not Guilty verdict following trial.

Police come upon disabled vehicle in break down lane of highway. Driver indicates he is OK and is simply waiting for AAA. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver’s account of hit and run accident does not match what officers see for damage. Driver arrested following field sobriety testing. Post arrest .15 breath test excluded by defense. Cross examination of arresting officer focuses on nature of field sobriety tests and driver’s actual passing performance on parts of these roadside examinations. Not Guilty verdict following trial. Lifetime Lookback enhanced penalties under Melanie’s Law avoided.

Police on early morning stationary patrol notice passing vehicle slow, turn and park behind cruiser. Driver exits and approaches officer asking for directions. Officer notes odor of alcohol and slurred speech and asks driver to return to his car. When back up arrives police put driver through field sobriety tests and make arrest. Breath test at station .28 is excluded by the defense. Booking video footage does not support police allegation that driver is unsteady. Empty nips in driver’s car cannot be used as evidence because officer that made inventory search of car post arrest is not called as witness. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.

Police respond to numerous reports of erratic operator making unsafe lane changes on highway. Driver stopped on offramp and appears extremely unsteady on his feet, with odor of alcohol and slurred speech. Post arrest breath test .11 is excluded by the defense. Search of vehicle discloses open wine containers, but officer who conducted inventory search is not called as witness at trial. Defense focuses on difficulty of field sobriety tests in breakdown lane of highway at rush hour and lack of video/audio recording of booking process. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.

Police stop to investigate motorcycle stopped on side of road. Driver is laying on grass near bike waiting for AAA and informs police the bike broke down. Civilian witness testifies that he attempted to help the driver and actually called AAA for him, providing the exact location. Police find driver to be confused about his actual whereabouts and he emits a strong odor of alcohol. Field sobriety tests result in client’s arrest. Post arrest breath test of .21 is excluded by the defense. Medical records offered by defense to substantiate client’s claim of bad knees. Not Guilty Verdict after trial. Lifetime lookback enhanced penalties under Melanie’s Law avoided.

Driver is involved in rear end collision on busy thoroughfare at 6:00 p.m. in evening. Admits to police he had “a couple” after work. Driver refuses field sobriety testing and is arrested. Police cite accident, odor of alcohol, “clumsy” walking and admission to drinking as grounds for arrest. Post arrest breath test of .08 is excluded by defense. Refusal evidence not admissible in MA. Not Guilty Verdict following trial.

Police stop driver after he reportedly side swiped another car on the highway and proceeded to drive several miles without stopping. Other vehicle follows client until police make stop. Driver participates in field sobriety tests and claims he didn’t realize his car “clipped mirrors” with the other car. Post arrest breath test. 12 is excluded by the defense. Booking video utilized to display the client’s demeanor, speech, balance, cognition and behavior. Not Guilty Verdict following trial.

Police stop driver for speeding in early morning hours. Officer notes odor of alcohol and driver’s glassy bloodshot eyes. Driver participates in field sobriety tests and police allege she fails horizontal gaze nystagmus (HGN) and walk and turn test, but passes one leg stand test. Portable Breath test (PBT) is .11. HGN and PBT are not admissible in MA. Defense excludes post arrest breath test of .09. OUI charge dismissed on day of trial for lack of prosecution.

Driver stopped on highway for several lane changes without signaling and drooping his speed well below the posted limit causing other cars to slow. Officer notes the driver is excitedly claiming he’s never had a ticket and that he’s chewing gum, presumably to cover the odor of alcohol. Driver admits to having a few beers. Client does well on portions of field sobriety tests, but blow .099 on Portable Breath Test (PBT). He is arrestee and submits to post arrest breath test of .10. Defense excludes post arrest test and PBT is not admissible in MA. Not Guilty verdict following trial.

Police respond to single car accident to find truck crashed through wrought iron fence. Client is found walking back towards the scene several minutes after the crash. He admits to drinking at his house where he is coming from and also earlier while golfing. Client admits to being the driver and is arrested for OUI charge. At trial Prosecution lack sufficient evidence to corroborate driver’s admission that he was the driver, as independent witness that called in crash was not identified. OUI Charge dismissed for lack of Prosecution at trial date.