Category: Oui Case Results

Police respond to scene of single car crash but driver not with vehicle. Civilian witness reports driver left scene on foot. Damaged truck matches earlier reports of impaired driver at convenience store and fast food drive through. Client is found at home short time later approximately 1 mile from crash scene. Refuses field sobriety tests, but makes several damaging statements to police. Post arrest breath test .12 is excluded as evidence by defense, as are several statements for Miranda violations. Not guilty verdict following trial. Enhanced penalties under lifetime look back provision of Melanie’s Law avoided.

Police stop driver for speeding violation in early evening. Driver denies drinking that day, but later admits that he had a vodka drink when he woke up. Driver explains he works nights into morning hours as a DJ and is currently on his way to gig. Arrest follows field sobriety testing. Inventory search of car discloses a few Gatorade bottles partially full of alcohol/Gatorade mixture and vodka bottle. Client admits he drinks after his shifts end. Defense excludes breath test evidence .17 and utilizes both cruiser and booking video to argue defendant’s apparent sobriety. Not Guilty verdict following trial. Enhanced penalties under lifetime lookback provisions of Melanie’s Law avoided.

Police respond to scene of single car crash. Only person on scene is found outside of damaged vehicle placing beer cans into a backpack. Police immediately recognize young man is injured and he is ultimately transferred to the hospital by ambulance for the treatment of injuries, including a fractured leg. Police due note an odor of alcohol, red/glassy eyes and slurred speech. Client refuses requested blood test at hospital. Government does not seek Judicial Order/Warrant for medical records. Trial concludes with Not Guilty verdict.

Police respond to scene of single car crash finding pickup truck in roadway after it struck rock wall. Police note strong odor of alcohol and driver’s difficulty with balance. Client refuses field sobriety tests and the post arrest breath test. Refusal evidence inadmissible in MA. Although driver admitted to being driver of truck and no other persons on scene, evidence at trial does not include admission and further lacks evidence tying client to vehicle and its’ operation. No percipient witness to crash. Prosecution fails to establish “operation” beyond a reasonable doubt. Not Guilty verdict following trial.

Police respond to single car crash that was initially reported to and investigated by neighboring NH police. Crash occurs on the border. MA police arrive to find single young man on scene, yelling, bleeding heavily from head wound and otherwise refusing medical treatment or to cooperate with police. Driver is arrested and forced to hospital via ambulance where his blood is seized for medical purposes, against his will. Warrant issued for .16 blood evidence. Defense prevails at trial because prosecution lacks admissible evidence to establish client was actually driving car. The uncorroborated admission to driving alone is legally insufficient. Not Guilty verdict following trial.

Police stop driver in early morning hours for speeding violation. Police are off put by driver’s refusal to speak with them and refusal to participate in field sobriety testing. Driver admits to one drink, and only agrees to field sobriety testing after his wife pleads with him to cooperate. Police note odor of alcohol, slurred speech and glassy eyes and the driver’s escalating belligerent behavior and language. Defense challenges validity of field sobriety tests and police version of events. Not Guilty verdict following trial.

Police respond to citizen cell phone 911 report of erratic operator displaying lane control issues. Police find vehicle and observe it driving over skip line straddling two lanes. Police make motor vehicle stop and note driver’s eyes are glassy/bloodshot and she has odor of alcohol coming from breath. Driver admits to consuming two vodka drinks at dinner. Driver attempts field sobriety tests despite telling police about multiple leg injuries. Post arrest breath test .15 is excluded as evidence by the defense prior to trial. Defense introduces certified medical records to document leg injuries. Booking video utilized to defense advantage as well. Not Guilty Verdict following trial. Lifetime Lookback effects of Melanie’s Law avoided.

Police officer monitoring traffic takes note of late model vehicle allegedly speeding on Main thoroughfare, but he is unable to initiate motor vehicle stop due to his current roadway position with another stop. Approximately one (1) hour later the same officer is called to assist with a domestic issue and the report of the wife being highly intoxicated. The responding officer recognizes the car in the driveway and the wife as being the same driver he saw earlier. There is evidence that she consumed wine at home and is highly intoxicated. Defense prevails on Clerk/Magistrate to deny application for OUI criminal complaint, due to lack of probable cause that driver was impaired earlier when officer observed her driving.

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.