Category: Oui Case Results

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.

Driver reports to elementary school for afternoon pickup of his children. He is told by school staff to return with another vehicle equipped with adequate seating for kids. School staff call police to await his return because they detected an odor of alcohol from driver/dad. Police arrest driver upon his return and find an open container containing alcohol in his personal vehicle and his glassy/bloodshot eyes. Driver refuses to take filed sobriety tests. Defense calls civilian witness/family member that responded to scene and finds driver upset, but not intoxicated. Booking video shows driver balanced, well behaved, cooperative and using his medicated eye drops to treat red, itchy eyes, as prescribed in his medical records. Refusal evidence not admissible in MA. Not Guilty verdict following trial.

Police respond to single car crash to find pickup truck disabled and damage along highway jersey barrier. Driver admits to drinking earlier and claims he was cut off by a “black” car that left scene. Defense challenges validity of field sobriety tests in cold, wet, interior breakdown lane of highway and offer pictures of damage to truck to substantiate black paint transfer by another vehicle. First trial results in hung jury and a declared mistrial. Not Guilty verdict following 2nd trial.