board-certified-dui-defense-lawyer

DUI Defense Specialist – Board Certified

new-hampshire-massachusetts-dual-state

Tri State Protection for MA, NH, & ME

board-certified-dui-defense-lawyernew-hampshire-massachusetts-dual-state

Tri State Protection for MA, NH, & ME

DUI Defense Specialist – Board Certified

Proven Legal Protection in DUI Cases by the Best DUI Attorney in NH & MA

If you have been accused of drunk driving, there’s hope!

You might not have to plead out! Below is an extensive list of DUI cases and drunk driving cases in MA and NH that might have been plead out if they had been handled by some Attorneys. But Attorney Bowser will work diligently on your behalf in NH or MA DUI cases and drunk driving cases, and question every single claim of the Prosecution, piece by piece. In the more challenging cases, Attorney Bowser knows how to aggressively take drunk driving cases and DUI cases to trial and win. Let Attorney Bowser protect your legal rights in MA and NH. Call 1-888-526-9737 during the hours of 9AM to 5PM or send Attorney Bowser details of your arrest in the form to the right.

The Court Appearance List page depicts the wide geographic area his practice covers and the numerous Courts where he has regularly appeared to successfully fight for the protection of his clients in drunk driving and other criminal cases.

Because the Commonwealth of Massachusetts and the State of New Hampshire each have their own unique body of law applicable to the defense of drunk driving cases, a drunk driving attorney in NH or MA must be well-versed in both. There are major differences between the two states in the rules of criminal procedure, court rules, rules of evidence, and professional ethics.

Drunk Driving Defense Attorney Michael Bowser has tried to verdict hundreds of DUI cases in Massachusetts and New Hampshire and dealt with the complicated legal ramifications of a cross border defense practice.

Verdicts and settlements by year

20172016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001

NH DWI Charge Dismissed

January 2017

Police respond to report from off duty officer of Jeep operating without license plate lights and lane control issues. Officer stops Jeep and notes odor of alcohol from driver. He admits having one beer before leaving Massachusetts and tells officer that his two passengers are drinking. Defense prepared to argue Motion to Suppress that Police lacked grounds for Exit Order for Field Sobriety tests. DWI Charge dismissed prior to trial.

NH DWI Charge Dismissed

January 2017

Police respond to single car accident where vehicle struck pole. Officer notes driver is unsteady and had odor of alcohol about her, after she is cleared by EMTs. Driver admits to crashing car while distracted and she had one glass of wine before driving to meet her boyfriend at this college. Defense uses medical records to raise issue of head injury. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

January 2017

Driver stopped for speeding violation. Officer notes odor of alcohol emanating from vehicle. Driver denies drinking and explains that he is driving home his brother, who was drinking. Police allege driver fails portions of field sobriety tests and exhibits bloodshot/glassy eyes. Defense uses cruiser dash cam footage to counter police version of events. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

January 2017

Police investigate reported hit and run where a vehicle struck several parked cars and mailboxes in residential neighborhood. Some time later an Officer sees a truck with obvious damage parked in driveway in same neighborhood. Woman outside house tells police that the truck belongs to her husband and he has just arrived home. Police find husband passed out under table in house. He is aroused and becomes belligerent and combative and is ultimately arrested. Prosecution cannot prove operation, with no admissions from husband and wife’s legal exercise of her marital privilege to not testify. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

January 2017

Driver stopped on highway for speeding violation. Following roadside investigation, driver is arrested and charged with DWI. Due to no fault of his own, driver is not notified of correct arraignment date. Driver contacts Court and provides his correct contact information and address. State fails to bring complaint within prescribed period of time. Defense Motion to Dismiss for Violation of Speedy Trial Rights granted.

MA 1992 OUI Conviction Vacated

January 2017

MA resident stopped in NH and charged with DWI. NH DWI conviction will have 2nd Offense effect in MA due to prior conviction in 1992. Defense proceeds to trial on 2016 NH DWI, but guilty verdict returned after trial. (Counsel cannot win them all). Defense is able to re-open 1992 OUI CWOF disposition and vacate plea and finding due to faulty plea colloquy thereby avoiding two (2) year loss of license in MA and imposition of Ignition Interlock Device (IID) for two (2) years.

NH DWI Charge Dismissed

February 2017

Police investigate domestic disturbance outside concert venue. Woman involved is arrested on outstanding warrant. Police instruct her boyfriend to go back to hotel and not to drive due to his apparent intoxication. 2 hours later the same officer sees the defendant/driver sitting in a running vehicle outside the House Of Correction waiting to bail out his girlfriend. The client is arrested following field sobriety testing. DWI Charge Dismissed prior to trial.

NH DWI Charge Dismissed

February 2017

Police Officer notices pick-up truck stopped in middle of road. As officer proceeds on green light towards truck, it takes off a high rate of speed. Truck is stopped and Officer notes driver’s slurred speech and glassy/bloodshot eyes. There is an odor of alcohol coming from truck and an open beer can in center console. Driver refuses to take field sobriety tests, stating “I won’t pass the tests, I’ve had too much to drink.” DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

February 2017

Police stop vehicle for alleged excessive noise while exiting plaza at 2:30 a.m. Police detect odor of alcohol. Police allege driver states to them, “just arrest me, I’ve had too much to drink.” Driver does not participate in field sobriety testing and refuses breath test. Defense challenges credibility of police version of events, when they admit entire conversation with defendant, prior to arrest was not recorded in police report. Not Guilty Verdict following trial.

MA OUI Drugs Charge Dismissed

February 2017

Driver pulls over when he sees blue lights behind him. Police actually targeting car in front of him. When police instruct him to leave he bumps into cruiser with his car. Police approach again, and now note odor of burnt marijuana. Driver admits to just smoking a joint after buying marijuana in city. Police tow driver’s car and make him wait for ride. No arrest made, but client later summonsed to Court to answer complaint charging OUI Drugs. Defense Motion to Dismiss charge granted by Court.

Not Guilty Verdict NH DWI Charge

February 2017

Police stop driver for speeding. Officer recalls she earlier spoke to driver on sidewalk because he was involved in verbal argument with his girlfriend. Police suspect driver is impaired because he is upset, smells or alcohol and admits to drinking earlier. Defense utilizes booking video at trial to show client’s demeanor, behavior and attitude after arrest. Client also testifies that he was emotionally distraught after break up with girlfriend and not impaired by alcohol. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

February 2017

MA resident stopped by police for speeding. Driver admits to drinking earlier and that he is just trying to get home after spending time at friends house. Driver submits to field sobriety testing and fails each according to police. Driver refuses post arrest breath test. Defense is able to negotiate dismissal of DWI criminal charge with referral of client to Veteran’s Court Program

Not Guilty Verdict MA OUI Drugs Charge

February 2017

Police stop driver during early afternoon when concerned citizen calls police to say driver is acting erratically in parking lot across the street from pharmacy. Car is stopped in middle of road when police arrive. Driver submits to field sobriety testing but is 0.00 on breath test. Police suspect she is under the influence of combination of prescribed drugs. Prosecution cannot prove impairment of any particular substance at trial. Not Guilty Verdict. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident driver with prior Florida DWI.

NH DWI Charge Dismissed

February 2017

Police stop MA Driver for marked lanes violation. Driver displays odor of alcohol and glassy/bloodshot eyes and tells Officer he is just coming back to rental house from buying liquor. Driver complains about flashing lights during HGN test and only completes Walk and Turn Test before refusing remaining tests, including breath test. DWI Charge dismissed prior to trial. Lifetime lookback effects of Melanie’s Law avoided for this MA resident (NH DWI Would have triggered two 2 year loss of MA License) with prior Continued Without a Finding (CWOF) disposition on an OUI.

NH DWI Charge Dismissed

February 2017

Police stop driver for failure to come to complete stop at Stop sign. Driver denies drinking that evening but his passenger is quite vocal and claims she is drunk and her boyfriend is “Fine to Drive.” Backup is called so field sobriety tests can be conducted without interference from passenger. Driver is arrested after police allege he fails roadside tests. Defense prepared to argue Motion to Suppress alleging police lacked reasonable suspicion that driver was impaired by alcohol and exit order for field sobriety testing was illegal. DWI Charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

February 2017

Police respond to report of woman passed out/asleep behind wheel in rush hour traffic on Main Thoroughfare. First officer on scene notes driver is lethargic, confused and appears with glassy/bloodshot eyes and slurred speech. He does not note odor of alcohol. 2nd Officer makes same observations and determines driver failed field sobriety tests. Neither Officer notes odor of alcohol in testimony or relates driver’s symptoms to alcohol intoxication, only that she appears “impaired.” Defense Motion for Required Finding of Not Guilty at close of all Evidence Granted by Court.

NH DWI Charge Dismissed

March 2017

Driver stopped by police at Sobriety Checkpoint/Roadblock. Officer notes odor of alcohol and driver’s red/glassy eyes. Driver admits to having two beers at concert, which he just left venue with wife. Driver takes HGN test but then refuses remaining field tests and breath test. Defense points out that driver is disabled and his walking cane is found in car. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

March 2017

Police stop motorcyclist for illegally extended handlebars. Officer notes odor of alcohol and driver’s glassy/red eyes. Driver only give’s Officer one word responses and refuses to participate in Field Sobriety Tests. Driver willing to submit to post arrest breath test, but Officer insists upon Blood Test, which driver refuses. Defense files Motion to Dismiss, arguing Police lacked probable cause to arrest for DWI. Cruiser video is critical to analysis of roadside encounter. Prosecution takes no position on Motion to Dismiss. DWI charge dismissed by Court

Not Guilty Verdict MA OUI Charge

March 2017

Police respond to scene of motorcycle crash on highway off-ramp. Driver refuses medical attention, admits to drinking in Boston prior to crash and fails field sobriety tests. During booking process, driver complains of pain and he is transported to hospital where he is diagnosed with several fractured rips and punctured lung. Hospital blood analysis is above .20 BAC. At trial, Prosecution cannot offer evidence of blood test results without expert witness. Records of injury otherwise admitted by defense for effect upon field sobriety tests. Not Guilty verdict following trial.

NH DWI Charge Dismissed

March 2017

MA Driver stopped in NH in October 1999 and charged with DWI Subsequent Offense. He fails to appear for trial date NH Court. In 2016 Counsel advises him to appear in NH Court to address default, recall warrant and resolve the outstanding DWI charge. Defense negotiates a non-dwi disposition. Driver later able to reinstate Massachusetts Driver’s license without further negative consequences under Melanie’s Law Lifetime Lookback provisions.

NH DWI Charge Dismissed

March 2017

Police stop moped operator for faulty headlight. Driver admits to consuming 3-4 beers and he takes field sobriety tests, passing the one-leg stand test but failing the walk and turn and HGN test. Portable Breath Test (PBT) on scene is .08. Post arrest breath test .07 BrAC. Defense prepared to argue PBT is inadmissible. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

March 2017

Driver stopped for marked lanes violation. Police note odor of alcohol and glassy/bloodshot eyes. Driver seems confused as to his destination and route he is taking home. He claims he is lost. Driver struggles with field sobriety instructions and performance. Defense utilizes expert witness to explain defendant’s ADHD and how it would negatively impact field sobriety testing. Not Guilty Verdict following trial. Lifetime Lookback effect of Melanie’s Law avoided.

Not Guilty Verdict NH DWI Charge

April 2017

Police stop driver for speeding and following too closely. Officer notes driver’s slurred speech, glassy eyes and odor of alcohol. Driver admits to having large glass of wine after works with friends and that she is in a rush to get home to let out her dog. She repeatedly tells police she is nervous and scared. Post arrest breath test .12 BrAC excluded by defense for violation of required observation period by breath test machine operator. Defense focuses on reasons for difficulty with field sobriety tests other than alcohol. Not Guilty finding following trial.

NH DWI Charge Dismissed

April 2017

Police stop vehicle after seeing it roll through stop sign and then stop abruptly in downtown traffic circle. Driver admits to police that he drank one beer at home and another at a local bar where he went to pick up his friends. Police allege driver does poorly on field sobriety tests. Defense uses booking video to show driver’s apparent sobriety, including logical and clear conversation with police. DWI charge dismissed prior to trial.

MA OUI Charge Dismissed

April 2017

Police pull over vehicle after it is reported that driver struck barrier pole in parking lot. Driver submits to field sobriety testing and is arrested at scene following police investigation. At least three (3) officers are involved in the stop, investigation and arrest. At third scheduled Motion To Suppress date where defense will challenge validity of stop, police witnesses fail to appear. OUI charge dismissed for lack of prosecution by Order of Court.

NH DWI Charge Dismissed

May 2017

Police respond to report of minor collision in parking lot of Ferry/Charter Fishing parking lot. Client admits to drinking on fishing trip and police allege he appears with glassy/bloodshot eyes, odor of alcohol and slurred speech. Necessary witness to operation and crash is never identified by Police. DWI Charge dismissed prior to trial.

NH DWI Charge Dismissed

May 2017

Police respond to multiple reports of crash on highway. Driver found in breakdown lane in vehicle with heavy front-end damage after crash into Jersey barrier. Driver claims he was cut off by another car that left the scene. Police allege driver fails field sobriety tests after admitting to having a few drinks that afternoon. Conflicting 911 reports substantiate defendant/driver’s account of 2nd vehicle causing accident and leaving scene. Defense presents medical records to confirm existence of client’s hip injury. DWI charge dismissed prior to trial. Lifetime Lookback effect of Melanie’s Law avoided for MA Driver.

NH DWI Drugs Charge Dismissed

May 2017

Police stop driver on highway following citizen cell phone report of hazardous operation and then observing her commit several marked lanes violation at approximately 9:00 a.m. Driver appears lethargic, with slurred speech and slowed reactions. Police allege she fails Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests, but she is 0.00 on roadside portable breath test (PBT). Driver refuses to submit to blood test but admits she takes several prescribed medications for anxiety and depression. DWI charge dismissed prior to trial.

NH Aggravated DWI Charge Dismissed

May 2017

New York resident stopped for Stop Sign Violation and charged with Aggravated DWI as post arrest breath test is .19 BrAC. Arrest occurs in 1997. Defendant driver defaults and leaves jurisdiction until 2017. Although police witnesses are still available to State, defense prepared to argue breath test results were faulty in 1997 and inadmissible in 2017 for same reason. Aggravated DWI and DWI charge dismissed prior to trial by agreement.

Not Guilty Verdict NH DWI Drugs Charge

May 2017

Police stop driver for marked lanes violation. Same officer arrested same driver for identical charge weeks earlier. Police note driver’s belligerent irrational behavior and foul language at roadside. Driver is arrested following field sobriety tests for DWI Drugs and Disorderly Conduct. Raucous, belligerent and profane language continues through post arrest Drug Recognition Evaluation at station. State is unable to prove what substance, if any, the defendant is impaired by, as DRE testifies that he suspects cannabis, “Spice”, Central Nervous System Stimulants and/or Central Nervous System Depressants possibly impaired the driver. Not Guilty finding following trial.

NH DWI Charge Dismissed

May 2017

Police stop MA driver after she remains stopped for 30 seconds at Green Traffic Signal. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver admits to “two small glasses of wine” at friend’s house and she explains she is struggling to find on-ramp for highway. Client does poorly on portions of field sobriety tests, but well on others. Defense utilizes booking video to show client’s normal speech, behavior and appearance following the arrest. DWI charge dismissed by agreement prior to trial.

Not Guilty Verdict MA OUI Charge

May 2017

Driver stopped by police on highway for speeding and failure to dim high beams as he approached cruiser from behind. Police note odor of alcohol and glassy/bloodshot eyes. Driver allegedly fails standardized field sobriety tests and post arrest breath test is .15 BrAC. Defense excludes breath test result in consolidated litigation challenge to scientific reliability of Draeger Alcotest 9510. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

May 2017

Police stop driver late at night because she is having difficulty maintaining lane control. The officer notes the driver emits an odor of alcohol and appears with red/glassy eyes. The driver consents to standardized field sobriety tests and is arrested. She misunderstands the implied consent process and refuses a breath test, incorrectly believing she will be entitled to a blood test which she feels is more accurate. Defendant/driver is prepared to testify that she was not impaired, but only extremely fatigued at the end of a grueling work week and recovering from the flu at the time of the stop. She informed the arresting officer of her condition at the time of the stop. DWI charge dismissed by negotiated agreement prior to trial.

NH DWI Charge Dismissed

June 2017

Police respond to call of hit and run accident where driver allegedly left scene of low speed rear end collision. Police find client driver a short distance from minor accident pulled to side of road. Driver admits to having two drinks at Mall while Christmas shopping. His eyes are red and glassy and he emits odor of alcohol. His speech is not slurred. Driver fails Horizontal Gaze Nystagmus Test and Walk and Turn but passes One Leg Stand. Defense files Motions to Suppress certain statements and to Challenge Search of Vehicle which disclosed Marijuana and open alcohol containers. DWI charge dismissed by negotiated agreement prior to trial. Previous six (6) month Administrative License Suspension (ALS) based on breath test refusal was vacated for lack for prosecution.

NH DWI Charge Dismissed

June 2017

Police Officer alleges driver passes by his parked location at a high rate of speed in the early morning hours. The Officer follows the client’s car for nearly ¾ mile without activating emergency lights and watches driver pull into gas station pumps. Police maintain visual contact with driver from across street as he pumps gas, enters and exits store, and meets with friends in parking lot. Finally, police approach and make contact and allege driver is unsteady, smells of alcohol and slurs his words. Driver refuses to participate in field sobriety tests, which is his right. Driver arrested and transported to station where he refuses breath test. Defense files Motion to Suppress to argue Police lacked legal grounds to approach, seize and arrest the defendant, given the passage of time since the alleged speeding violation. DWI charge dismissed by negotiated agreement prior to trial.

Not Guilty Verdict MA OUI Charge

June 2017

Police stop driver/client at 2:00 a.m. for taking turn without signaling against do not enter sign into fast food restaurant. Police allege driver is slow to produce documents, emits odor of alcohol, slurs his words and has difficulty with walk and turn, one leg stand and alphabet tests. Post arrest breath test reading is .13 BrAC. Defense excludes breath test evidence as scientifically unreliable prior to trial. At trial defense utilizes booking video that show client as coherent, steady with clear speech. Not Guilty verdict following jury trial.

Not Guilty Verdict MA OUI Charge

June 2017

Police respond to report of single car rollover accident in late afternoon. Driver is found in house of responding neighbor using the bathroom. He is led outside for field sobriety tests in the driveway of that house. Police allege he does poorly on standardized filed sobriety tests and his post arrest breath test is .09 BrAC. Defense excludes breath test evidence prior to trial. Defense focuses cross exam on location of field sobriety tests following an accident in the midst of several police, emergency personnel and civilian witnesses. Defense also able to contrast the various descriptions of the driver’s appearance from police and civilians where signs of impairment vary greatly. Not Guilty verdict following jury trial.

NH DWI Charge Dismissed

July 2017

Police stop driver for displaying “extremely bright headlights.” Driver appears to have slurred speech, glassy/bloodshot eyes and an odor of alcohol emanating from his breath. Arrest follows standardized field sobriety tests. Defense prepared to challenge legality of initial vehicle seizure/stop with Motion to Suppress. DWI charge dismissed by agreement prior to trial.

Not Guilty Verdict MA OUI Charge

July 2017

Driver stopped for speeding and almost striking crosswalk cone. Officer notes odor of alcohol and odor of marijuana. Underage driver submits to field sobriety tests. Post arrest breath test .09 BrAC excluded by defense challenge to scientific validity of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

July 2017

Police respond to single car crash with vehicle off into woods against rock wall. Driver admits to drinking earlier and submits to field sobriety tests. Post arrest breath test .12 BrAC excluded by defense challenge to scientific validity of Draeger Alcotest 9510. Booking video used at trial to show defendant’s condition following arrest. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

July 2017

Police stop vehicle for marked lanes violations. Police note driver’s slurred speech, glassy/bloodshot eyes and odor of alcohol. Driver admits to drinking at friend’s house while they cleared brush. Open container found in console. Arrest follows field sobriety tests. Breach test .14 excluded by defense challenge to scientific reliability of Draeger Alcotest 9510 machine. At trial defense challenges validity of field sobriety tests given on grade of hill with driver complaining of flashing lights effecting his vision. Not Guilty Verdict following trial. Lifetime Lookback effect of Melanie’s Law avoided for this subsequent offender.

MA OUI Charge Dismissed

August 2017

Driver stopped at OUI Sobriety Checkpoint/Roadblock. Driver admits to drinking before leaving downtown bar, but she does reasonable well on field sobriety tests. Post arrest breath test .19 BrAC excluded by Defense challenge to scientific reliability of Draeger Alcotest 9510 machine. OUI Charge dismissed by Court when Prosecution is unable to go forward with necessary witness at trial.

NH DWI Charge Dismissed

August 2017

Police approach driver stopped in parked vehicle in closed convenience store parking lot. Police allege this is high crime area with history of break-ins. Driver appears to be confused as to where he is, and police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Arrest follows standardized field sobriety tests. Defense uses cruiser video to analyze reasonableness of seizure. Motion to Suppress stop/seizure filed. DWI charge dismissed by agreement prior to trial.

NH DWI Charge Dismissed

August 2017

Police responding to report of man engaging in fighting behavioir and leaving scene on motorcycle. Police intercept driver leaving neighborhood. Driver admits to getting in verbal altercation and leaving house party voluntarily. He admits to drinking and probably being unfit to drive. Defense prepared to argue stop of motorcycle lacked reasonable articulable suspicion of criminal activity. DWI charge dismissed prior to trial by agreement. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident with one (1) prior OUI CWOF disposition.

Not Guilty Verdict NH DWI Drugs Charge

August 2017

Police stop driver for speeding violation. Officer notes strange odor emanating from vehicle consistent with “Spice” and notes driver’s fingers are stained brown. Several Spice packets are strewn about interior of vehicle. Police engage driver in field sobriety testing and Drug Recognition (DRE) Exam. Defense challenges validity of DRE protocol without expert witness support. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

August 2017

NY driver pulled over for speeding while driving company vehicle. Driver admits to drinking after work with colleagues and just trying to find his hotel. Driver is smoking cigarette, but Police still note odor of alcohol and glassy/bloodshot eyes. Police make arrest following field sobriety tests. Booking video is not preserved despite timely defense request to police/prosecution for the video evidence. DWI charge dismissed by agreement prior to trial.

MA OUI Charge Dismissed

August 2017

Police respond to report of minor collision in parking lot outside tavern. Driver appears with slurred speech, glassy/bloodshot eyes and unsteady gait. Arrest follows standardized field sobriety tests. Post arrest breath test .19 BrAC excluded by defense challenge to scientific reliability of Draeger Alcotest 9510. OUI charge dismissed for Lack of Prosecution when necessary witnesses fail to appear for scheduled trial.

MA OUI Charge Dismissed

September 2017

Police respond to scene of minor fender bender in Supermarket plaza. Driver admits to having a few drinks before returning to plaza to pick up his take-out pizza order. Police note odor of alcohol, glassy eyes and unsteadiness. Defense appears for trial on three (3) separate occasions, ready to challenge validity of field sobriety tests for 71 old driver and use booking video to show driver’s apparent sobriety. Necessary witnesses fail appear on each scheduled trial date. OUI charge dismissed by order of Court. Lifetime Lookback effects of Melanie’s Law avoided.

Not Guilty Verdict MA OUI Charge

September 2017

Police notice driver operating without headlights. When blue lights are activated driver takes very wide right turn off main road before stopping. Police note odor of alcohol from driver and his slow speech. Driver admits to drinking a “few Heinekens, his favorite.” Arrest follows standard field sobriety tests. Post arrest breath test .10 is excluded by Defense challenge to scientific reliability of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Not Guilty Verdict NH DWI Charge

September 2017

Police stop driver for speeding down on-ramp and onto highway. Young driver admits to drinking only “two” beers at sports bar. She claims she is unfamiliar with the posted speed limit. Defense focuses on the various disparities between standard filed sobriety results and fact that driver does not present with some of the classic indicators like slurred speech or glassy/bloodshot eyes. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

September 2017

Driver stopped at Roadblock. Police note odor of alcohol and glassy/bloodshot eyes. Driver admits to having a few beers in Boston before driving home. Driver arrested following one -leg stand and walk and turn test. Post arrest breath test results of .19 exluded by defense challenge to scientific reliability of breath test device and calibration protocol. Defense further offers medical records to establish existence of hip injury mentioned by driver during field sobriety tests. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

September 2017

Police respond to single car accident on highway. Driver reports crashing in to Jersey barrier in order to avoid a deer in the road. Police doubt his story and request field sobriety tests in light of his admission that he had a “few drinks”. Driver refuses medical treatment, agrees to field testing and is arrested. He refuses post arrest breath test. Defense provides prosecution with medical records documenting concussion from crash. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

September 2017

Police respond to citizen cell phone report of driver speeding and weaving in and out of traffic. Police respond to same area and observe vehicle having lane control issues. Driver is stopped but denies drinking anything, despite fact Police note and odor of alcohol coming from interior of vehicle. Driver claims he was not paying attention and was just in a rush to get home to Massachusetts following a family ski trip. Evidence from field sobriety testing is contradictory as the driver passes some tests but others indicate impairment. DWI Charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

September 2017

Police respond to report of possible intoxicated driver at State campground. Police arrive as driver is heading towards exit after refusing to pay entrance fee for facility, which is gated. Police stop driver and put him through field sobriety tests. Defense excludes statement of driver that he was drinking “Iced Tea” from cup found in center console. Not guilty verdict following trial. Prosecution cannot establish when the driver consumed alcohol. Lifetime Lookback consequences of Melanie’s Law avoided.

Not Guilty Verdict MA OUI Charge

September 2017

Driver stopped on Superbowl Sunday for Speeding violation. Police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Driver does poorly on field sobriety tests and later complains of anxiety and claustrophobia while handcuffed in police cruiser. Post arrest breath test results of .19 excluded by defense challenge to scientific reliability of breath test device and calibration protocol. Not Guilty verdict following trial.

Not Guilty Verdict MA OUI Charge

September 2017

Driver pulled over by police for speeding and marked lanes violations. Police allege he fails to stop immediately and then performs poorly on field sobriety tests. Driver tells police he suffers from Vertigo which causes him to have balance problems. Post arrest breath test of .14 set to be challenged due to driver’s Gastro-esophogeal reflux disease (GERD). Breath test evidence exclude by defense challenge to scientific reliability of breath test device and calibration protocol. Not Guilty verdict following trial. Lifetime lookback consequences of Melanie’s Law avoided.

NH DWI Charge Dismissed

October 2017

Police stop driver for operating without headlights. Car was one of thousands leaving concert venue in line of traffic. Driver admits to having “a couple” drinks at show. Police body cameras capture entirety of stop, interview and field sobriety tests. Defense prepared to use police video footage to challenge evidence of impairment. DWI charge dismissed prior to trial.

NH Aggravated DWI & DWI Charges Dismissed

October 2017

Driver pulls over to look at GPS. Police notice he’s stopped in front of side street intersection and begin to follow him when he pulls U-turn. Driver is on Fog line and Center line briefly, but not over either. Police initiate stop and note odor of alcohol, but no other indicators of impairment. Arrest follows field sobriety tests. Client admits to coming from Irish Pub (St. Patricks’ Day) and trying to find his way home. Post arrest blood test .16. Defense files Motion to Suppress to argue police lacked reasonable suspicion to initiate stop or make exit order for field sobriety testing. Aggravated DWI & DWI charges dismissed prior to trial.

MA OUI Charge Dismissed

October 2017

Driver stopped by police for numerous marked lanes violations. She is upset and crying and does poorly on field sobriety tests. Through challenge to scientific reliability of breath testing equipment and calibration protocol defense excludes .11 breath test evidence. OUI charge dismissed on day of trial for lack of prosecution.

Not Guilty Verdict MA OUI Charge

October 2017

Police stop client’s vehicle for defective headlight. Driver admits to drinking and prosecution admits evidence of failed one leg stand test and walk and turn test. Defense excludes evidence of .10 post arrest breath test through challenge to scientific reliability of breath testing equipment and calibration protocol. Not guilty finding after trial, lifetime lookback consequences and enhanced penalties of Melanie’s Law avoided.

MA OUI Charge Dismissed

October 2017

Driver stopped for multiple marked lanes violations after police notice he does not immediately yield lane for approaching ambulance. Driver is adamant that he is not impaired, but police arrest him following field sobriety tests. Post arrest breath test evidence .12 is excluded due to defense challenge to scientific reliability of breath test equipment and calibration protocol. OUI charge dismissed on day of trial for lack or prosecution. Collateral consequences and enhanced penalties of Melanie’s Law Lifetime Lookback provisions avoided.

MA OUI Charge Dismissed

October 2017

Police respond to report of rear end collision. Client admits that he struck car in front of him when traffic suddenly stopped on ramp to highway. He further admits that he was coming from live music show where he consumed beer and liquor. Defense excludes evidence of post arrest breath test .12 due to challenge of breath test device scientific reliability and calibration protocol. OUI charge dismissed for lack of prosecution on day of trial.

NH DWI Charge Dismissed

October 2017

Police respond to citizen cell phone report of erratic driver. Officer stops vehicle matching description in report after confirming several marked lanes violations. Driver is cooperative but speaking only Spanish. Officer notes open container in vehicle, and the driver’s slurred speech, glassy, blood shot eyes and odor of alcohol from his breath. Defense is prepared to challenge accuracy of field sobriety tests without interpreter. DWI charge dismissed prior to trial. Lifetime Lookback consequences of Melanie’s Law for Massachusetts resident avoided.

Not Guilty Verdict MA OUI Charge

November 2017

Police pass client’s vehicle driving 45 MPH in 30 MPH zone. After stop for speeding violation officer notes client trying to hand over license through closed window and then overwhelming odor of alcohol and glassy eyes when driver fumbles and finally opens window. Police allege driver presents with slurred, slow speech, fails Walk & Turn test, One Leg Stand Test and Alphabet test. Defense successfully excludes evidence of .12 post arrest breath test. Not guilty finding following trial. Subsequent offense penalties under Melanie’s Law Lifetime Lookback provisions avoided.

NH DWI Charge Dismissed

November 2017

Police watch client’s vehicle come to stop at intersection and then proceed. Short distance later car stops and driver and passenger get out of vehicle and switch positions. Police stop car based on this “suspicious” activity. Client/Driver, now in passenger seat admits to drinking and performs less than perfect on field sobriety tests. Arrest follows. Defense prepared to argue that stop of vehicle was without reasonable cause and defendant’s pre-existing medical conditions made him unsuitable candidate for field sobriety tests. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

November 2017

Driver stopped for speeding violation. Police note an odor of alcohol, glassy eyes and slurred speech from the driver. Client admits to drinking earlier, but not for several hours. During field sobriety testing the driver discloses prior ankle injury from work place incident but attempts one leg stand and walk and turn test. Defense negotiates dismissal of DWI charge prior to trial.

Not Guilty Verdict MA OUI Charge

November 2017

Police stop client’s vehicle for speeding and marked lanes violations. Driver is asked to exit to perform field sobriety tests after police notice an odor and alcohol emanating from his breath, his glassy eyes and somewhat slurred speech. Police officer admits he does not include all of the statements made by the driver in his report, but does include his alleged admission “we both know I’ve had too much to drink.” Defense efforts to challenge scientific reliability of Draeger Breath Test Device results in .12 BrAC breath test being excluded as evidence. Defense focuses on field sobriety testing as routine activity only for Police Officers and incomplete nature of investigation. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

November 2017

Driver stopped for speeding and passing too closely to tractor trailer on highway. Client admits to drinking and submits to standard field sobriety tests. Police allege he fails testing and is very unsteady at roadside, and that he presents with glassy eyes and an odor of alcohol. Defense challenge to scientific reliability to Draeger breath test device results in .11 Breath Test result being excluded as evidence. Booking video utilized by defense to show client’s apparent sobriety, coordination and balance immediately following the arrest. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

November 2017

Driver stopped at Sobriety Checkpoint Roadblock. He admits to screening officer that he had a couple of drinks at concert and is returning home with his girlfriend. Police note the standard clues of impairment to include slurred speech, glassy/bloodshot eyes and an odor of alcohol. Driver does reasonable well on fields sobriety tests but is .10 BrAC on both Portable Breath Test (PBT) and post arrest breath test. PBT evidence is not admissible in Massachusetts. Defense challenge to scientific reliability of Draeger Device excludes post arrest breath test evidence .10. Defense focuses on good driving performance through checkpoint and screening areas and field sobriety testing as recorded by police. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI Charge

November 2017

Police stop vehicle after witnesses it ride up on curb and return to roadway. Driver admits to having a few beers and a couple of shots while watching the Bruins game. Police note his slurred speech and glassy eyes. Driver tells police he has a history of knee problems but completes the field sobriety testing sequence anyway. Arresting Officer attributes her less than perfect performance to alcohol impairment. Defense submits medical records to substantiate knee injury and booking video which shows client minutes after the arrest, cooperative, coherent, steady on his feet and clear and responsive in his speech. Not Guilty Verdict following trial. Earlier finding on OUI Charge in 2002 was vacated by defense due to invalid plea colloquy to avoid lifetime lookback effect of Melanie’s Law.

NH DWI Charge Dismissed

November 2017

Police respond to 911 call from teenager who reports his father is ill and passed out behind the wheel. Driver is found parked a short distance away walking back to his car from highway rest area. Police note an odor of alcohol and driver admits to drinking a few beers hours earlier. Officer investigates further and learns that driver did feel lightheaded and blacked out in the breakdown lane before making it to the rest area. Arresting officer admits at Administrative License Suspension Hearing that he was unsure whether he had probable cause to arrest until the driver submitted to a Portable Breath Test .11. That test later deemed inadmissible. With medical documentation of a recently diagnosed fainting disorder the Defense negotiates dismissal of DWI Charge prior to trial.

Not Guilty Verdict MA OUI Charge

November 2017

Police stop driver for traveling over center line. Police detect odor of alcohol and slurred speech from the driver, who admits he drifted over line while holding phone and trying to light cigarette. He also admits he was returning home having met friends out earlier for drinks. Police allege driver fails standard battery of field sobriety tests and his post arrest breath test is .14 BrAC. Defense challenge to scientific reliability to Draeger breath test device and Office of Alcohol Testing Calibration protocol results in breath test evidence being excluded. Defense uses booking video to show client’s coordination, balance and apparent sobriety during booking sequence. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

December 2017

Police begin to follow driver for marked lanes violations and then observe her stop and apparently vomit onto roadway from driver’s seat. Cruiser video depicts the driver being somewhat confused and unsteady as she exits to speak with the Officer. Video also records Officer telling driver she cannot leave and she must wait for a second officer to arrive before they begin field sobriety testing. Defense prepared to argue that field sobriety testing was inadmissible at trial because it was custodial without implied consent warnings and all statements after exit order must be suppressed without proof of valid Miranda warning and waiver. Defense negotiates dismissal of DWI Charge prior to trial.

NH DWI Charge Dismissed

December 2017

Biker stopped by Police during Laconia Bike week for red light violation. Driver admits to drinking earlier and is simply following friends back to their campsite. Client submits to field sobriety testing and is arrested and transported to local police station. Post arrest breath test result is .10. Booking video utilized by defense at Administrative License Suspension Hearing to prove arresting officer/breath test operator did not observe the subject prior to the test as required and driver testifies that he was never asked or instructed to remove chewing tobacco from his mouth. ALS suspension vacated. DWI charge dismissed prior to trial.

MA OUI Drugs Charge Dismissed

December 2017

Police respond to multiple 911 calls of driver weaving across highway lanes and finally crashing into inside guardrail and snow bank. Police find driver outside of damaged car trying to re-enter vehicle and leave. Driver is reported to be confused, lethargic and argumentative, but there is no evidence of alcohol impairment. Police suspect, based on driver’s pinpoint pupils that he is impaired by some controlled substance. Defense files Motion in Limine to exclude any unfounded opinion evidence regarding impairment by any substance, other than alcohol. Government did not disclose an expert witness qualified to state such an opinion. Prosecution agrees to dismiss OUI Drugs Charge on trial date.

NH DWI Charge Dismissed

December 2017

Police respond to two car collision at five way intersection. Driver self extricates from rolled over pickup truck, but he is clearly injured and groggy. He does admit to consuming a beer earlier after hockey and that he thought he had right of way at confusing intersection. Truck is full of tools, hockey equipment and a few empty beer cans. Driver refuses to submit to blood test at hospital. State has missing witness issue that is disclosed prior to trial. DWI charge dismissed.

Not Guilty Verdict MA OUI Charge

December 2017

Police pull out to follow driver with defective headlight. He slows in presence of marked cruiser but otherwise drives normally. Driver states he pulled off highway to rest following long drive home from Patriots game. He admits to drinking at the game, but not for quite some time. Driver does reasonable well on field sobriety tests and discloses his history of knee problems. Defense Motion to Exclude Breath Test for failure to establish valid 15 minute observation period is granted. At trial defense submits medical records to establish history of knee injury. Not Guilty finding following trial.

Not Guilty Verdict MA OUI

December 2017

Police respond to reported hit and run on highway off ramp. Reporting driver followed client to house short distance from off ramp and blocked her car in driveway until police can respond. After a brief investigation police make OUI arrest and client submits to .22 Breath Test at station. Breath Test evidence excluded by defense challenge to scientific reliability of Draeger breath test device and Office of Alcohol Testing protocol. At trial, citizen/cell phone reporting driver fails to appear a witness and defense excludes his statements to police as Hearsay. Directed Verdict of Not Guilty entered by Court when Prosecution rests without sufficient evidence of Operation of a Motor Vehicle on a Public Way. Lifetime lookback consequences of Melanie’s Law avoided.

NH DWI Charge Dismissed

December 2017

Driver stopped for speeding. Arrest follows standardized field sobriety tests. Driver initially submits to breath test sequence at station but machine reports “invalid sample,” despite reported .09 printed result. Driver refuses to participate in subsequent re-test. Defense prepared to argue that reported results from 1st test are inadmissible. DWI charge dismissed by agreement prior to trial. Lifetime Lookback effect of Melanie’s Law avoided for this MA Resident with one (1) prior OUI disposition in MA.

MA OUI Charge Dismissed

January, 2016

Police respond to report of accident where one car backed up into the reporting person’s car outside of a busy downtown nightclub. The reporting witness claims that the client switched seats with the passenger after the collision but before the police arrived. The scene is chaotic with reported fights in the street outside of the club. The defense challenges the witness’ ability to identify the client as the actual driver which he cannot do during a non-suggestive identification process on the day of trial. OUI charge dismissed for lack of prosecution. Enhanced Lifetime Lookback Consequences under Melanie’s Law avoided.

NH DWI Charge Dismissed

January, 2016

Police respond to report of injured party falling out of golf cart at a home on a private way in NH. Driver admits to consuming alcohol and is arrested following filed sobriety tests. Issues of public way and operation of a motor vehicle are contested but New Hampshire law is decidedly against the defense based on recent NH Supreme Court decision. Defense negotiates dismissal of DWI charge prior to trial.

Not Guilty Verdict MA OUI Charge

January, 2016

Driver stopped by police for failure to display proper registration and plates, but no erratic operation. Officer notes odor of alcohol, glassy eyes and slurred speech and that driver appears highly nervous and/or agitated. Driver denies drinking and he collapses twice once outside of car. Police allege he passed out, while defense contends he fainted or was ill. Not guilty verdict following trial.

NH Administrative License Suspension (ALS) Vacated

January, 2016

Massachusetts driver involved in single car accident in NH. Following transport to hospital for minor injuries driver consents to police request for blood test. Defense conducts Administrative License Suspension (ALS) hearing at NH DMV to challenge six (6) month loss of driving privileges. State’s witness is not able to establish validly conducted blood test without necessary witness from State Laboratory. NH ALS suspension vacated and reciprocal suspension of Massachusetts Driver’s license avoided.

NH DWI Charge Dismissed

January, 2016

Massachusetts driver stopped by New Hampshire police and charged with DWI. Standard allegations of odor of alcohol, slurred speech and unsteadiness and difficulty with field sobriety tests. Defense insists upon trial date before District Court on NH DWI charge. State is unable to go forward at trial date due to unavailable witness. Defense negotiates dismissal of DWI charge which avoids Enhanced Lifetime lookback consequences under Melanie’s Law for Massachusetts resident because of prior continuance without a finding (C.W.O.F.) disposition on an earlier MA OUI Charge.

Not Guilty Verdict MA OUI Charge

January, 2016

Driver stopped when he passes too closely to cruiser on side of road and then allegedly drives over double yellow line nearly striking another oncoming cruiser. Defense succeeds in suppressing some post arrest statements and the .24 breath test evidence. Police allege driver is unsteady, confused and slurring his words roadside. Defense uses booking video to refute these allegations. Not Guilty verdict following trial. Enhanced Lifetime lookback consequences under Melanie’s Law avoided.

NH DWI Charge Dismissed

February, 2016

Massachusetts driver is arrested for DWI in New Hampshire in 1995 but fails to ever appear in Court on the charge. Massachusetts Registry of Motor Vehicles will not reinstate driver’s license in MA until he clears NH DWI matter. Counsel appears with client to clear default and remove warrant in NH Court. Despite age of case, Police witnesses are still available and prosecution is determined to go forward. Defense negotiates outright dismissal of DWI charge. Enhanced Lifetime lookback consequences of Melanie’s Law avoided, due to client’s prior record of OUI matters.

NH DWI Charge Dismissed

February, 2016

Police respond to parking lot to investigate a reported fight between a female and her boyfriend. It is early morning hours, and the police tell both parties to return to their hotel room. Hours later the same parties are reportedly fighting in parking lot again, and have driven into the Police Department Parking Lot. The same police officer stops the client as she drives out of the police parking lot. After a brief investigation the driver is arrested and charged with DWI. The defense is prepared to argue a Motion to Suppress, alleging the police lacked reasonable grounds to stop and detain the driver, based on an anonymous report of another fight, between the driver and her boyfriend. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

February, 2016

Off duty police officer calls in erratic operator who is having terrible difficulty maintaining lane control on highway and upon exit to local roads during in mid-day traffic. Reporting party follows driver to store parking lot where he abruptly stops and appears to recline in driver’s seat and fall asleep. Responding local Police Officers wake driver and demand he exit to perform field sobriety tests. Driver refuses all testing and refuses to answer questions or allow search of his vehicle. Defense is prepared to argue fatigue was cause of erratic driving and client’s non-compliance with police demands for information is constitutional exercise of his rights, not evidence of “consciousness of guilt.” DWI charge dismissed prior to trial.

MA Chemical Test Refusal Suspension (CTR) Vacated

February, 2016

Police respond to report of crashed vehicle engulfed in flames. Driver is found nearby, unhurt, but apparently highly intoxicated. Driver refuses medical treatment and is subsequently arrested and transported to police station for booking. Police allege driver is in and out of consciousness during booking, but she agrees to take a breath test. During breath test sequence the driver vomits into breath test tube. The police deem her a “refusal” and impose a 180 day Chemical Test Refusal Suspension through the Registry of Motor Vehicles. The RMV Hearings Division upholds the suspension. Counsel successfully appeals the decision to the local District Court which reverses and vacates the 180 Chemical Test Refusal Suspension.

NH DWI Charge Dismissed/NH ALS Suspension Dismissed

February, 2016

MA resident stopped by NH Police and charged with DWI. Post arrest breath test result .10 BrAC. Defense conducts ALS hearing at NH DMV and defeats six (6) month Administrative License Suspension (ALS) because state does not properly document breath test results and machine calibration. DWI charge is later dismissed for lack of prosecution because arresting officer is not available as necessary witness. All reciprocal suspension time in Massachusetts is avoided.

MA OUI Charge Dismissed

March, 2016

Citizen cell phone caller reports seeing a man walking off beach through sand with wet clothing in a staggered manner with fishing gear. Caller reports that driver appears intoxicated, but does not have any personal contact with the driver before he leaves beach parking lot. Police stop vehicle and make arrest based on cell phone report. Defense files Motion to Suppress arguing stop of vehicle by police based on vague and generalized cell phone complaint is illegal. Court grants Motion. OUI complaint dismissed. Lifetime Lookback impact of Melanie’s Law avoided.

Application for MA OUI Charge Dismissed

March, 2016

Police respond to report of two car collision in restaurant parking lot. Driver of suspect car has left scene before police arrive. Witnesses allege the driver was picked up by another car and had been seen at bar drinking before minor collision in lot. Driver contacts police next day, although she cannot be found at home night of accident. Criminal application for OUI charge dismissed for lack of probable cause of intoxication. Lifetime Lookback impact of Melanies’s Law avoided.

Not Guilty Verdict MA OUI Charge

May, 2016

Police notice driver with phone close to his face and text bubbles on phone visible to Officer as he drives alongside.  Driver stopped for texting while driving.  Officer notices odor of alcohol coming from driver and that he appears pale and sweaty.  Pieces of marijuana are strewn about driver’s clothing.  Driver exits car for field sobriety tests but tells officer he is going to be sick.  After dry heaving over guardrail he is placed in custody.  Driver then vomits in police cruiser.  Police allege driver is drunk and sick from over intoxication. Defense excludes as evidence reference to marijuana as possession is not a crime and there is no allegation the driver ingested or smoke marijuana.   Defense focuses on lack of medical intervention for, or inquiry abou,t general well-being and health of driver by police.  Not guilty verdict following trial.  Lifetime Lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

June, 2016

MA driver stopped by police for speeding near ski resort.  Officer notes odor of alcohol emanating from interior of vehicle.  Driver admits all four occupants drank beer following a day of skiing but Officer does not notice any other signs of impairment from driver.  Driver exits for field sobriety tests and later tests .10 BrAC following arrest.  Defense files Motion to Suppress to argue Officer lacked reasonable grounds for exit order and continued detention for field sobriety testing.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

June, 2016

Police respond to scene of single care rollover accident.  MA driver is found standing alone outside of car sometime after crash.  Driver is transported to hospital for medical treatment where he is met by investigating Officer.  Blood draw reveals .12 Blood Alcohol level.  Missing witness at trial leads to dismissal of DWI charge.

NH DWI Charge Dismissed

June, 2016

Driver stopped by police for failure to signal turn.  Officer notes odor of alcohol and glassy/bloodshot eyes.  Driver admits to having one beer with dinner after spending entire day in backhoe machine plowing snow.  Officer believes driver may have vomited on jacket.  Driver refuses breath test following arrest.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI

June, 2016

MA Driver stopped for lane control issues in early morning hours.  Driver denies having drank anything in several hours and simply wishes to return home to his wife in Massachusetts after dropping off his sister.  Arresting officer describes defendant’s performance on standard field sobriety tests, but does not draw a correlation between the driver’s performance on the tests, and impairment by alcohol, according to his training.  Despite poor performance, driver found not guilty on DWI charge following trial.

NH DWI Charge Dismissed

June, 2016

MA Driver stopped for failing to signal lane change and stop sign violation.  Police Officer notes slurred speech, and odor of alcohol and the driver’s red/glassy eyes.  After handing over license and registration the driver refuses to submit to field sobriety tests and is arrested.  Booking video show young woman upset and crying but not unsteady or staggered.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI Charge

June, 2016

MA Driver stopped by police at 9:50 a.m. for speeding.  Officer notes odor of alcohol from driver and that his speech is thick tongued and slightly slurred.  Driver denies drinking that day but admits he was up past midnight the night before drinking with neighbors.  Officer places driver under arrest following field sobriety tests in breakdown lane.  Truck handed over to driver’s wife, deemed sober, who was accompanying him to lake’s region for day of boating.  Driver refuses breath test.  Wife testifies at trial as to husband’s sobriety.  Cruiser mounted audio/video offered by defense as exhibit at trial.  Not guilty finding following trial.  Lifetime Lookback consequences of Melanie’s Law avoided.

NH DWI Charge Dismissed

July, 2016

Police stop driver for lane control issues.  Police believe driver is impaired by narcotics and/or prescribed medications, but it is obvious that he suffers from serious leg injury and walks with limp.  Due to fact that child is in car, defendant is arrested and charged with Aggravated DWI following field sobriety tests.  Defense prepared to argue injury make driver incapable of performing most field sobriety tests and the tests are not designed to determine impairment by any particular class of narcotics or prescribed drugs.  DWI charge and Aggravated DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Police respond to investigate report of driver slumped over wheel.  Police find driver at long line of traffic stopped at traffic light.  Driver’s side door is open and driver appears to be conscious with her head down.  Police note slurred speech and an odor of alcohol.  Driver admits she had two glasses of wine and is heading home.  She denies medical attention and also refuses field sobriety testing.  A short time later the driver appears relatively normal in segments of booking video.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Driver stopped for speeding on highway.  Police note odor of alcohol and driver’s red/glassy eyes.  He admits to “a few” beers.  Initially driver refuses to take field sobriety tests or preliminary/portable breath test.  Second Officer arrives and driver allegedly changes his mind to take tests.   Defense prepared to argue that field sobriety tests were coerced and non-consensual. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Police respond to area of citizen cell phone report of erratic operator by given vehicle description and plate number.  Police follow vehicle onto highway where they make observations of lane control issues.  After stop driver refuses to participate in field sobriety tests. Police notice odor of alcohol, slurred speech and unsteadiness upon exit. Driver refuses breath test at station.  DWI charge dismissed prior to trial.

MA OUI Conviction Vacated – Dismissed

July, 2016

MA driver facing consequences of Second Offense Under Melanie’s Law Lifetime Lookback provisions for 2016 OUI 2nd Offense.  Defense files Motion to Vacate 1992 OUI plea.  Motion granted and prior OUI disposition is vacated for unconstitutional plea procedure.  Charge then dismissed for lack of prosecution. 2016 Offense reduced to 1st Offense.

NH DWI Charge Dismissed

July, 2016

MA Driver stopped by police for failing to negotiate off ramp properly while driving too slowly.  Driver admits to talking on cell phone.  Officer notes odor of alcohol and red/glassy eyes.  Driver admits to drinking one (1) wine after work where she just left.  Driver arrested after field sobriety testing. Post arrest breath test .08 BrAC.  Defense uses booking video to demonstrate apparent sobriety and argue driver could have been under legal limit at time of driving.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

August, 2016

MA Driver stopped by police for Negligent Operation and Disobeying A Police Officer after he failed to pull over earlier for police attempting to effect a Speeding stop.  Second Oficer overheard “BOLO” report, or be on the lookout for this bike.  After arrest Officers’ note glassy/red eyes and odor of alcohol coming from driver at booking.  He submits to field sobriety tests at station, passing portions of each test.  Police allege he fails to properly blow into breath test device and deem him a refusal.  DWI charge dismissed prior to trial and ALS suspension vacated by agreement.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police for failing to yield to police cruiser while entering rotary.  Officer notes odor of alcohol, slow slurred speech and red/glassy eyes.  Driver admits to consuming “two drinks.”  Driver participates in some field sobriety tests but refuses to complete others.  Driver is emotionally distraught by end or roadside encounter.  DWI charge dismissed prior to trial.  Lifetime Lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped for speeding on motorcycle.  Police allege driver passed stationary cruiser at 82 MPH.  Once operator is stopped Officer notes and odor of alcohol and red/glassy eyes.  The driver initially denies drinking but later admits to having a drink with friends hours earlier.  Driver passes Horizontal Gaze Nystagmus test, but has some difficulty with Walk & Turn and One Leg Stand test.  Booking video show client steady and cooperative throughout booking process.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police because the plate attached to his girlfriend’s car did not match registration information on file with NH DMV.  Once stopped it is determined that clerical error at DMV led to incorrect registration information.  Officer notes “overwhelming” odor of alcohol coming from driver, who admits to drinking earlier in Boston.  Driver will not consent to field sobriety testing, claiming he is fine to drive and the tests are unnecessary.  Only when ordered from car does officer note glassy and red eyes.  No other indicators of impairment present. Driver is arrested after continuing to refuse field sobriety tests, and he does not consent to blood/breath test post arrest.  DWI charge dismissed prior to trial and Administrative License Suspension also vacated at DMV for lack of evidence of impairment.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police following citizen cell phone report of erratic operation.  Police confirm minor lane control issues before stop on busy highway.  Driver admits to drinking wine at party, but claims she is designated driver.  Police allege driver failed standard field sobriety tests.  Defense prepared to argue location of testing in breakdown lane was excessively loud, cold and close to traffic, and any difficulty with testing was due to nervousness, fear and embarrassment of situation. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI

September, 2016

Police respond to report of suspicious vehicle parked in secluded area of residential neighborhood.  Police find driver sleeping in car with engine running.  Once awoken they note odor of alcohol, slurred speech and glassy/bloodshot eyes.  Driver initially refuses to exit car for field sobriety tests, and then does so reluctantly.  Tests conducted in presence of three (3) police officers.  Driver claims she pulled over to gather herself after bad day at work, before going home a short distance up road.  Police find bottle of alcohol in front seat area of vehicle.  Defense argues there is no evidence of what the driver drank or when she last drank alcohol and evidence of impairment is offset by obvious evidence emotional distress and upset.  Not guilty verdict following trial.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police for proceeding wrong way on one way street coming off rotary.  Driver admits to drinking “two ciders.”  Police note odor of alcohol coming from vehicle with cooler inside containing unopened beers.  Driver scores 3 out of 6 clues on Horizontal Gaze Nystagmus test, fails walk and turn test, but passes one-legged stand test.  Preliminary/Portable breath test results .08.  Administrative License Suspension (ALS) vacated for lack of evidence of impairment and DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

September, 2016

Driver stopped for speeding infraction.  Police note odor of alcohol and driver admits to drinking “one beer, one hour ago.”  Although driver drops driver’s license while removing it from wallet there are no other indicators of impairment during initial police contact.  Driver is arrested following field sobriety tests.  Defense gathers medical records to document prior back issue which would affect field sobriety testing.  Defense also files Motion to Suppress to argue police lacked grounds of exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.  Consequences of subsequent DWI offense within ten (10) years avoided.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police for speeding and marked lanes violation.  Stop occurs as driver pulls into convenience store parking lot.  Driver has no difficulty with handing over documents.  Police note odor of alcohol and driver’s glassy eyes.  Post arrest breath test is complicated by failure of machine at arresting departments station.  Driver must be transported to another department for testing with result of .10 BrAC.  Defense prepared to argue arresting officer lack grounds for exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police after stopping in road, backing up, and pulling into apartment complex parking lot.  Police note odor of alcohol, slurred speech and admission to drinking.  Driver is arrested following field sobriety tests.  Defense prepared to argue Motion to Suppress arguing stop was not based on actual moving violation and also Motion to Exclude Breath Test Evidence because police misstated the law as to actual correct administrative penalties of test over legal limit.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

October, 2016

Driver stopped by police for alleged failure to signal lane change.  Driver admits to having one (1) drink after work as bartender, but otherwise refuses to answer any questions or participate in field sobriety testing.  Driver appears with normal speech and appearance in booking video.  DWI charge dismissed prior to trial.  Administrative license suspension (ALS) also vacated after DMV hearing for lack of evidence of impairment.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police for alleged wide right turn.  Driver admits to drinking at family party hours earlier.  Field sobriety testing completed and driver arrested.  Defense gathers medical records to show driver has several conditions, along with age, that affect her balance.  DWI charge dismissed before trial.  Administrative License Suspension also vacated by agreement due to new medical evidence.

NH DWI Charge Dismissed

October, 2016

Police respond to report of two (2) car collision in beach parking lot.  MA Driver standing outside vehicle admits that he was driving and each driver “hit” the other backing up at same time.  Police note odor of alcohol, glassy/red eyes and slurred speech.  Driver struggles with field sobriety tests.  Defense prepared to argue lack of evidence of operation without witness corroboration and driver’s learning disability hindered his comprehension of field sobriety test instructions.  DWI charge dismissed before trial.

Not Guilty Verdict MA OUI

October, 2016

Driver stopped by police following citizen cell phone report of lane control issues.  Police allege driver performs poorly on field sobriety tests before arrest.  Defense points out police followed driver for nearly five (5) miles before deciding to stop him.  Driver testifies that his operation was impaired by exhaustion/fatigue, not alcohol consumption.  Not guilty finding on OUI charge following trial.  Impact of Lifetime Lookback provision under Melanie’s Law avoided.

NH DWI Charge Dismissed

October, 2016

Police respond to scene of two car collision.  2nd driver claims other vehicle was “flying” and lost control coming into her lane sideways.  Driver of 1st car claims he was driving too fast and lost control when he reached for a cigarette.  Police detect odor of alcohol and glassy eyes, but driver denies drinking.  Driver also refuses all testing, including field sobriety tests and breath test.  DWI charge dismissed prior to trial for lack of evidence.

Not Guilty Verdict MA OUI Charge

November, 2016

Driver stopped by police following citizen cell phone report of erratic driving.  Officer finds vehicle, confirms lane control issues and makes highway stop.  Driver admits to drinking and claims she is lost trying to find her way from Providence to New Hampshire.  Police note odor of alcohol, glassy eyes and slurred speech.  Following filed sobriety testing driver arrested and submits to post arrest breath test of .13 BrAC.  Defense excludes breath test evidence through Motion to Suppress.  Court rules Police did not prove that a required valid 15 observation period preceded the breath testing sequence.  Not guilty finding on OUI charge following trial.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for marked lanes violation.  Police make arrest for DUI drugs alleging driver is under the influence of a controlled drug.  Driver is argumentative, profane and belligerent throughout roadside encounter, but participates in some field sobriety tests. Police fail to prove relevance of tests to impairment by drugs and ALS is vacated due to lack of reasonable grounds to believe driver is impaired.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for speeding.  Police make arrest for DUI drugs alleging driver is under the influence of “spice.”  During arrest and booking driver becomes increasingly uncooperative and agitated.  Rather than finish the implied consent process the arresting officer calls for backup at station, places driver in holding cell and deems him a “refusal” triggering a six (6) month ALS.  After hearing ALS vacated as police cannot prove driver refused requested chemical testing.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for wrong way violation and DWI investigation ensues.  Post arrest breath test results of .18 BrAC trigger two (2) year Administrative License Suspension through NH DMV.  ALS suspension vacated following ALS hearing when police do not meet burden to prove valid breath test result.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for marked lanes violation and DWI investigation ensues.  Post arrest breath test results of .16 BrAC trigger six (6) month Administrative License Suspension through NH DMV.  ALS suspension vacated following ALS hearing when police do not meet burden to prove valid breath test results.

NH DWI Charge Dismissed

November, 2016

Police observe vehicle stopped at red light and then proceed on green after short delay.  At next intersection vehicle turns right from center lane after signaling lane change to right turn only lane.  Once stopped police note odor of alcohol, glassy eyes and admission to “two drinks.”  Post arrest breath test .15 BrAc.  Defense files Motion to Suppress challenging legality of initial stop for alleged moving violations.  DWI charge dismissed before trial.  MA resident avoids further impact through MA RMV under Melanie’s Law and Lifetime lookback provisions.

Not Guilty Verdict NH DWI Charge

November, 2016

Driver stopped for excessive speed through left turn when he guns engine and causes rear end of truck to fishtail.  Driver participates in field sobriety testing after admitting to drinking, but strongly disagrees with Officer’s decision to arrest him.  Driver uses foul language and displays emotional swings during custody and booking.  At trial defense focuses on field sobriety tests and driver’s excessive weight and the adverse effect it would have on testing.  Also, argues 3-4 beers would not be impairing to such a large man.  Driver testifies as well and claims his behavior post arrest was due to anger and loss of emotional control due to ADHD.  Not Guilty verdict on DWI Charge following trial.

NH DWI Charge Dismissed

November, 2016

Police respond to report of driver passed out or sleeping in van in fast food restaurant parking lot.  Police find driver slumped behind wheel apparently sleeping with engine running.  Once awoken he appears sluggish and lethargic and there is an odor of alcohol.  Driver admits to drinking two (2) beers that afternoon and that he pulled over because he was not feeling well due to an adverse reaction to an intravenous medication.  Driver performs poorly on portions of field sobriety tests and refuses post arrest breath test.  Defense prepared to argue Police failed to properly investigate medication use and are unable to distinguish between effects of properly prescribed medication and alcohol use.  DWI Charge Dismissed prior to trial.

NH DWI Charge Dismissed

November, 2016

Driver stopped after driving through parking lot of closed tavern and making wrong turn from exit.  Driver admits to drinking at a concert venue earlier and police note an odor of alcohol and glassy eyes.  Driver does marginally well on parts of field sobriety tests but is arrested after failing Portable Breath Test (PBT).  Post arrest breath test is only .08 so Administrative License Suspension does not follow.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI Charge

November, 2016

Driver stopped on highway for expired registration and failing to signal lane change.  Officer notes glassy eyes and an odor of alcohol emanating from driver’s breath.  Driver admits to drinking a few beers and is arrested following field sobriety tests.  He refuses post arrest breath test because he doesn’t “trust the machine.”  Officer admits on cross exam that driver disclosed his prior leg disability and walked with a cane which was in the truck at time of stop.  Open container found during inventory search excluded as evidence at trial because of missing witness that conducted search prior to tow.  Not Guilty verdict on DWI Charge following trial.

Not Guilty Verdict MA OUI Charge

November, 2016

Police allege driver passes his stopped cruiser at a high rate of speed.  Officer leaves stop and follows driver for more than a mile with emergency lights activated.  Officer finally catches up with driver in parking lot of motel.  Driver is immediately handcuffed when he refuses to stay in car or participate in field sobriety tests.  Officer notes odor of alcohol, slurred speech and general unsteadiness outside car.  Defense uses video of route to shown officer never closed the distance with driver and driver could have missed cruiser’s lights behind him due to layout of roadway route.  Not Guilty Verdict Following Trial.  Lifetime Lookback effect of Melanie’s Law avoided.

NH DWI Charge Dismissed

November, 2016

Police respond to scene of single car accident.  Person identified as driver is receiving medical attention from EMTs.  He is bleeding from mouth but is otherwise released by EMTs for field sobriety tests.  Driver has open nip in his pocket and empty nip bottles in car.  Post arrest breath test discloses .16 BrAC.  Defense prepared to argue breath test is contaminated by bleeding mouth and field sobriety tests are inaccurate for driver involved in recent rollover accident.  DWI charge dismissed prior to trial.

NH Administrative License Suspension Vacated

December, 2016

Driver stopped for speeding violation driving home with his brother from night out.  Officer notes odor of alcohol, and glassy eyes.  Following arrest Officer allows driver to seek legal counsel over phone before making decision to take breath test.  Given early morning hours driver cannot find lawyer to answer call, but he does not refuse test, only asks for more time to seek counsel.  Driver not entitled to legal counsel during implied consent process in NH, but the Officer deemed driver a refusal after a short period of time without allowing adequate time for decision to be made.  Driver never stated he was refusing breath tes.  NH ALS Suspension vacated following DMV Hearing.

NH DWI Charge Dismissed

December, 2016

MA Driver found sitting in parked car outside NH restaurant.  Police responding to cell phone report that driver was wrong way on road and driving over a dividing median before entering lot. Driver admits that he is lost and searching on GPS when he entered road on wrong side of median.  Officer notes odor of alcohol and driver admits to drinking with friend before stop.  Police make arrest following filed sobriety tests, including standard balance and walking tests.  Officer admits at Administrative DMV Hearing that driver disclosed a fractured ankle during testing and had to return to car to put on removable cast during field tests.  DWI charge dismissed prior to trial.  Massachusetts life time lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

December, 2016

MA Driver stopped driving to her parents’ house based on cell phone report of erratic driving.  Police follow car and note lane control issues before stopping car.  Driver admits to drinking but claims solo cup in center console with liquid and ice was left there by her daughter earlier in the evening.  Driver refuses to participate in Field Sobriety Tests and Police make arrest.  Booking video is not preserved and produced despite timely request from defense counsel.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

December, 2016

Driver stopped around midnight for driving without headlights but no other erratic operation.  Officer notes odor of alcohol and driver admits to drinking earlier, but not for several hours.  Field sobriety tests are conducted and arrest follows.  Driver refuses to take breath test.  Booking audio/video is helpful to display driver’s demeanor, behavior, speech and comprehension.  DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

December, 2016

Police note vehicle stopped at side street entrance to main thoroughfare.  When Officer circles neighborhood and comes up behind same vehicle in this position couple minutes later he finds driver asleep behind wheel.  Young driver admits to falling asleep when he stopped to check phone for directions coming from family holiday party.  Driver admits to drinking several beers, but not for many hours.  Police note glassy eyes, odor of alcohol and poor performance on field sobriety tests.  Defense utilizes booking audio/video tape to show driver’s sober appearance minutes after the arrest.  Not guilty verdict following trial.

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Past successful case results are not a guarantee or promise of a similar result in your case. Each case is factually distinct with various applicable legal standards. Further, as a trial lawyer with the experience of hundreds of completed Jury and Bench DUI trials in Massachusetts and New Hampshire Attorney Bowser understands the risks associated with the adversarial trial process. Any lawyer who claims never to lose cases doesn’t really try cases, especially difficult cases. Anonymous factual/legal summaries are authorized in advance by clients.

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