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DUI Defense Specialist – Board Certified

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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 MA, NH, and ME

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, NH, and ME that might have been plead out if they had been handled by some Attorneys. But Attorney Bowser will work diligently on your behalf in MA, NH, and ME 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, NH, and ME. 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, the State of New Hampshire and Maine each have their own unique body of law applicable to the defense of drunk driving cases, a drunk driving attorney in MA, NH, and ME 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, New Hampshire, and Maine and dealt with the complicated legal ramifications of a cross border defense practice.

NH DWI Charge DismissedDecember, 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.

NH Administrative License Suspension VacatedDecember, 2017

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.

Not Guilty Verdict MA OUIDecember, 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.

Not Guilty Verdict MA OUI ChargeDecember, 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.

NH DWI Charge DismissedDecember, 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.

MA OUI Drugs Charge DismissedDecember, 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 DismissedDecember, 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.

NH DWI Charge DismissedDecember, 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.

Not Guilty Verdict MA OUI ChargeNovember, 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 DismissedNovember, 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 ChargeNovember, 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.

Not Guilty Verdict MA OUI ChargeNovember, 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 ChargeNovember, 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 ChargeNovember, 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.

NH DWI Charge DismissedNovember, 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.

NH DWI Charge DismissedNovember, 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.

Not Guilty Verdict MA OUI ChargeNovember, 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 DismissedOctober, 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.

MA OUI Charge DismissedOctober, 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.

MA OUI Charge DismissedOctober, 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.

Not Guilty Verdict MA OUI ChargeOctober, 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 DismissedOctober, 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.

NH Aggravated DWI & DWI Charges DismissedOctober, 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.

NH DWI Charge DismissedOctober, 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.

Not Guilty Verdict MA OUI ChargeSeptember, 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.

Not Guilty Verdict MA OUI ChargeSeptember, 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.

NH DWI Charge DismissedSeptember, 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.

Not Guilty Verdict MA OUI ChargeSeptember, 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.

Not Guilty Verdict NH DWI ChargeSeptember, 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 ChargeSeptember, 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.

MA OUI Charge DismissedSeptember, 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.

NH DWI Charge DismissedSeptember, 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 ChargeSeptember, 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.

MA OUI Charge DismissedAugust, 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.

NH DWI Charge DismissedAugust, 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.

Not Guilty Verdict NH DWI Drugs ChargeAugust, 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 DismissedAugust, 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.

NH DWI Charge DismissedAugust, 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.

MA OUI Charge DismissedAugust, 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.

Not Guilty Verdict MA OUI ChargeJuly, 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.

Not Guilty Verdict MA OUI ChargeJuly, 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 ChargeJuly, 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.

NH DWI Charge DismissedJuly, 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 ChargeJune, 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.

Not Guilty Verdict MA OUI ChargeJune, 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.

NH DWI Charge DismissedJune, 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.

NH DWI Charge DismissedJune, 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 DismissedMay, 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.

Not Guilty Verdict MA OUI ChargeMay, 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 DismissedMay, 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 NH DWI Drugs ChargeMay, 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 Aggravated DWI Charge DismissedMay, 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.

NH DWI Drugs Charge DismissedMay, 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 DWI Charge DismissedMay, 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 Charge DismissedMay, 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.

MA OUI Charge DismissedApril, 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 DismissedApril, 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.

Not Guilty Verdict NH DWI ChargeApril, 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.

Not Guilty Verdict MA OUI ChargeMarch, 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.

NH DWI Charge DismissedMarch, 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.

NH DWI Charge DismissedMarch, 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.

Not Guilty Verdict MA OUI ChargeMarch, 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 DismissedMarch, 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

NH DWI Charge DismissedMarch, 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.

Not Guilty Verdict MA OUI ChargeFebruary, 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 DismissedFebruary, 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.

NH DWI Charge DismissedFebruary, 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.

Not Guilty Verdict MA OUI Drugs ChargeFebruary, 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 DismissedFebruary, 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 NH DWI ChargeFebruary, 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.

MA OUI Drugs Charge DismissedFebruary, 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 MA OUI ChargeFebruary, 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.

NH DWI Charge DismissedFebruary, 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.

NH DWI Charge DismissedFebruary, 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 DismissedJanuary, 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.

NH DWI Charge DismissedJanuary, 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 DismissedJanuary, 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.

MA 1992 OUI Conviction VacatedJanuary, 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 DismissedJanuary, 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.

Not Guilty Verdict MA OUI ChargeJanuary, 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.

Not Guilty Verdict MA OUI ChargeDecember, 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.

NH DWI Charge DismissedDecember, 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.

NH DWI Charge DismissedDecember, 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 DismissedDecember, 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.

Not Guilty Verdict MA OUI ChargeNovember, 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.

Not Guilty Verdict NH DWI ChargeNovember, 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 NH DWI ChargeNovember, 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 Administrative License Suspension (ALS) VacatedNovember, 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 Administrative License Suspension (ALS) VacatedNovember, 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) VacatedNovember, 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) VacatedNovember, 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.

Not Guilty Verdict MA OUI ChargeNovember, 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 DWI Charge DismissedNovember, 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 DWI Charge DismissedNovember, 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.

NH DWI Charge DismissedNovember, 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 DismissedNovember, 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 MA OUIOctober, 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 DismissedOctober, 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.

NH DWI Charge DismissedOctober, 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.

NH DWI Charge DismissedOctober, 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 DismissedOctober, 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 DismissedOctober, 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 DismissedOctober, 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.

Not Guilty Verdict MA OUISeptember, 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 DismissedSeptember, 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 DismissedSeptember, 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 DismissedSeptember, 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.

NH DWI Charge DismissedSeptember, 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 DismissedSeptember, 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 DismissedSeptember, 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 DismissedAugust, 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.

MA OUI Conviction Vacated – DismissedJuly, 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 DismissedJuly, 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 DismissedJuly, 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.

NH DWI Charge DismissedJuly, 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 DismissedJuly, 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 DismissedJuly, 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.

Not Guilty Verdict NH DWI ChargeJune, 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.

Not Guilty Verdict NH DWIJune, 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 DismissedJune, 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.

NH DWI Charge DismissedJune, 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.

NH DWI Charge DismissedJune, 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 DismissedJune, 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.

Not Guilty Verdict MA OUI ChargeMay, 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.

Application for MA OUI Charge DismissedMarch, 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.

MA OUI Charge DismissedMarch, 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.

NH DWI Charge Dismissed/NH ALS Suspension DismissedFebruary, 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 Chemical Test Refusal Suspension (CTR) VacatedFebruary, 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 DismissedFebruary, 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.

NH DWI Charge DismissedFebruary, 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 DismissedFebruary, 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 DismissedJanuary, 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.

MA OUI Charge DismissedJanuary, 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 DismissedJanuary, 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.

NH Administrative License Suspension (ALS) VacatedJanuary, 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.

Not Guilty Verdict MA OUI ChargeJanuary, 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.

Not Guilty Verdict MA OUI ChargeJanuary, 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 DismissedSeptember, 2015

Police stop motorcycle for defective taillight. Police note an odor of alcohol coming from driver as he answers questions. When asked if he’d been drinking Driver responds, “yes, a couple gin & tonics, a few beers.” No other indicators of impairment are present during initial conversation. Driver is arrested following standard field sobriety tests. Defense ready to present evidence of driver’s medical history, including orthopedic surgeries. DWI charge dismissed prior to trial.

NH DWI Charge DismissedAugust, 2015

NH Police stop MA Driver for speeding 75 MPH in 55 MPH zone. Driver appears nervous and admits to drinking “three beers” at a concert that just finished. Police note an odor of alcohol coming from driver as he stands outside for field sobriety testing. Driver refuses PBT and post arrest breath test, but insists he is “fine to drive” to get home to his wife and kids. DWI Charge dismissed prior to trial. Lifetime Lookback impact under Melanie’s Law avoided.

NH DWI Charge DismissedJuly, 2015

Police respond to scene of single car accident and find small sports car smashed against rock wall with 2 men covered in dirt and debris walking around vehicle. One man admits to being driver and he is bleeding from head which is consistent with blood stains on driver’s side interior of car. While driver is tended to by EMT/medics passenger states they each had one scorpion bowl and a beer. After refusing further medical treatment or transport to hospital driver refuses all field sobriety testing telling officer to “f— off!” Up to this point driver exhibited odor of alcohol as he spoke and rude behavior. DWI charge dismissed prior to trial.

NH DWI Charge DismissedJuly, 2015

MA Driver stopped by NH Police for speeding 35 MPH in downtown area 25 MPH zone. Police Officer notes heavy odor of alcohol coming from driver as she speaks and extremely glassy/red eyes. Driver arrested following field sobriety testing. Certified Breath Test Operator brought in to Station to conduct 20 minute observation period and breath test. Officer notes that driver burped during observation period, but she “didn’t bring anything up from her stomach.” Test results .12 BrAC. Same “burp” issue already resulted in Administrative License Suspension (ALS) being vacated at NH DMV Hearing. Defense prepared to argue Motion to Exclude Breath Test Evidence at trial. DWI charge dismissed prior to trial.

MA OUI Conviction VacatedJune, 2015

MA driver with prior history of OUI convictions arrested for OUI 3rd Offense felony offense in 2014. Defense files Motion to Vacate prior 2007 OUI 2nd conviction based on an invalid plea colloquy conducted by presiding Judge at time of plea and sentencing. Motion to Vacate granted, 2007 prior conviction vacated and ultimately dismissed.

NH Administrative License Suspension (ALS) VacatedJune, 2015

MA Driver facing mandatory six (6) month Administrative Suspension based on post arrest breath result of .12 BrAC. State fails to prove valid test conducted due to missing evidence at Administrative License Suspension hearing. ALS vacated.

NH DWI Charge DismissedJune, 2015

MA Driver, age 18, stopped by police for speeding 85/55 MPH zone. Upon approach to vehicle Police Officer smells an odor of marijuana emanating from the vehicle. During subsequent roadside investigation driver is arrested for possession and transportation of drugs. At booking a second officer determines that he smells an odor of alcohol coming from driver, but first officer made no observations of impairment and/or consumption of alcohol. Driver submits to field sobriety tests and breath test at booking with reported .12 BrAC. Defense prepared to argue police lacked grounds to request field sobriety tests and breath test. DWI Charge dismissed prior to trial.

NH DWI Charge DismissedJune, 2015

Police stop driver at 1:00 a.m. for marked lanes and failure to signal violation. Driver appears with slurred speech, glassy/bloodshot eyes and odor of alcohol. He admits to two drinks. During field sobriety testing the driver becomes argumentative and the testing is stopped by police and he is arrested. Booking taped shows driver argumentative but not belligerent. Police deem his repeated questions about breath testing to be a refusal. DWI Charge Dismissed prior to trial.

NH DWI Charge DismissedJune, 2015

MA Driver stopped by NH Police for illegal U-turn. Police note driver’s red/glassy eyes, slurred speech and unsteadiness. Driver admits to being lost and having drank one (1) beer prior. Driver is arrested following field sobriety testing, although he tells police about medical conditions and medications that he takes. DWI Charge dismissed before trial. Lifetime Lookback penalties through MA RMV and application of Melanie’s Law avoided.

Not Guilty Verdict MA OUIJune, 2015

Police responding to report of erratic operator scour neighborhood looking for certain vehicle near home of registered owner. Short time later vehicle is stopped for speeding violation. Driver admits to drinking and participates in field sobriety testing. Arrest follows Preliminary Breath Test result .295. PBT not admissible as evidence at trial. Booking video depicts driver having apparent anxiety attack. Defense focuses on driver’s emotional/mental well-being versus intoxication. Not guilty verdict following trial. Lifetime Lookback impacts under Melanie’s Law avoided.

NH DWI Drugs Charge DismissedMay, 2015

Police approach area of motor vehicle stop where Officer from neighboring cross-state border town has stopped driver. Driver allegedly involved in hit and run accident in Massachusetts town. NH officer notes driver’s glassy/red eyes and pin point pupils. Driver allows her car to roll backwards in the Massachusetts patrol car while the Officers confer. Unused syringes found in car, but driver refuses all field and chemical testing. DWI Drugs Charge dismissed prior to trial.

Not Guilty Verdict NH BWI (Boating) ChargeApril, 2015

Vessel operator runs aground near his home at night returning from dropping off friends. Responding Marine Patrol investigate crash and arrest operator following his admission that he drank earlier in the day. Some signs of alcohol impairment are present, but operator obviously injured in crash that caused heavy damage to cockpit of vessel. Defense presents evidence of facial/head injury and expert medical witness to explain the presenting symptoms of concussion, which are nearly impossible to distinguish from intoxication. Not Guilty Verdict on BWI charge following trial.

Not Guilty Verdict NH DWI ChargeApril, 2015

Driver stopped while riding motorcycle with friends at Bike Week for alleged speeding violation. Driver admits to drinking just 2 beers and of being exhausted, but otherwise not impaired. Arrest follows field sobriety test and post-arrest breath test results are .15 BrAC. Defense presents evidence of defendant’s re-flux/heartburn condition and expert witness to explain how such a condition could artificially inflate the breath test results. Not Guilty Verdict following trial.

NH Aggravated DWI Charge DismissedApril, 2015

Police find driver asleep/passed out behind wheel of car partially pulled off side of road with engine running. Police note obvious signs of intoxication but man behind wheel insists he was not driving, but was left in his car by man trying to give him a ride home. Good Samaritan left him in car when he couldn’t give directions to his house. Post-arrest breath test .17 BrAC. Aggravated and DWI charges dismissed prior to trial

NH Aggravated DWI Charge DismissedApril, 2015

Driver stopped by police following citizen cell phone report of an erratic operator. Police note driver’s red/glassy eyes and slurred speech. Driver admits to consuming some vodka. Arrest follows standard field sobriety testing. Post-arrest breath test .21 BrAC. Aggravated and DWI charges dismissed at trial due to missing State’s witness.

NH DWI Charge DismissedApril, 2015

Massachusetts Driver pulled over by New Hampshire police. Driver tells police he’s had a few beers and is driving to his girlfriend’s house. Police note odor of alcohol, slightly slurred speech and glassy/bloodshot eyes. Driver is arrested following standard field sobriety tests and refuses post arrest breath test. Six (6) month Administrative License Suspension (ALS) for breath test refusal is dismissed when officer fails to appear for administrative hearing. Reciprocal revocation of Massachusetts license avoided. Defense uses expected trial evidence, including client’s pre-existing medical conditions to negotiate dismissal of DWI Charge. Disposition avoids possibility of a Drunk Driving conviction which would have lifetime effect in Massachusetts under Melanie’s law.

Not Guilty verdict MA OUI ChargeApril, 2015

Driver stopped by police for marked lanes violation. Admits to drinking a couple of beers with employees following work. Arresting officer notes the driver is speaking unclearly and asks him to exit to complete field sobriety tests. Under cross examination officer admits he never detected any odor of alcohol emitting from driver and he further displays a lack of knowledge and experience with the standardized field sobriety test criteria. Officer admits based on inventory sheet that chewing tobacco was found during search of car before tow. Officer does not remember driver asking if he could remove “chew” while answering questions at roadside. Booking video, although typically used by this department, is not produced in this case. Not guilty verdict following trial.

NH Administrative License Suspension vacatedMarch, 2015

Driver arrested by police for failure to yield making turn. Once stopped driver exits to speak with the officer but he is ordered to return to his car. Field sobriety tests are continuously interrupted by dialogue between driver and officer. Driver arrested for DWI and brought to station for booking. Again, ongoing dialogue between driver and officer interrupts the normal administration of the Implied Consent Form, or NH ALS form. Driver asks multiple questions, which the officer refuses to answer. Despite multiple requests to decide, driver will not commit to take test, nor does he refuse. Officer loses patience and deems driver a refusal. Administrative Hearings Officer agrees with respondent’s counsel that there is a lack of evidence that driver affirmatively refused the requested breath test, in fact he never stated he refused requested testing. Two (2) year Administrative License Suspension vacated.

NH DWI Charge DismissedMarch, 2015

Massachusetts Driver stopped by New Hampshire Police coming home from visiting friends locally. Driver admits to having had a couple glasses of wine. Driver participates in field sobriety tests and is subsequently arrested for Driving While Intoxicated (DWI). Defense conducts administrative license suspension hearing and creates a transcript of sworn testimony with cross examination of officer under oath for use at trial. Trial is continued multiple times but defense is not willing to accept prosecutor’s offer of guilty plea to DWI with minimum penalties and withdrawal of six (6) month Administrative License Suspension (ALS). Prosecutor forced to dismiss DWI charge when arresting officer becomes unavailable as witness for trial. Drunk Driving finding with lifetime effect in Massachusetts under Melanie’s Law avoided.

NH DWI Charge DismissedMarch, 2015

Driver being followed by Police cruiser because he was exiting a side street with a wide turn. At same time another cruiser approached from opposite direction. 2nd Officer claims driver either flashed, or failed to immediately dim, his high beams as they passed each other. 2nd cruiser reverses direction, passes 1st cruiser and stops driver. Following admission to drinking and the very standard observations of glassy eyes, slurred speech and odor of alcohol the driver is arrested after field sobriety tests. Driver refuses a breath test. Defense prepared to argue Motion to Suppress Evidence, which challenges the validity/constitutionality of the initial stop, which may, or may not, have been based on an actual moving violation. DWI charge dismissed before trial.

Not Guilty verdict MA OUI ChargeMarch, 2015

Under 21 Driver stopped for Speeding and Failure to Signal Turn. Shift commander hands over investigation to 2nd patrolman that conducts field sobriety tests. Driver completes tests with little difficulty but he is .09 BrAc on a Preliminary/Portable Breath (PBT). Following arrest driver submits to a Draeger Alcotest 9510 breath test with .09 result. At trial the prosecution cannot admit this post arrest breath test evidence. The PBT evidence in not admissible in Massachusetts. Not guilty finding following trial.

Not Guilty verdict MA OUI ChargeMarch, 2015

Police allege driver was clocked for one (1) mile at 110 MPH on highway, making unsafe lane changes on wet roadway. Police note odor of alcohol, glassy/bloodshot eyes, slurred speech and a denial of drinking. Search of car after arrest discloses empty six pack of bottles in backseat area. Driver refuses all field sobriety tests and refuses post arrest breath test. Refusal evidence inadmissible in Massachusetts. Driver testified that he never travelled at speed alleged and that bottles were leftover from recent trip to redeem all his empties at local package store after cleaning house. He confirms that he did drink two beers before the arrest and never denied drinking. Receipt for 20 bottles from redemption machine time stamped 30 minutes before arrest offered as exhibit by defense. Not guilty verdict following trial.

NH DWI Drugs Charge DismissedFebruary, 2015

Police respond to scene of single car crash. Under 21 driver denies drinking and tests .00 on preliminary breath test. Police note an odor of burnt marijuana about the driver and his car. Driver refuses to take any field sobriety tests and refuses requested blood test. State intends to go forward with testimony from arresting officer. Defense contends the arresting Police Officer is not qualified to state any opinion at trial regarding the impairing effects of marijuana. DWI Drugs charge dismissed before trial.

NH DWI Drugs Charge DismissedFebruary, 2015

Driver stopped following a citizen cell phone report of erratic operation. When driver is stopped police note several canisters of nitrous oxide which she states are left over from baking party with friends. Police note agitated, unusual behavior, but note of the classic signs of alcohol impairment. Driver’s medical record is replete with disabling conditions and prescribed medication use. Defense contends post arrest blood test reveals only therapeutic levels of prescribed medications. State Toxicologist intends to counter that combined effects of prescribed medications with use of nitrous oxide caused impaired/intoxicated driving. DWI Drugs charge dismissed before trial.

MA OUI Charge DismissedFebruary, 2015

Driver stopped following minor fender bender. Admits to drinking just prior to crash. Field sobriety tests may have been invalid for this driver as he has several medical conditions and disabilities. Defense prepares Motion to Exclude Breath Test evidence. Prosecutor cannot go forward with case at the Motion or Trial because they are forced to admit that necessary police witness is no longer available as a Commonwealth witness. OUI charge Dismissed for Lack of Prosecution. 2nd Lifetime finding under Melanie’s Law avoided which includes mandatory jail and/or inpatient sentence, two (2) year loss of license and ignition interlock.

NH DWI Charge DismissedFebruary, 2015

Police stop to investigate driver stopped on side of road. Driver is obviously asleep in breakdown lane with engine running. Driver tells police he is lost and stopped to utilize GPS and confirm his hotel reservations. He does admit to drinking some wine earlier. Following field sobriety tests the driver is arrested and submits to breath test with a .09 result. Defense contends field sobriety tests are inconclusive, as shown on cruiser video, and breath test is not proof of illegal level at time of driving without further evidence about exact time of consumption. DWI Charge Dismissed before trial.

NH DWI Charge DismissedFebruary, 2015

MA driver stopped in NH for entering flow of traffic without yielding to oncoming traffic. Police wait a significant period of time before they stop driver for this offense as he approaches the Massachusetts border. Cruiser video shows a cooperative older driver who struggles has a cane with him to walk. He struggles with field sobriety tests. Post arrest breath test is .10. Defense prepares to argue Motion to Suppress, that police lacked reasonable grounds to stop the car, and probable cause to arrest. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

MA OUI Charge DismissedJanuary, 2015

Driver stopped by police following citizen cell phone report of erratic operation. Driver admits to returning home from Red Sox playoff game where he consumed beers throughout the evening. Police allege driver appears lethargic and speaks with a noticeably slur. Arrests follows standard field sobriety tests. Defense ready to present medical records of facial nerve damage that causes droopy lip and speech issues. At second trial date Prosecutor cannot go forward without necessary police witness. OUI charge dismissed for lack of prosecution.

NH DWI Charge DismissedJanuary, 2015

MA Driver stopped by NH police for speeding violation but no other erratic operation. Driver admits to consuming two (2) craft beers with his friends. Police make arrest following standard field sobriety tests and driver’s breath test result is a .09. Defense conducts extensive discovery on breath test device and officer training. Issue with test is the subjects documented Gastro Esophogeal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

Not Guilty verdict MA OUI ChargeJanuary, 2015

Driver stopped by police as he exits highway through long off ramp. Driver admits that he drank at a club earlier but claims he is not impaired. Field sobriety tests and preliminary/portable (PBT) breath test result in arrest despite driver telling police he had a prior leg injury that would affect his performance on the tests. PBT evidence not admitted in Massachusetts because of lack of scientific reliability. Defense admits driver’s certified medical records to document short leg syndrome and limp. Passenger testifies as to the driver’s sobriety and how the police conducted their “investigation” roadside. Not guilty verdict following trial.

Not Guilty verdict MA OUI ChargeJanuary, 2015

Under 21 subject is found standing next to a crashed vehicle hung up on utility pole support wire and rock wall. First officer questions person about crash which subject cannot explain and then orders him to return to the car’s driver’s seat until back up arrives. 2nd officer arrives and conducts more thorough interrogation where subject makes admission to driving, but refuses all field tests and denies drinking. Defense wins pre-trial Motion to Suppress Statements to exclude all statements to 2nd Officer for Miranda violations. At trial evidence limited and defense offers recorded message of subject left for parents from Police Station to refute claim that his speech was slurred during booking. Not guilty verdict following trial.

NH DWI Charge DismissedOctober, 2014

NH driver stopped by NH police for a stop sign violation. Driver tells the officer he was unfamiliar with the area and admitted to drinking 3 beers. Officer notes odor of alcohol emanating from vehicle with passenger admitting to drinking as well. Without noting any other indicators of alcohol impairment the Officer requests the driver exit the vehicle for field sobriety tests. Driver is arrested and later submits to .11 BrAC Breath Test. Defense files and is prepared to argue Motion to Suppress detailing officer’s lack of reasonable articulable suspicion that driver was impaired and grounds to prolong detention and request exit for field sobriety tests. DWI charge dismissed prior to trial and hearing on Motion to Suppress.

MA OUI Not Guilty VerdictOctober, 2014

Police respond to scene of collision where driver struck parked vehicle and then drove short distance down road before stopping. Responding officers note odor of alcohol, slurred speech and that driver is unsteady on his feet. Despite heavy vehicle damage from impact driver refuses medical attention. He further refuses to answer questions or to participated in field sobriety tests and a post arrest breath test. After he is released the driver is examined and diagnosed with concussion. Evidence of refusal and silence are inadmissible at trial in Massachusetts. Defense utilizes Emergency Room Medical Doctor as expert witness to describe symptoms and effect of concussion, to include unsteadiness, confusion and amnesia. Not Guilty verdict following trial on OUI Charge.

Not Guilty Verdict MA OUISeptember, 2014

Police officers respond to local convenience store for report of intoxicated patron that was just involved in minor collision in parking lot. Police find driver in store buying snacks. He is escorted outside where he reluctantly submits to field sobriety tests after initially refusing same. Defense successfully excludes filed sobriety test evidence based on initial refusal and non- consensual participation. Necessary witness to alleged bad driving fails to appear as witness at trial. Insufficient evidence of intoxication, statements regarding refusal of field sobriety tests excluded, prosecutor cannot prove operation. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUISeptember, 2014

Police find young driver sitting in running vehicle behind closed school building in early morning hours. Officers note an obvious odor of alcohol and bloodshot glassy eyes. Driver is arrested following standard fields sobriety tests and submits to .17 Breath Test during booking process. Defense utilizes booking video to establish violation of pre-breath test observation period. Motion to Exclude Breath Test allowed. Not Guilty Verdict following trial.

MA OUI Drugs Charge DismissedAugust, 2014

Police respond to scene of reported hit and run. Suspect driver is found walking in a nearby parking lot. Police find him mumbling, unkempt and appearing with extremely constricted pupils. Driver fails all field sobriety test but later tests .00 BrAC on breath test. Criminal complaint alleges OUI Drugs Offense. Defense prepared to argue Motion to Dismiss as Prosecutor lacks evidence from a medical professional on any qualified police witness that can state an opinion as to impairment by any controlled substance other than alcohol. OUI charge is dismissed before trial. Lifetime lookback consequences under Melanie’s Law for subsequent offense avoided.

NH DWI Charge DismissedAugust, 2014

Husband reports to police station to pick up his spouse who has been arrested. Officer notes an odor of alcohol and that the defendant driver admitted to drinking earlier. Police allege driver fails portions of field sobriety tests administered within the custodial area of the station. There is no evidence of erratic or dangerous driving. Driver refused to provide a breath test sample. DWI charge dismissed prior to trial.

MA OUI Charge DismissedJuly, 2014

Driver stopped by police for marked lanes violations. Although driver does reasonably well on some field sobriety tests his post arrest breath test is .15 BrAC. Defense argues, but loses Motion to Suppress Stop and Arrest. Matter scheduled for trial and Commonwealth witnesses fail to appear for second time. OUI charge dismissed for lack of prosecution.

NH DWI Charge DismissedJuly, 2014

Driver stopped for weaving and speeding violations. Police allege driver has bloodshot eyes, slurred speech and an odor of alcohol on his breath. The driver refuses to participate in Field Sobriety Testing and he also refuses post arrest breath test.. Lack of evidence results in DWI charge being dismissed prior to trial.

NH DWI Charge DismissedJuly, 2014

MA Driver Stopped by NH police for speeding but no other erratic operation. Driver admitted to consuming one (1) beer and had a strong odor of alcohol on his breath. After administering Standard Field Sobriety Tests and determining that the driver failed the tests, the officers arrested the driver for Driving While Intoxicated. Suspect submitted to a breath rest, resulting in a 0.13 BAC. Issue with test is the subject’s documented Gastro Esophageal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial.

NH DWI Charge DismissedJuly, 2014

Overnight shift worker stopped mid-morning by police at construction site for failure to signal turn. Officer notes driver is from out of town and he also detects an odor of alcohol from the vehicle and driver’s glassy eyes. After determining that driver is lost and struggling to find correct route home with construction detours Officer offers to retrieve his roadmap and give her directions. When he returns to car he notices the driver is now sobbing. At this point officer begins more intensive questioning that leads to DWI arrest. Defense files Motion to Suppress arguing scope of initial detention was illegally expanded. DWI charge dismissed before trial.

NH DWI Charge DismissedJuly, 2014

Driver is found parked safely in break down lane sleeping behind wheel. Admits to police that he pulled over because he realized he wasn’t feeling safe to drive due to alcohol consumed and fatigue. Following field sobriety tests the operator is arrested and submits to post arrest breath test of .08 BrAC. DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWIJuly, 2014

Police respond to scene of single car crash with vehicle off road into tree. Client is found outside of vehicle disoriented and unsteady. Police note odor of alcohol, bloodshot glassy eyes and fact that client admits to being driver, but cannot explain how accident happened. Cruiser mounted video records roadside statements and field sobriety tests. Police note driver’s side airbag is smeared with blood and passenger side of windshield is fractured. Defense contends at trial that the defendant’s admission is unreliable and inconsistent with the physical evidence, as he does not have any injuries or lacerations that would account for blood on driver’s side airbag. Further, prosecutor cannot establish time of crash in relation to when police actually arrive on scene. Not guilty verdict on DWI charge after trial.

Not Guilty verdict MA OUI ChargeJuly, 2014

MA Driver stopped for having an expired inspection but no other erratic operation. Driver admitted to consuming 3 drinks and police note he has bloodshot eyes and an odor of alcohol on his breath. Driver refused both Field Sobriety Testing and Chemical Testing. Evidence of field sobriety test refusal and chemical test refusal inadmissible in MA OUI prosecution. Not guilty verdict following trial.

Not Guilty verdict MA OUI ChargeJuly, 2014

Driver stopped for crossing marked lanes on highway. Driver admits to consuming a couple of drinks. Law enforcement administered Standard Field Sobriety Tests and determined that the driver failed the tests. The driver was arrested for Operating Under the Influence. The driver later refused a chemical test. Evidence of breath test refusal is not admissible in MA OUI Prosecution. The suspect testified that he admitted to drinking, though not in the amount the police officer claimed. He further testified that he did not fully understand the instructions for the field sobriety tests due to his hearing loss and highway traffic noise. Not Guilty verdict following jury trial. Lifetime lookback consequences of Melanie’s Law avoided. Three (3) year chemical test refusal (CTR) refusal vacated by Court following acquittal on OUI charge.

NH Administrative License Suspension (ALS) VacatedJune, 2014

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.

NH DWI Charge DismissedJune, 2014

Police stop driver outside busy downtown nightclub for alleged wrong way violation and failure to signal turn coming out of parking lot. Officer notes glassy/bloodshot eyes and an odor of alcohol coming from driver, but driver refuses field sobriety tests stating, “I’m all right, I’m not drunk.” Driver arrested for DWI. Defense prepared to argue Motion to Suppress challenging basis for stop and Motion To Dismiss for failure to preserve booking video. DWI charge dismissed prior to trial.

NH DWI Charge DismissedJune, 2014

Police respond to two (2) car crash where one vehicle collides head on with second vehicle travelling in opposite direction on on/off ramp of highway. First car jumped narrow median separating lanes. Driver is questioned by police and admits to having one (1) drink while waiting to pick up Chinese food take out order and that he left lane of travel due to deer in road. Driver refuses to participate in any field sobriety tests due to physical disability and also refuses post arrest breath test. DWI charge dismissed prior to trial. Massachusetts resident avoids potential ten (10) year suspension of Massachusetts license under Melanie’s Law due to prior lifetime offenses well beyond the ten (10) year look back period in New Hampshire for subsequent offenses.

NH DWI Charge DismissedMay, 2014

Police respond to report of vehicle sliding off road into woods then leaving scene. Police then drive short distance to address where vehicle owner address listed based on reported registration. Home appears empty and vehicle in question not visible. Inquiry at front door results in police entering home without owner’s consent. Police find evidence of underage drinking party and vehicle from crash in garage. Interrogation of minor resident of home leads to admission that he was driver and he left scene of crash in his father’s car. DWI arrest leads to post arrest breath test over legal limit. Defense files Motion to Suppress all evidence based on illegal entry and search of home, including statements made by minor operator and search of garage. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2014

Police respond to report of single car accident with car off shoulder of road resting against utility pole. No one is found at the scene of the crash. Police investigation leads to inquiry of vehicle owner found a short distance away at this home. Owner admits driving the car and leaving the scene on foot. Arrested for DWI based on appearance with bloodshot glassy eyes and odor of alcohol. Defense prepared to challenge proof of operation and time of alcohol consumption. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2014

Police officer stops vehicle on the highway due to the observations of erratic driving made by another off-duty officer. Officer explains situation to the driver, driver says she was using her phone and had recently been released from the hospital for head trauma. The officer notices the odor of alcohol, field sobriety tests follow. Officer forms opinion that the individual is impaired, and arrests the individual for DWI. Defense utilizes medical records to document recent head injury which presents symptoms often misconstrued as intoxication. DWI Charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2014

Police officer stops a vehicle due to a defective driver’s side tail light. Upon making contact with the driver, the officer immediately notices the odor of alcohol coming from the driver’s breath. Officer begins to perform field sobriety tests, and at the conclusion of the tests the officer makes the arrest. Subsequent breath testing and blood testing just below legal limit. DWI charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2014

Police begin to follow a vehicle after observing the driver turn without using a directional signal. The officers then observe more erratic driving and pull the vehicle over. Officer notes a distinct odor of alcohol and behavior consistent with someone under the influence. Field sobriety tests are conducted, results lead to an arrest. Post arrest breath tests result .15. Defense files motions to exclude the breath test and dismiss criminal complaints due to loss or destruction of exculpatory evidence. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUIApril, 2014

Police begin to follow a vehicle on the highway after observing inconsistent speed changes and erratic driving. The officer pulled the vehicle over shortly after the driver left the exit ramp. The officer notes a strong smell of alcohol and strange behavior by the driver. The officer also sighted an opened alcoholic beverage in the cup holder. The officer begins standard field sobriety tests but driver refuses to submit to all requested tests. Defense limits testimony regarding refusal of field sobriety test. Not guilty verdict following jury trial.

Not Guilty Verdict MA OUIApril, 2014

Police respond to a report car crash; a driver had lost control of their vehicle and hit a tree on the side of the road. Police find the vehicle and the driver who had sustained a minor lip injury in the crash. The officers note the odor of alcohol on the driver’s breath; driver admits to having a few beers earlier that night, open containers found in vehicle. It was determined that due to the driver’s injuries field sobriety tests would be unreliable. The officers determined that based on their initial findings, the driver’s ability to operate a motor vehicle safely was impaired by alcohol. The officers placed the driver under arrest and accompanied him to the hospital for treatment of his injuries. Defense utilizes emergency room records to contradict police opinion of intoxication. Not guilty verdict following jury trial.

Not Guilty verdict MA OUI ChargeApril, 2014

Driver is stopped at a sobriety checkpoint by police officers. Officers note that the driver has slurred speech, glassy and bloodshot eyes, and that the odor of alcohol is present. Officers perform field sobriety tests on the driver, results lead to an arrest. Defense calls independent witnesses who were working with the defendant immediately prior to his arrest. Not guilty verdict following jury trial.

NH DWI Charge DismissedMarch, 2014

Police respond to a call of a minor two car accident in a parking lot. The officer on scene found that a driver attempting to depart from the lot hit a properly parked vehicle on her way out. After speaking to the owner of the parked vehicle, the officer began to speak to driver at fault and noted the smell of alcohol on her breath. Defendant admits to drinking one beverage, later admits to having drank two margaritas. After performing field sobriety tests the officer placed the driver under arrest.. Defense utilizes booking video and history of lower back injuries to challenge officer’s opinion regarding intoxication and suitability for field sobriety testing. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMarch, 2014

Police respond to a call of a single car accident labeled as a vehicle over the embankment. Officers find the driver unharmed but behaving strangely. They note a strong smell of alcohol coming from the driver’s breath and the individual’s noticeable struggle to answer their questions. After conducting field sobriety tests, the officers made the arrest. Defense prepared to argue that stop investigation and arrest took place outside arresting officer’s jurisdiction. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMarch, 2014

Police respond to a report of a motor vehicle collision involving two cars. The officers arrive on scene and determine that the driver who was hit was rear ended by a second driver. After talking to the second driver, the driver and her vehicle were towed. After dealing with the first driver, the officers met up with the second driver at the location she was towed to. They notice the odor of alcohol on her breath and that her eyes are droopy and glassy in appearance. After conducting field sobriety tests, the officers make the arrest. Defense challenges opinion regarding intoxication based on initial police contact at scene of incident having gone without arrest or DWI investigation. DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWIMarch, 2014

Police respond to a report of a motor vehicle collision involving a car and a trailer attached to another car. After obtaining accident details from the trailer owner, the police begin to question the other driver and notice slurred speech and the odor of alcohol on his breath. After conducting field sobriety tests, the officers arrest the driver. At trial government cannot establish time of accident without independent civilian witnesses. Not guilty verdict following trial.

NH DWI Drugs Charge ReducedFebruary, 2014

Police respond to a report of a motor vehicle collision involving three cars. Police begin questioning the driver of the vehicle that caused the crash, noting that his eyes were glassy and that there was a distinct odor of alcohol on his breath. They proceed to conduct field sobriety tests leading to the driver’s arrest. Defense focuses on conflicting identification evidence and statements provided to police by multiple on scene witnesses. DWI charge dismissed prior to trial.

NH DWI Drugs Charge DismissedFebruary, 2014

Police respond to a call of a person sleeping in their car for a few hours in a parking lot. The officer begin to question the individual, who claimed that she was very tired from driving so she had stopped to eat and rest. The officer asked the driver if she’d be willing to perform field sobriety tests, to which she agreed. Police arrest individual for driving while intoxicated by drugs. Defense utilizes extensive medical record and prescription history to establish that chemical testing of blood only established use of licit and prescribed medications within therapeutic ranges. DWI charge dismissed prior to trial.

NH DWI Drugs Charge DismissedFebruary, 2014

Police begin following a vehicle after driver fails to use directional on a turn. While following the vehicle the driver fails to use turn signal two more times and also neglects to stop at a stop sign. Police pull the car over and after initially questioning the driver the officer suspects him of being intoxicated. The officer conducts field sobriety tests and then proceeds to arrest the driver. Post arrest breath test .15 BrAC. Defense prepared to argue motion to exclude breath test based on violation of twenty minute observation period depicted in booking video. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI DrugsJanuary, 2014

Police respond to a call of erratic driving. The officer follows the suspected vehicle observing several motor vehicle infractions including neglecting red traffic signals and crossing yellow lines multiple times. Officer conducts a motor vehicle stop. Officer notes a faint smell of burnt marijuana, asks driver to submit to sobriety testing to which the driver agrees. Officer asks driver to remove hands from pockets on multiple occasions, leading the officer to pat search the individual. Officer discovers bag of material resembling marijuana, driver admits to having smoked marijuana prior to operating his vehicle. Officer conducts sobriety tests, arrest follows. Defense limits officer testimony regarding standardized field sobriety testing, as they were not designed or promulgated to detect impairment by marijuana. Defense further limits officer’s ability to render an opinion as to impairment by marijuana. Not guilty verdict following trial.

MA OUI Charge DismissedJanuary, 2014

Police at an OUI roadblock instruct a driver to pull into a nearby parking lot for further questioning after noting the smell of alcohol and that the driver’s eyes appearing glassy. Police ask if the driver will perform field sobriety tests for them, the driver agrees and struggles to get out of the car. At the conclusion of the tests the officers arrest the driver. Post arrest breath test .14 BrAC. OUI charge dismissed for lack of prosecution when government is unable to go forward with necessary witnesses.

NH DWI Charge DismissedJanuary, 2014

Police conduct a motor vehicle stop after observing driver on the wrong side of the road. Upon making contact with the driver police note the smell of alcohol and physical appearance/conduct consistent with an intoxicated person. Officer conducts field sobriety tests, arrest follows. Defense prepared to argue motion to suppress based on stop of vehicle and destruction and/or loss of booking video by police. DWI charge dismissed.

NH DWI Charge DismissedJanuary, 2014

Officer conducting stationary laser radar enforcement pulls a vehicle over for speeding. While speaking to driver officer notes the individual’s glassy, bloodshot eyes and that an odor of alcohol was coming from the vehicle. After conducting field sobriety tests, including a breath test that read .117, officer arrests the driver. Defense motion to suppress granted court ruling that mere presence of odor of alcohol from the vehicle and the defendant’s bloodshot/glassy eyes were not sufficient grounds to further detain the driver during a speeding stop.

Not Guilty Verdict NH DWIJanuary, 2014

Police respond to a call of an individual in violation of a bail protection order. Police arrive on scene at the address finding a vehicle parked there. Officers make contact with the residence owner and form the opinion that she was intoxicated. They then proceed on foot in search of the individual in violation of his bail order. Another officer later notices vehicle that was parked at the residence driving and pulls the vehicle over. Officer identifies driver as the owner of the residence involved in the bail order, also notes the driver’s slurred speech and glassy eyes. Officer conducts field sobriety tests, place driver under arrest. Defense utilizes cruiser mounted video of stop and field sobriety testing as well as driver’s medical records related to a recent ankle surgery to cross examine arresting officer. Not guilty verdict on DWI charge after trial.

Not Guilty Verdict NH DWIJanuary, 2014

Police respond to a report of boating accident involving two boats and severe injuries. Officers arrive on scene, emergency response personnel treat the injuries of the wounded. The officers begin questioning the individual allegedly driving the boat. The officers note the strong smell of alcohol on the individual and that the individual’s eyes were bloodshot and glassy. After conducting field sobriety tests, the officer arrests the individual. At trial government is unable to prove the identity of the operator of the subject vessel based on limited testimony and lack of witnesses. Not guilty verdict on boating while intoxicated charge results from trial.

NH DWI Charge DismissedAugust, 2013

NH Police stop driver for alleged marked lanes violations leading to DWI arrest. Massachusetts resident driver faces enhanced penalties under reciprocity based on prior DUI record and Melanie’s Law. Defense utilizes police cruiser mounted video to contest whether driver actually drove “across” highway markings as required by NH statute, further arguing that driving onto marked line, even three (3) times, does not give rise to legal reasonable articulable suspicion to stop vehicle. Defense Motion to Suppress granted. DWI charge dismissed.

MA Roadblock OUI Charge DismissedMay, 2013

Driver stopped at Massachusetts State Police Roadblock outside Boston. Greeting Trooper detects odor of alcohol and driver admits that he consumed two beers in Cambridge. Ordered to “pit” area for Field Sobrity testing. Defense challenges Probable Cause to arrest because client passed one-leg stand test and walk and turn test without displaying typical signs of impairment like slurred speechc and glassy/red eyes. Court agrees evidence of Portable Breath Test and Horizontal Gaze Nystagmus are inadmissible. Post arrest Breath Test result .10 BrAC. Motion to Suppress allowed, no probable cause to arrest found, OUI Charge dismissed.

NH DWI Charge DismissedMay, 2013

Police respond to report of drunk customer at service station seeking repiars to vehicle. Police speak to employees/manager but cannot determine whether owner or companion drove truck to garage or whether companion is intoxicated. Police allow truck to leave service station but cannot see who is driving truck. SPOT check of registration/plate discloses registered owner suspended for DWI. Police stop truck without observing erratic operation. Companion/driver arrested for DWI. Defense files Motion to Suppress alleging stop/seizure of truck was made wihout legal basis. DWI charge dismissed prior to trial.

Not Guilty verdict MA OUI ChargeMay, 2013

BOLO (be on lookout for) report sent to police from neighboring police department regarding an erratic operator. Reporting party never identified. Police stop vehicle after observing matching plate from BOLO report and marked lanes violation. Driver pulls over and drives up on curb with no available break down lane. Police allege driver nearly hit mailbox while pulling over. Officer notes slurred speech, odor of alchohol and sweaty flushed face with open containers in car. Driver refuses to participate in field sobriety tests noting his diagnosed “vertigo.” Defense presents medical records confirming vertigo diagnosis effecting balance. Photos of stop scene show driver pulled over at first available spot on road and entered sidewalk without striking 6″ curb and manuevered car around mailbox without hitting it. Not guilty verdict following jury trial.

Not Guilty verdict MA OUI ChargeMay, 2013

Client runs out of gas returning home from card game with friends. As he waits for his wife to arrive with gas the police approach his disabled vehicle and begin convesation. Driver tells he is all set and just waiting for gas. Officer detects odor of alcohol and driver admits he drank “a few” beers earlier. 2nd Officer arrives and insists that driver complete field sobriety tests. Driver says, “I’m all set, I’m not driving.” Client arrested and charged with OUI following field sobriety tests. Defense uses photos of scene to show that client parked stalled vehicle in safe manner and that field sobriety tests were completed on darkened roadway with incline. Not guilty verdict following trial. Three (3) year Chemical Test Refusal (CTR) suspension, because of prior offense more than 20 years ago, vacated by Court following “not guilty” verdict.

Not Guilty MA OUI ChargeMarch, 2013

Driver stopped for travelling outside of highway lane into breakdown lane. Police note odor of alchol, slurred speach and glassy/red eyes. Driver admits to drinking two harpoon beers while watching Patriots game at his parents house. Police allege driver failed standardized filed sobriety tests. Post arrest breath test result .10 BrAC. Defense excludes evidence of breath test on day of trial with Motion in Limine and proceeds to challenge validity of field sobriety test evidence at trial. Not Guilty verdict following Jury Trial.

Not Guilty verdict MA OUI ChargeMarch, 2013

Police cruiser monitoring highway traffic during pre-Roadblock saturation patrol on Friday night outside Boston. Officer clocking vehicle in far left lane from far right lane when client approaches from behind in middle lane at high rate of speed. Client slows immediately but police drop in behind and stop him. Police note an odor of alcohol and red/glassy eyes. Driver admits to drinking wine at dinner after work, but refuses to participate in field sobriety tests after exit order. Police admit under cross examination that driver did not display slurred speech and he was otherwise cooperative and polite with no loss of balance or coordination during exit sequence. Driver also responded appropriately and reacted safely in cruiser’s lights. Not Guilty finding following jury trial.

MA OUI Drugs Charge DismissedMay, 2012

Police in Massachusetts stop vehicle for rolling through red traffic light. Police officer notes young driver appears tired and nervous. Officer questions driver and passenger about their whereabouts, destination and whether they are carrying marijuana. The odor of burnt marijuana from the vehicle is present throughout the roadside encounter. Police order driver from car, arrest for OUI Drugs follows. Defense successfully argues Motion to Suppress and Court agrees the mere odor of marijuana, no longer evidence of criminal activity in Massachusetts, is not legal grounds to require exit order and field sobriety tests. Arrest deemed illegal, MA OUI Drugs charge dismissed.

NH DWI Charge DismissedMay, 2012

Citizen cell phone caller in New Hampshire anonymously reports erratic driver exiting highway. Responding police find matching vehicle in rear parking lot of closed fast food restaurant, but car is no longer running and subject is outside car. Officer notes odor of alcohol, glassy eyes and slurred speech. Field sobriety tests are administered but of questionable value in light of driver’s high heels and congenital orthopedic conditions. NH DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2012

Police in New Hampshire allegedly take note of driver crossing double yellow line while viewing car passing in side view mirror. Officer turns to follow car and stops vehicle in residential neighborhood. Young driver displays odor of alcohol and glassy eyes and admits to consuming “four” beers. Administrative hearing process reveals that Officer did not comply with correct protocol for all of the field sobriety tests. Booking video also utilized to show driver’s lack of slurred speech and apparent sobriety. DWI in NH charge dismissed prior to trial.

NH DWI Conviction VacatedApril, 2012

MA resident appears in NH Court without counsel and enters guilty plea to NH DWI 1st Offense which alleges driving under the influence of prescribed drugs. Both the Court and the prosecutor are unaware of the defendant’s prior record of two (2) prior OUI offenses in MA, each over 15 years ago. Defendant doesn’t understand the impact of priors in MA. NH Court sentences driver to ninety (90) day loss of license but MA RMV later imposes eight (8) year loss of license under lifetime lookback provisions of Melanie’s Law as third offender. Counsel successfully argues Motion to Vacate NH Plea and Conviction and then negotiates dismissal of DWI charge. Eight (8) year loss of license in MA eliminated.

MA OUI Drugs Charge DismissedApril, 2012

Police in MA stop driver for encroaching upon fog line numerous times on highway. Driver admits to smoking pot with passenger just prior to driving home from Boston but shows no other signs of impairment. Based on odor of burnt marijuana and admission to smoking, police order driver from truck to further investigate. After speaking with passenger, police put driver through field sobriety tests and later charge him with OUI Drugs. Defense successfully argues Motion to Suppress and recent Massachusetts case law which recognizes that the mere presence of an odor of Marijuana does not create reasonable articulable suspicion of a crime. Exit order and seizure ruled illegal. Massachusetts OUI Drugs charge dismissed.

NH DWI Charge DismissedApril, 2012

Police begin following vehicle in early morning hours as it drives through parking lots of various closed businesses and restaurants on busy commercial street. Police feel that driving activity is “suspicious” in light of early morning hours. Just as vehicle re-enters flow of traffic on main thoroughfare police activate blue lights and stop car. Driver displays odor of alcohol, slurred speech and glassy, bloodshot eyes admitting that she was drinking earlier and was only out looking for an open fast food restaurant. DWI in NH arrest follows failed field sobriety tests. Defense prepared to argue Motion to Suppress that traffic stop illegal and not supported by reasonable articulable suspicion of criminal activity. NH DWI charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2012

Citizen cell phone caller reports erratic operation of vehicle in downtown area. 2nd caller gives identical description of vehicle which has just left scene of minor traffic accident moments later. Police trace plate to registered owner’s address. Client is found in house preparing dinner and drinking wine. She denies being driver of vehicle at time of accident and refuses to identify her “girlfriend” who she claims was actually driving. Defense focuses on inconsistencies in two civilian descriptions of driver’s physical appearance and the clothing she was wearing. Arresting Officer admits at administrative hearing that client does not match description given by witnesses. New Hampshire DWI Charge and Conduct After Accident charge dismissed.

Not Guilty Verdict NH DWI ChargeMarch, 2012

Police stop driver for alleged speeding violation. Driver admits to consuming “two drinks” and agrees to participate in filed sobriety tests. Defendant’s use of prescribed medications for ADHD condition may affect both the horizontal gaze nystagmus test and his ability to successfully complete new tasks such as the Walk and Turn and One Leg Stand test. Defense also focuses on defendant’s ability to assist in the removal of his car’s front bumper for tow operater, while handcuffed, as evidence of his apparent sobriety. Not guilty verdict following NH DWI trial.

MA OUI Drugs Charge DismissedMarch, 2012

Police find driver sleeping/passed out in his car behind a closed business in the early morning hours. Driver admits to being “too fucked up to drive.” Search of car discloses evidence of recent marijuana use. Despite government claim that client was driving under the influence of drugs, no percipient witness exists to support claim of impairment by marijuana, which is beyond the understanding of lay persons, and requires expert testimony from the prosecution. Other admissions and statements of defendant are excluded by Defense Motion to Suppress. Standard field sobriety tests were mostly passed and are applicable only as to alcohol impairment. Massachusetts OUI Drugs Charge Dismissed for lack of prosecution.

NH DWI Charge DismissedMarch, 2012

Driver stopped for one-way street violation in New Hampshire. Although client admits to drinking several beers over many hours he performs reasonably well on field sobriety tests. Post arrest booking video depicts the driver as cooperative, polite and alert, without overt evidence of impairment. Due to conflicting records of a mandatory 20 minute observation period before the reported .14 breath test, the evidence is excludable. NH DWI Charge Dismissed.

Not Guilty MA OUI ChargeMarch, 2012

Alleged Drunk Driver is pulled over by police while negotiating highway construction traffic. Client claims he is forced into breakdown lane by trailer truck failing to yield at lane restriction. Police stop driver for use of breakdown lane and note slurred speech, red/glassy eyes and an odor of alcohol. Driver admits to drinking a few beers after work with colleagues. Despite recent knee injury, police require standard walking and balancing field sobriety tests. Post arrest breath test .10 BrAC. Defense challenges validity and accuracy of breath test device including maintenance and calibration records. Medical records disclose client underwent knee surgery in the days following the arrest for the knee injury. Not guilty verdict following Massachusetts OUI trial.

Not Guilty verdict MA OUI ChargeMarch, 2012

Police in Massachusetts begin to follow alleged drunk driver because he appears to be speeding on highway. After observing client in traffic police stop him and begin standard OUI investigation to include field sobriety tests. Defense challenges validity of field sobriety tests and officer’s opinion regarding the defendant’s intoxication. Defense asserts police followed driver for nearly 5 miles before deciding to stop him. Driver admits to coming from a local restaurant where he had two drinks with a friend and shared appetizers. Defense calls bartender who served defendant as a witness. Experienced bartender testifies that he is familiar with the client and remembers being surprised to learn he was arrested for OUI given his apparent sobriety and reasonable consumption of alcohol. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUIFebruary, 2012

Alleged Massachusetts Drunk Driver crashes his car into construction sign on highway. Several police respond to scene. Driver appears confused as to time and location. Certain police witnesses note an odor of alcohol and signs of impairment, including odor of alcohol, slurred speech and balance issues, while other police witnesses testify that the driver is “not right”, and possibly ill. Client has no memory of crash or interaction with police and he has a history of migraine syndrome with aura, which often times leads to blackout, slurred speech, loss of vision and physical coordination. Defense presents medical records to substantiate history of migraine syndrome and civilian witnesses who were with client prior to his arrest. Not guilty verdict following MA OUI trial.

MA OUI Charge DismissedJanuary, 2012

Alleged Drunk Driver in Massachusetts involved in head-on collision with oncoming vehicle in snowstorm. Responding police, fire and EMTs take note of the driver’s belligerent behavior and overwhelming odor of alcohol. Although police follow defendant to hospital emergency room they do not request a blood sample. At trial date on OUI Serious Bodily Injury charge the government fails to timely produce any witnesses, to include hospital, police or civilian witness. MA court allows defense request to dismiss charges.

Not Guilty verdict MA OUI ChargeJanuary, 2012

Client stopped by police for marked lanes violations. Driver admits to texting while driving which caused her to momentarily leave her lane of travel. Driver also admits to consuming one (1) glass of wine with friend before driving. Two (2) separate police officers put driver through field sobriety tests. Defense compares and contrasts the officers’ observations and opinions regarding the driver’s condition and performance on these tests Defense witness called to establish time line and driver’s sobriety. Not guilty verdict following MA DUI trial.

Not Guilty verdict MA OUI ChargeJanuary, 2012

Police called to home to investigate a young woman in Massachusetts who has knocked on the front door in the early morning hours. She appears distraught, injured and confused as to how she arrived at home. Responding Police find a vehicle crashed approximately .3 miles from the home with items and property belonging to the client inside. The client denies she was the driver at the time of the crash but police surmise no other persons were involved. Police arrest client and charge her with OUI. Post arrest hospital blood draw is .18 blood alcohol level. Defense challenges evidence of client as only possible operator at time of crash. Not guilty verdict following MA OUI trial.

Not Guilty MA OUI ChargeDecember, 2011

Driver rear-ends another vehicle on roadway while travelling home from Boston. Police arrive to find driver upset and distraught about damage to his vehicle. Operator admits that he consumed “whiskey, wine and beer,” earlier in the evening. Defense prepared to challenge accuracy of post arrest breath test of .11 BrAC, but the evidence is ultimately excluded at trial by the defense. Not guilty verdict following trial on an MA OUI charge.

NH DWI Charge DismissedNovember, 2011

Police find client asleep behing wheel of car in early morning hours at side of road. Although keys are in the ignition the vehicle is not running. Driver appears to be highly intoxicated but it is unclear how long the car has been parked at this particular location or how the driver arrived there. DWI charge dismissed in this NH drunk driving case.

NH DWI Charge DismissedNovember, 2011

Massachusetts driver stopped at NH Sobriety checkpoint and ultimately arrested for DWI. Defense sucessfully argues at administrative license suspension (ALS) hearing that police lack reasonable grounds to believe driver was in fact DWI in light of good performance on field sobriety testing. Administrative suspension based on breath test refusal vacated following hearing. NH DWI charge dismissed.

Not Guilty Verdict NH BWI (Boating While Intoxicated) ChargeOctober, 2011

Marine Patrol stops NH boater for failure to display stern light. During safety check officers note slurred speech, odor of alcohol and lethargy. During field sobriety tests on Marine Patrol vessel operator begins to display further signs of impairment and/or an oncoming medical condition. Boater faints and goes unconscious at conclusion of field sobriety testing. Defense sucessfully argues underlying medical condition caused boater to appear impaired and ultimately pass out. Government cannot rule out underlying medical condition as cause of symptoms. Not guilty verdict in this NH DWI charge following trial.

MA OUI Charge DismissedOctober, 2011

Driver involved in side-swipe collision on narrow rural roadway coming home from wedding. Police investigation at scene leads to OUI arrest. Post arrest breath test of .15 BrAC is challenged by defense as result of gastro-esophogeal reflux disease (G.E.R.D.). Government unable to proceed at time of trial due to missing witnesses, MA OUI charge dismissed in this case.

MA OUI Charge DismissedOctober, 2011

Operator stopped by police for alleged red light violation. Driver agrees to participate in field sobriety testing but first officer leaves scene before handing off investigation to a second officer who arrives as back-up. Defense prepared to argue validity of initial stop and detention. Government cannot produce necessary witnesses at time of hearing to support legality of the detention and arrest. MA OUI Charge dismissed.

Not Guilty Verdict NH DWI ChargeSeptember, 2011

Operator stopped by NH police for speeding violation. Open containers are found at the feet of the passenger and police allege driver displayed odor of alcohol, slurred speech and poor balance and coordination during field sobriety tests. Defense challenges validity of field sobriety in light of driver’s physical disabilities and serious medical conditions, including recent knee surgery. Evidence of breath test refusal countered by driver’s willingness to take blood test which police will not allow. Not guilty verdict in this NH DWI case following trial.

Not Guilty Verdict NH DWI ChargeAugust, 2011

Operator stopped by NH police following 911 cell phone report of erratic driving. Field sobriety tests are completed and police allege poor performance, odor of alcohol, glassy eyes and slurred speech. Post arrest breath test of .14 BrAC is excluded by defense at trial due to government’s failure to produce certifying technician to explain inconsistencies in calibration/certification documentation. Not guilty verdict on NH DWI per se and Under the Influence complaints.

NH DWI Charge DismissedAugust, 2011

NH Police respond to scene of single car off road into snow bank. Elderly driver tells police he as forced off road by errant snow plow. Police do not note any signs of impairment while speaking with the driver and making arrangements for a tow truck. Several minutes later the driver approaches the officer conducting traffic control to complain about the cost of the tow. Only during this third conversation does the officer not an odor of alcohol and that the elderly driver walks with an obvious limp. When questioned the driver admits to having one vodka drink in a goblet sized glass one (1) hour earlier at a friend’s house. The officer requests that the driver stay on scene to complete field sobriety tests which he fails. Post arrest breath test results are .12 BrAC and .11 BrAC. Defense files and argues Motion to Suppress alleging Police did not have reasonable articulable suspicion to detain driver and insist that he participate in field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. Defense Motion to Suppress granted, NH DWI charges dismissed.

NH DWI Charge DismissedAugust, 2011

Alleged NH drunk driver is cut-off in heavy traffic while riding his motorcycle at biker rally. Collision with second motorcycle causes him to crash bike and sustain serious injury to his lower leg and ankle. Due to circumstances of crash and parties involved the driver is hesitant to speak with police about what happened. Several onlookers press police to arrest driver for DUI. Police follow driver to hospital where he refuses to take a blood test. Defense cites lack of evidence of impairment, NH DWI charge dismissed prior to trial.

Not Guilty NH DWI ChargeAugust, 2011

Alleged Drunk driver in NH stopped by police waiting for his car at toll booth due to citizen cell phone report of erratic operation. Driver stops and is asked to exit. Police detect odor of alcohol, but no slurred speech. Driver does well on most filed sobriety tests but allegedly fails horizontal gaze nystagmus (HGN) test and is arrested. Post arrest breath test results of .14 BrAC. Defense challenges validity of field sobriety tests and officer admits on cross exam that HGN is invalid due to improper administration. Defense excludes breath test evidence due to regulatory violations and lack of confrontation of witness issues. Not guilty verdict following NH DWI trial.

NH DWI Charge DismissedJune, 2011

Alleged drunk driver stopped by police for speeding violation entering major highway on-ramp. Driver admits to consuming one glass of wine at a party but she is unable to recite to the officer the name of the person who hosted the party. Upon exiting car driver participates in field sobriety tests which she performs wearing nearly 4” heels. Arresting Officer admits at administrative license suspension hearing that the driver did not display slurred speech or lack of dexterity handling her license and registration and that the odor of alcohol from the defendant was only “slight.” Defense prepared to argue Motion to Suppress alleging police lacked reasonable articulable suspicion to request exit from vehicle for field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. DWI Charge dismissed prior to trial.

Not Guilty MA OUI ChargeJune, 2011

Police respond to scene of single car roll-over accident at highway off-ramp. Alleged drunk driver refuses medical treatment but does not participate in field sobriety tests. Admits to arresting officer that he a “had a couple of drinks” hours earlier after a memorial service in Vermont. Defense uses photographs of State Police barracks, including sally port, booking and custody areas to demonstrate driver’s ability to maneuver and walk without difficulty and follow directions. Dispatch call log offered to show entire roadside investigation lasted only a few moments. Not guilty verdict following trial.

MA OUI Charge DismissedMay, 2011

Police stop alleged drunk driver for weaving within her lane and speeding. Officer notes odor of alcohol, admission to drinking, and slurred speech. Field sobriety tests at roadside are conducted in the break down lane of a busy highway. Officer alleges driver failed all three (3) standard field sobriety tests and appeared intoxicated. Defense prepares for trial on three (3) separate occasions ready to present testimony of friend and passenger on the issue of the driver’s mental state which contributed to her appearance as possibly impaired. Government cannot go forward due to missing witness on final trial date. OUI charge dismissed.

NH DWI Charge DismissedMay, 2011

Police respond to scene of accident where car apparently struck highway sign at off ramp. License plate at scene in debris field leads police to alleged drunk driver’s home. Question arises as to the legality of the police entry into the home at 2:00 a.m. which defense is ready to challenge. Field sobriety tests are conducted in the client’s kitchen with his parents looking on. Defense cites lack of evidence as to when consumption of alcohol occurred, either before or after the alleged drunk driver arrived home. Post arrest breath test discloses .14 BrAC. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2011

Alleged drunk driver is stopped while driving slowly down rural road looking for friend’s lake house. Police note an odor of alcohol and allege driver appeared glassy-eyed and lethargic and extremely unsteady on his feet once out of the car. Driver discloses recent knee injury and surgery which may affect his performance on field sobriety tests. Second officer on scene, trained as a drug recognition expert (DRE) observes driver’s tongue to be “greenish” in color which he opines is evidence of recent marijuana consumption. Several empty beer cans found in cooler in car. Defense utilizes booking video and client’s medical records to counter government case. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeMay, 2011

Police are called to convenience store to investigate a fender bender that happened in the parking lot and was witnessed by the store clerk. Clerk alleges drunk driver hit another car in lot with his truck and then proceeded to enter the store in an attempt to hide from witnesses and police. Store clerk testifies that he had to pull the driver from the bathroom to hand him over to police. Arresting officer testified that when he arrived at store the alleged drunk driver was standing at the store cashier counter buying an item. The police allege the driver became argumentative and uncooperative at the scene prior to his arrest. The defense excludes this evidence as violating the defendant’s right against self-incrimination as his behavior amounted to a refusal to participate in field sobriety tests which is inadmissible in Massachusetts’ OUI prosecutions. Not guilty verdict following trial.

MA OUI Drugs Charge DismissedApril, 2011

Police stop erratic driver at 7:30 a.m. in busy weekday commuter traffic. Driver denies alcohol consumption but admits that he took several of his regular medications as prescribed, including painkillers and anti-anxiety drugs. Driver has difficulty with several filed sobriety tests and is arrested charged with Operating Under the Influence of Drugs. At the station the driver agrees to participate in a Drug Recognition Evaluation (DRE) and he answers several questions regarding his use of prescribed narcotic drugs. Defense argues that entire DRE interview and evaluation process occurred without the defendant receiving, acknowledging or waiving his right to remain silent under Miranda. Motion granted and all statements are suppressed as evidence. Defense further excludes Drug Recognition Evaluation opinion testimony as government cannot overcome challenge to scientific validity of Drug Recognition Evaluation protocol and training process. OUI Drug Charge dismissed.

NH DWI Charge DismissedApril, 2011

Police stop alleged drunk driver for failure to yield to police cruiser entering main road from side street. Prosecution alleges poor performance on standard field sobriety tests. Defense produces medical records documenting client’s painful foot injury which affects performance on balance/coordination tests. Booking video depicts cooperative, alert and attentive driver immediately following arrest. DWI charge dismissed.

NH DWI Charge DismissedApril, 2011

Police called to scene of disabled pick-up truck by tow truck operator. Tow operator believes owner of vehicle is impaired by alcohol. Police find several empty beer cans in and around the truck. The driver denies drinking anything until he had to sit and wait over one (1) hour for the tow truck to arrive. Driver submits to field sobriety tests and fails all tests. He later refuses the breath test. Defense prepared to argue State cannot prove operation and impairment by alcohol at the time of operation. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeApril, 2011

Police stop alleged drunk driver for speeding violation after watching him drive from parking lot of local tavern. Defense challenges arresting officer’s version of roadside encounter with driver and sequence of field sobriety testing. Client testifies as to his version of events, including operation, alcohol consumption, and roadside encounter with police. Not guilty verdict following trial.

Not Guilty MA OUI ChargeApril, 2011

Alleged drunk driver is stopped on early morning hours of New Year’s day by police officer working special OUI “over the limit/under arrest” detail. Police allege woman ran a red light entering traffic square and then proceeded to fail standard field sobriety tests. Defense challenges validity of field sobriety tests given location on busy highway on-ramp coupled with wet, snowy road conditions. Defense calls client’s friend who spent the entire afternoon, evening and early morning hours with her to counter the police opinion that she was impaired by alcohol and unsafe to drive. Not guilty verdict following trial.

Not Guilty verdict MA OUI ChargeApril, 2011

Alleged drunk driver stopped by police for speeding violation. Arresting officer notes odor of alcohol and glassy/bloodshot eyes. Driver participates in numerous filed sobriety tests with partial success before complaining of shortness of breath and chest pains. Medical technicians called to scene but driver refuses treatment. Defense argues nervousness and fear caused anxiety attack at roadside. Once calmed down the driver showed little indicia of impairment and his driving was unremarkable other than a mere speeding violation. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMarch, 2011

Police stop alleged drunk driver for operating at night without headlights illuminated. Driver attempts field sobriety tests after removing 4 inch heels. Defense challenges validity of tests while suspect bare-footed at roadside in cold temperatures. Prosecution seeks to admit driver’s post-arrest admission to taking several prescribed medications in combination with .06 BrAC breath test results to prove impairment by combination of alcohol and drugs. Defense excludes post-arrest admission to drug/alcohol combination in violation of Miranda warnings. Not guilty verdict following trial.

Not Guilty verdict MA OUI ChargeMarch, 2011

Police stop alleged drunk driver for failure to yield to oncoming police cruiser while making left hand turn. Numerous field sobriety tests and statements of driver are excluded by defense with pre-trial motions to suppress based on client’s actual stated refusal of same test due to physical limitations. Defense utilizes driver’s extensive medical records documenting vertigo, lower back and knee injuries to counter government’s allegation that driver exhibited signs of impairment on remaining field sobriety tests. Client’s testimony is key to countering police allegation of alcohol impairment. Not guilty verdict following trial.

MA OUI Charge DismissedFebruary, 2011

Police pull over vehicle after noticing driver fails to proceed through traffic signal immediately when light turns green. Driver refuses to participate in field sobriety tests and becomes angry when asked to step from vehicle. Prosecution unable to produce necessary police witness at trial. OUI charge dismissed.

NH DWI Charge DismissedJanuary, 2011

Alleged drunk driver stopped by police on highway for speeding violation. Driver admits to drinking “a few beers” several hours earlier. Driver’s performance on standard field sobriety tests are alleged to be indicative of impairment. Driver’s physical limitations effect validity of field sobriety tests. DWI charge dismissed.

NH DWI Charge DismissedJanuary, 2011

Police stop alleged drunk driver for marked lane violation. Officer notes that driver walks with limp and may have difficulty with standard balance and coordination tests. Defense prepared to offer evidence that operation of vehicle consistent with driver lost and unfamiliar with area. DWI charge dismissed.

NH DWI Charge DismissedJanuary, 2011

Alleged drunk driver stopped by police for speeding violation. Officer detects odor of alcohol on driver’s breath and alleges poor performance on field sobriety tests. Defense prepared to challenge arresting officer’s use of non-standardized field sobriety tests in light of recognized protocol for field sobriety testing. DWI charge dismissed.

NH DWI Charge DismissedJanuary, 2011

Alleged drunk driver stopped for speeding while operating motorcycle in busy concourse during annual “bike week.” Defense prepared to argue client’s performance on field sobriety tests, operation of motorcycle, demeanor, behavior, and cooperation with law enforcement do not constitute evidence of actual impairment by alcohol. DWI charge dismissed.

MA OUI Drugs Charge DismissedDecember, 2010

Police respond to citizen report of impaired driver that has struck curb and disabled vehicle. Defense challenges prosecution’s ability to prove alleged impaired driver’s knowledge of side effects of prescribed medications and police officer’s qualifications to testify as to effects of prescribed medication and safe driving ability. Defense also files Motion To Dismiss OUI charge for failure of police to properly advise alleged impaired driver of statutory rights to breath test and right to independent doctor exam. OUI Drugs charge dismissed on trial date.

NH DWI Charge DismissedDecember, 2010

Police stop alleged drunk driver for failure to yield to pedestrian in crosswalk. During field sobriety testing officer is interrupted, and driver is distracted by on-looking vocal witnesses at roadside. Evidence is insufficient to establish “impairment to any degree.” DWI charge dismissed.

NH DWI Charge DismissedDecember, 2010

Police arrive at scene of single car accident. Alleged Drunk Driver is found nearby claiming his car was taken from local house party without his permission. Police arrest alleged driver and obtain breath test results which are later excluded by defense as evidence in Court. DWI charge dismissed for lack of evidence.

Not Guilty Verdict NH DWI ChargeDecember, 2010

Alleged drunk driver stopped by police for one-way street violation in vicinity of night club at closing time. Defense challenges police administration of field sobriety tests and accuracy of reported .14 BrAC breath test in light of client’s documented G.E.R.D. condition. Not guilty verdict entered at trial on DWI charge.

Not Guilty verdict MA OUI ChargeDecember, 2010

Police respond to citizen cell phone report of erratic operator stopping driver on busy roadway. Defense challenges validity of field sobriety tests in light of driver’s language barrier and freezing cold temperatures at scene of stop. Not guilty verdict following trial.

NH Drunk Driving Case DismissedNovember, 2010

Police stop client for marked lanes violations. Client admits to drinking three (3) beers but refuses to participate in field sobriety tests. Post arrest breath test results in .12 BrAC. Government unable to admit breath test. DWI charge dismissed prior to trial.

Not Guilty verdict MA OUI ChargeNovember, 2010

Police respond to scene of single car accident where car rests on its roof having severed utility pole. Alleged drunk driver is removed from driver’s seat by good Samaritan. Police note client’s slurred speech, glassy droopy eyes and odor of alcohol from her breath when she speaks. Further note client’s unsteadiness when she walks to ambulance with EMTs. Arresting officer admits that client’s appearance and demeanor could be evidence of injury from crash. Not guilty verdict following trial.

NH Drunk Driving Case DismissedOctober, 2010

Police respond to scene of two car accident. Client is shaken from crash and unsure whether traffic signal gave her the green light. First officer on scene interviews driver but does not detect any signs of impairment. Second officer on scene reaches opposite conclusion noting odor of alcohol, unsteadiness and slurred speech. DWI Charge dismissed prior to trial.

NH DWI Charge DismissedOctober, 2010

Alleged drunk driver stopped for speeding violation. Police detect odor of alcohol and client admits to having two drinks with dinner. Client refuses to participate in field sobriety tests and later refuses breath test. DWI charge dismissed prior to trial.

NH DWI Charge DismissedOctober, 2010

Police respond to scene of one car accident. Client accused of drunk driving is injured and bleeding from head wound. Police detect odor of alcohol while client is treated in ambulance. Unopened alcohol bottle found in wrecked car. At hospital client refuses to submit to requested blood test. Defense prepared to argue lack of evidence of impairment. DWI Charge dismissed prior to trial.

Not Guilty verdict MA OUI ChargeOctober, 2010

Client stops at construction barrier to speak to police officer working detail. Client engages officer in conversation stating he must drive up road closed to traffic to get to his home. Officer notes odor of alcohol and unusual pupil dilation. Accused drunk driver denies drinking and states he is coming from work. Detail officer calls in second police unit who respond and arrest client when he refuses to participate in field sobriety tests. Defense prepared to utilize booking video to show lack of impairment. Police testify that observations led to opinion that driver “had consumed some alcohol.” Not guilty verdict following trial

MA DUI Case DismissedSeptember, 2010

Client stopped on highway for speeding and failure to signal lane change. Police note that driver passes both one-leg stand and walk and turn test but he is arrested based on driving an admission to drinking. Post arrest breath test result .14 BrAC. Defense prepared to challenge accuracy and reliability of breath test. Government unable to proceed with necessary witnesses despite multiple trial dates. OUI Charge dismissed.

NH Drunk Driving Case DismissedSeptember, 2010

Police follow alleged drunk driver’s vehicle for over one (1) mile as it proceeds at normal speed on divided roadway. At point in road where lanes widen to allow left turn only at traffic light client’s driver side wheels cross solid white line dividing left turn only lane from main lane of travel. After proceeding through intersection car’s driver’s side tires touch on, but not over, divided yellow line. Court allows defense Motion to Suppress ruling police lacked reasonable basis for initial traffic stop. DWI Charge Dismissed.

MA DUI Case DismissedAugust, 2010

Client is involved in minor rear end traffic accident driving home in early morning following late night shift as bartender. Police allege client fails field sobriety tests and insists other driver was drinking, despite hour of the day, 8:30 a.m. Government unable to present necessary witnesses to prove case on second trial date. OUI charge dismissed.

MA DUI Case DismissedAugust, 2010

Client is stopped by police for illegal u-turn. Following field sobriety tests driver arrested and later submits to breath test with .12 BrAC result. Defense prepares case for initial trial, but unable to select impartial jury panel due to issues in case, including clients admitted use of prescription drugs. Government unable to present necessary witnesses at next two (2) scheduled trial dates. OUI charge dismissed for lack of prosecution.

Not Guilty verdict MA OUI ChargeAugust, 2010

Police respond to scene of single car accident. Witnesses responding to scene cannot place client behind wheel as driver. Police note alleged DUI perpetrator’s slurred speech, odor of alcohol and unsteadiness. Client refuses medical attention and is arrested for OUI following field sobriety tests. Government cannot corroborate client’s admission that he was actual driver of car. Not guilty verdict at trial.

Not Guilty verdict MA OUI ChargeAugust, 2010

Citizen cell phone caller reports single car accident with vehicle weaving all over road before striking tree head on. Police note an odor of alcohol on driver who is transported from scene via ambulance. Alcohol containers found in passenger compartment of car. Defense excludes use of driver’s medical records at trial. Not guilty verdict entered at close of government’s case.

NH Drunk Driving Case DismissedJuly, 2010

Alleged drunk driver returns to jurisdiction after being absent for years on charge of DWI and Bail Jumping. Defense does not concede facts of original DWI arrest. Government unable to proceed on facts of DWI case given passage of time. DWI Charge is dismissed prior to trial.

NH DWI Charge DismissedJuly, 2010

Police respond to report of domestic violence incident. Client spends at least thirty (30) minutes with police describing incident involving her estranged husband. When client leaves scene to return home to check on her children she is met by same police and arrested for DWI. Defense obtains dismissal of NH drunk driving case prior to trial.

Not Guilty Verdict NH Drunk Driving CaseJune, 2010

Police respond to area of reported alleged drunk driver pushing disabled motorcycle. Client is tackled to ground while pushing bike on shoulder of road when he doesn’t respond to police verbal commands to stop. Police note odor of alcohol, slurred speech and red, glassy eyes. Client is angry and belligerent when taken into custody for disobeying police. Field sobriety tests are not offered and client angrily refuses to take blood test. Not guilty verdict following trial.

NH DWI Charge DismissedJune, 2010

Police respond to report of driver with flat tire in parking lot of fast food establishment. Police arrive and note driver has driven some distance to location with shredded tire. Client admits to drinking two (2) beers at friend’s house and two (2) beers earlier with dinner. Open eighteen pack of beer in trunk is missing just two (2) bottles. Driver accused of drunk driving participates in field sobriety tests but is hindered by large body size and later refuses breath test. Defense obtains dismissal of DWI charge prior to trial.

NH Drunk Driving Case DismissedMay, 2010

Police respond to private college campus for report of fight in progress. Client is found sitting in parked car with three (3) friends outside of dormitory in student parking lot. Lot is posted with signage reading “Authorized Student Parking with Sticker Only, All Others Will Be Towed.” Alleged drunk driver is arrested for DWI following completion of investigation of reported fight. Post arrest breath test .14 BrAC. Defense prepared to argue “necessity” defense, as client felt he had to leave scene of fight for his, and his friends’ safety. Defense also challenges government’s ability to prove private parking lot was a “way” for purposes of drunk driving statute. DWI charge dismissed before trial.

NH DWI Charge DismissedMay, 2010

Client is stopped for speeding in early morning hours. Officer alleges client’s speech is “slow and deliberate” and there is a moderate odor of alcohol coming from vehicle. Police issue exit order for field sobriety testing. Client is accused of drunk driving and arrested and submits to post arrest breath test of .11 BrAC. Defense utilizes administrative hearing process to build record to challenge both legality of initial detention and accuracy of breath test. Defense files and is prepared to argue Motion to Suppress. DWI charge dismissed before trial.

MA DUI Case DismissedMarch, 2010

Client stopped for speeding violation on highway and is arrested for OUI. Post arrest breath test discloses .09 BrAC. Arrest report does not disclose involvement of any other person or driver at scene of arrest. Defense investigation through alleged drunk driver intake reveals second motorist stopped in the breakdown lane at scene of client’s stop, engaged police with requests for directions, and was then arrested at scene for possession charge and transported and booked with client. Defense raises police failure to disclose “two for one” arrest scene or identity of witness. OUI charge dismissed for lack of prosecution.

MA DUI Case DismissedMarch, 2010

Client stopped at Roadblock Sobriety Checkpoint. Police allege client failed field sobriety tests and submitted to breath test with result of .14 BrAC. Defense files Motion to Suppress challenging the validity and constitutionality of Police Roadblock as conducted. Court rules government cannot establish police conducted roadblock pursuant to latest and most stringent guidelines. Motion to Suppress granted. OUI Charge Dismissed

NH DWI Charge DismissedMarch, 2010

Client is stopped on highway for speeding violation. Officer detects odor of alcohol and client admits to two (2) drinks with dinner. Following exit order client refuses to participate in field sobriety tests because they are “tricks” used by police. Defense utilizes booking video to demonstrate client’s appearance and demeanor following arrest. NH drunk driving case dismissed before trial.

Not Guilty Verdict MA DUI CaseMarch, 2010

Police respond to 911 complaint about vehicle parked on lawn of apartment building. Officer finds client sitting behind wheel of car, keys in ignition, eating McDonalds food. Vehicle is well onto lawn with tire tracks leading back across lawn, over curb and sidewalk into public way. Police allege driver failed field sobriety tests after asking officer if he could “take a piss” before starting. Defense cross exam establishes officer failed to record any other statements made by client during long field interview and that police never investigated possibility that another driver left car on lawn. Not guilty verdict following trial.

Not Guilty NH Drunk Driving Case Complaint & Felony Reckless ConductFebruary, 2010

Police observe driver exit corvette in front of restaurant/bar at closing time. It appears client is refused entry, returns to car, and according to police, revs engine, spins tires and launches corvette towards front window of tavern stopping just short of crashing through window twice. Client pulled from car where upon he make incriminating statements about driving and drinking. Post arrest breath test .19 BrAC. Defense excludes breath test due to machine error and police violation of sample capture rules. Defense Motion to Suppress all statements also allowed before trial. Not guilty verdict on DWI and Felony Reckless Conduct after trial.

MA OUI Charge DismissedFebruary, 2010

Police respond to 911/citizen report of driver leaving retail store and possibly impaired by alcohol. Police stop driver, who submits to and fails several field sobriety tests. Police initially decide to charge OUI Drugs because Preliminary Breath Test (PBT) discloses only .05 BrAC. Criminal complaint issues of OUI Liquor but police did not properly advise client of each and every implied consent right, including right to independent medical/doctor exam. Defense Motion to Dismiss granted. OUI Charge Dismissed.

Not Guilty Verdict MA DUI CaseFebruary, 2010

Alleged drunk driver stopped for speeding returning from rained out Red Sox game. Admits to drinking a few beers earlier. Police allege he failed field sobriety tests and then attempted to gain favor by claiming to be a firefighter, then a police officer then a truck driver. Defense presents evidence that police misconstrued the defendant’s actual statements which were he was a father, his brother and passenger was a firefighter, and he would not take a breath test because he had once worked as an auxiliary police officer and was familiar with the machine’s limitations. Not guilty verdict following trial.

Not Guilty MA OUI ChargeFebruary, 2010

Police respond to scene of two (2) car accident, where client has crashed into back of parked tractor trailer on side of highway. Client clearly injured in crash with airbag deployment, but refuses medical treatment. Client is lost and admits to speeding and driving poorly. Police allege client is upset, irrational and belligerent during booking following his arrest for OUI. Defense puts in evidence of defendant’s alleged refusal of breath test to show he wanted to take breath test and then blood test, but was denied both by police, thereby explaining his behavior and emotions. Not guilty verdict following trial.

NH Administrative License SuspensionJanuary, 2010

Client arrested by police for alleged NH drunk driving offense and brought to the station where he agrees to submit to requested breath test. Arresting officer deems client a refusal on the breath test because he will not submit enough breath for valid breath test. Machine operator notes that client appears to be trying to blow properly. Driver tells police that he has limited lung capacity due to history of collapsed lung. Administrative hearing officer agrees with defense that client’s disability did not render his attempted performance of the test a “refusal.” Six (6) month breath test refusal license suspension vacated after hearing.

MA DUI Case DismissedJanuary, 2010

Accused drunk driver stopped by police for allegedly running stop sign in early morning hours. Police allege client performed poorly on field sobriety tests, including alphabet, one-leg stand and walk and turn test. Defense prepared to challenge validity of tests with photographs of roadway and stop area. OUI complaint dismissed for lack of prosecution when Government unable to go forward on second trial date.

NH Drunk Driving Case DismissedJanuary, 2010

Client is followed in parking lot of late night convenience store by police who had clocked him speeding. Client admits to drinking after playing basketball earlier that evening. Client’s performance on some of the field sobriety tests is near perfect, while he has difficulty with others. DWI charge dismissed prior to trial.

NH Drunk Driving Charge DismissedDecember, 2009

Client stopped for speeding on country road. Tells police that she is driving friend home from Chinese restaurant where she consumed two (2) drinks in last hour. Police allege driver failed field sobriety tests. Post arrest booking video utilized to refute claims that client was impaired, unsteady or slurring her words. DWI Charge Dismissed prior to trial.

Not Guilty MA DUI ChargeDecember, 2009

Police respond to report of erratic operator on highway. Reporting civilian witnesses follow driver to his home and watch him exit car in driveway and enter home. Police respond some time later, interview client and arrest him following field sobriety tests in driveway. Post arrest breath test .11 BrAC. Defense presents evidence that client arrived home without incident, proceeded to pour himself a drink and was on his second drink and speaking to his wife on the phone when the police arrived unexpectedly at his door. Not guilty verdict following trial.

Not Guilty NH DWI ChargeDecember, 2009

Alleged drunk driver stopped for speeding. Denies that he was drinking this night. Police detect odor of alcohol, red/glassy eyes and unsteadiness upon exit. Police allege defendant performed poorly on field sobriety tests and refused post arrest breath test. Defense presents evidence of client’s prior medical conditions including injuries to his toes, knees and inner ears, all of which invalidate field sobriety tests. Not guilty verdict following trial.

Not Guilty NH DWI ChargeDecember, 2009

Police conducting building check see client’s truck leaving parking lot at high rate of speed. Officer later sees same truck stopped at a green light some distance away. Vehicle stopped, police note odor of alcohol and admission that driver had a couple of beers earlier at a party. Police note driver’s zipper down, client explains that he was hoping to get lucky with his girlfriend earlier in parking lot. Defense challenges police administration and interpretation of field sobriety tests and argues driver’s refusal of breath test is explained by his earlier experience with the machine, which he does not trust. Not guilty verdict following trial.

MA Roadblock OUI Charge DismissedNovember, 2009

Driver accused of drunk driver is stopped at Sobriety Checkpoint Roadblock driving home. Admits to screening officer that he went out for drinks after work. Driver arrested following field sobriety tests, post arrest breath test .15 BrAC. Defense files Motion to Suppress, challenging the validity and legality of the Roadblock as conducted. Government cannot meet its burden to justify Roadblock as conducted. OUI Charge Dismissed.

Not Guilty MA OUI ChargeNovember, 2009

Client is stopped on highway for speeding and marked lanes violations. Police note an odor of alcohol, slurred speech and poor performance on field sobriety tests. Defense focuses cross examination of arresting officer on evidence of sobriety not included in the arrest report, location of the field sobriety tests, and absence of any video depicting custody and booking sequence. Not guilty verdict following trial.

MA Roadblock OUI Charge DismissedOctober, 2009

Client stopped at Roadblock and is subsequently arrested for OUI offense. Post arrest breath test is .14 BrAC. Defense files Motion to Suppress Warrantless Stop and Arrest at Roadblock. Government cannot meet its burden to justify the stop pursuant to the strict guidelines in place and recently developing case law on the issue of roadblocks. OUI Charge dismissed.

NH DWI Charge DismissedOctober, 2009

Client stopped by police for marked lanes violation. Police note odor of alcohol and difficulty controlling wiper blades, headlights and ignition during stop. Driver extremely nervous and apologetic, noting his decision to go out was a mistake with a child at home. Police allege poor performance on field sobriety tests and a post arrest breath test of .11 BrAC. Defense negotiates a dismissal of the DWI charge prior to trial.

NH Driving While Drunk Charge DismissedSeptember, 2009

Police officer turns to follow vehicle on country road after noting one of the front “marker” lights was out. Officer runs plate, which comes back registered to different vehicle, and then stops vehicle for marker light violation and plate violation. Later determined that Officer typed in wrong plate # and car is actually properly registered. Under 21, client accused of drunk driving admits to drinking, but denies impairment, as he is driving home two girls, one of whom is passed out in his back seat. Driver arrested after field sobriety tests for DWI. Court allows defense Motion to Suppress, agreeing that “front marker light” is not required equipment under the motor vehicle code, nor is light being out a basis for a civil motor vehicle infraction. Stop deemed illegal, DWI complaint dismissed.

MA DUI Case DismissedSeptember, 2009

Police respond to scene of one (1) car accident where client’s car struck pole at lunch time. Police note odor of alcohol, slurred speech and client chewing gum. Client removed from scene due to injuries to her arm and head without field sobriety testing. Days later police mail citation to client for OUI offense and Negligent Driving. Defense argues Motion to Dismiss for failure to issue citation pursuant to “no fix” statute, which requires notice of offense by citation at time and place of offense. OUI Charge Dismissed.

NH Drunk Driving Charge DismissedSeptember, 2009

Police find alleged drunk driver asleep in vehicle which is legally parked on city street. Driver denies any intent to drive, only sleeping until sober enough to drive home safely. Police arrest defendant following field sobriety tests. Post arrest breath test .11 BrAC. Defense prepared to argue operation and will not concede client intended to operate vehicle in light of evidence. DWI Charge Dismissed.

Not Guilty MA OUI ChargeSeptember, 2009

Client stopped for speeding returning to wedding hotel location. Driver admits to “a couple of beers”. Police note an odor of alcohol, but no slurred speech. Officer arrests driver following field sobriety tests. Defense cross exam focused on police observing the accused drunk driver drive normally over the course of almost one (1) mile, actual performance on field sobriety tests, in light of disclosed ankle injury and lack of evidence of impairment. Not Guilty Verdict entered at trial by Court at close of Commonwealth’s case.

Not Guilty NH DWI ChargeAugust, 2009

Client stopped for marked lanes violation. Police allege driver is spraying body scent throughout car to cover alcohol odor. Police request that accused drunk driver submit to field sobriety testing, however client exercises his right to refuse both field tests and breath test. Defense utilizes booking video to refute claim that client is unsteady and slurring his words. Not guilty verdict following trial.

Not Guilty NH Aggravated DWI ChargeJuly, 2009

Police stop client for driving 66 M.P.H. in posted 35 M.P.H. zone. DWI charge with speed violation in excess of 30 M.P.H. over posted results in Aggravated DWI charge, enhanced penalties including jail sentence. Arresting officer testifies that client failed portions of field sobriety tests but did well on others, having admitted to three (3) rum and cokes over course of evening. Defense focuses on lack of evidence of impairment including no evidence of slurred speech, swaying or unsteadiness. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJuly, 2009

Client is stopped by police for speeding on highway off-ramp. Police allege odor of alcohol, slurred speech and difficulty with field sobriety tests. Defense introduces evidence of client’s surgically repaired toe which would invalidate balance and coordination tests and his heavy French accent that renders his speech difficult to understand. Defense witness, defendant’s wife, refutes the events of the traffic stop and arrest and offers evidence of alleged drunk driver’s sobriety. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJuly, 2009

Police stop driver after observing him enter mall parking lot through driveway marked “Exit Only.” Driver is barefoot in November and displays evidence of recent leg injury. Police allege he smells of alcohol and admits to a number of drinks earlier. Client accused of drunk driving refuses all field tests following successful completion of alphabet test. Post arrest breath test is .17 BrAC. Defense challenges accuracy and precision of breath test as it relates to required proof of alcohol by weight in blood. Not guilty verdict following trial.

NH Drunk Driving Case DismissedJune, 2009

Police respond to scene of single car accident and find car crashed through mailboxes and perched on top of snow bank. Driver denies he’s impaired and refuses to submit to field sobriety tests. Officer alleges client had odor of alcohol on his breath and swayed throughout his contact with him. DWI charge dismissed prior to trial.

Not Guilty MA DUI CaseJune, 2009

Client is stopped by police foot patrol for speeding in downtown area. Police allege client admitted to two drinks, failed portions of field sobriety tests and submitted to .19 BrAC post arrest breath test. Defense challenges validity and accuracy of breath test, including length and volume of breath samples and evidence of stomach alcohol contaminating breath test results. Not guilty verdict following trial.

Not Guilty MA DUI CaseJune, 2009

Driver enters garage/service station on Friday evening seeking assistance with two flat tires. Employee suspects driver is impaired by alcohol based on speech and demeanor and flags down passing police officer. Police investigation leads to OUI arrest. Defense focuses on lack of evidence of impairment and possibility that alleged drunk driver not impaired despite odor of alcohol, unsteadiness, red eyes and slurred speech. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJune, 2009

Police follow driver for over one mile noting multiple minor marked lane violations. Client admits to drinking and states “I’m in big trouble, I’m going to jail.” Client’s nervousness, fear and embarrassment are evident throughout his field sobriety tests. Not guilty verdict following trial.

NH Drunk Driving Case DismissedMay, 2009

Police stop client for marked lanes violation. Driver admits to consuming four beers over several hours. Police note driver fumbled with ignition and wiper controls before exiting car. Evidence supports client’s nervousness and emotional upset, further claims leg injury hampers his ability to complete standard field sobriety tests. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeMay, 2009

Police officer stops client for speeding violation in downtown area. Client admits to drinking two glasses of wine and one beer over course of evening. Officer alleges young woman fails standard field sobriety tests and submits to post arrest breath test with .15 BrAC. Defense challenges validity of both field sobriety tests and breath test, as it relates to required proof of certain level of alcohol by weight in blood. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2009

In early morning hours police officer finds client sleeping in car parked at Department of Conservation lot adjacent to public beach. Engine running. Client admits to drinking earlier at Celtics game. Police allege client failed field sobriety tests and post arrest breath test is .14 BrAC. Driver is also charged with trespassing as DCR lot is closed to public after dusk. Directed verdict of not guilty entered at trial because driver cannot be charged with operating under influence on “way” open to the public and be trespassing at the same location.

NH Under 21 DWI Charge DismissedApril, 2009

19 year old alleged drunk driver is stopped by police in early morning hours for marked lanes violation. Officer detects odor of alcoholic beverage and client admits that he did drink hours earlier. Field sobriety tests are unremarkable, but post arrest breath test disclosed .04 BrAC (per se offense .02 BrAC for Under 21 Drivers). Defense prepared to rebut accuracy of breath test in light of lack of evidence of impairment. DWI charge dismissed prior to trial.

Not Guilty NH DWI (Drugs) ChargeApril, 2009

Client responds to local Police Department in regards to civil restraining order. Officer at station alleges client drives into parking lot erratically, slurs words and is slow and lethargic. Officer requests second patrolman respond to investigate possible DWI Drugs and contact field sobriety tests. Post arrest blood test reveals 17029 ng/ml Butalbital. Defense contrasts testimony of second officer who contradicts observations of first officer and challenges validity of blood test which discloses what should be a lethal level of controlled drug. Not guilty verdict following trial.

MA Roadblock OUI/DUI Case DismissedMarch, 2009

Client stopped at sobriety checkpoint roadblock in early morning hours. Driver admits to drinking and police allege she failed field sobriety tests while displaying slurred speech and glassy/bloodshot eyes. Post arrest breath test results .15 BrAC. Defense argues roadblock as conducted is unconstitutional in light of written operational plan which was not followed and scope of allowable roadside inquiry, which was exceeded. Court allows Defense Motion to Suppress. OUI charge dismissed.

MA DUI Case DismissedMarch, 2009

Client is stopped by police on rural road in early morning hours. Police allege he drove on fog line and then crossed center line several times, before being stopped outside realty office. Police allege driver failed several filed sobriety tests with post arrest breath test results of .15 BrAC. Defense Motion to Suppress forces government to justify stop of vehicle for traffic violations. Police testimony held unreliable on issue of observed moving violations, in that alleged marked lanes violations occurred, according to police report, in an area that falls well beyond true area of stop. Motion to Suppress allowed, OUI Charge Dismissed.

NH Drunk Driving Case DismissedMarch, 2009

Police stop client for alleged marked lanes and speeding violations. Officer detects odor of alcohol, red & glassy eyes, and admission to drinking “a few” coming from a bachelor party. Police allege client fails standard field sobriety tests. Defense prepared to challenge validity of tests and utilize booking video to rebut allegations of intoxication. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeMarch, 2009

Alleged drunk driver causes head-on collision at busy intersection after passing on the right of slowed traffic. Other driver testifies that client pleaded “Don’t call the police, I’ve been drinking.” Police respond and find both beer and marijuana in client’s vehicle. Young client is cooperative and polite with police. He admits to drinking “four beers, big ones, 16 oz.” over course of afternoon. Defendant refuses both field sobriety tests and breath test, each refusal being inadmissible in Massachusetts Courts. Defense focuses on lack of other indicia or evidence of impairment and notes that client walked, talked and otherwise acted normal but nervous. Not guilty verdict following trial.

NH Drunk Driving Case DismissedFebruary, 2009

Alleged DWI perpetrator stopped by police for marked lanes violation. Admits to drinking. Police allege defendant appeared unsteady with an odor of alcohol, slurred speech and glassy eyes while performing poorly on standardized field sobriety tests roadside. Defense utilizes police booking video taken minutes after arrest which depicts client as collected, clear headed, articulate and steady. DWI charge dismissed prior to trial.

MA OUI Charge DismissedJanuary, 2009

Alleged drunk driver arrested following high speed chase and submits to post arrest breath test with .15 BrAC results. Defense obtains booking video which includes evidence that police violated statutory provision that defendant be advised of right to independent medical evaluation, police did not properly conduct fifteen (15) minute pre-test observation period and police allowed breath test to continue despite fact that defendant clearly burped just minutes before the breath test. Defense Motion to Dismiss OUI charge for statutory violations allowed.

MA OUI Charge DismissedJanuary, 2009

Client causes rear end collision at busy intersection outside hospital. Upon arrival Police allege they detect odor of alcohol and slurred speech with an admission to drinking hours earlier. Accused drunk driver is transported for medical evaluation of possible head injury without field sobriety tests being conducted. Defense utilizes medical records, which do not reference alcohol or indicia of impairment to rebut officer’s observations. OUI charge dismissed by Court on Defense Motion to Dismiss.

MA DUI Case DismissedJanuary, 2009

Police allege client’s vehicle operated on, but not over center line with defective brake light. Following stop driver admits to drinking, allegedly fails field sobriety tests and fails post arrest evidentiary breath test. Defense successfully argues motion to suppress utilizing cruiser video and independent video of client’s vehicle with lights on. Both videos show only one (1) of six (6) possible rear marker lights was out, although all brake lights, turn signals and back up lights worked properly. Further driving briefly on center line, as opposed to over it does not constitute a moving violation. Defense Motion to Suppress Stop as illegal allowed. OUI charge dismissed.

NH Drunk Driving Case DismissedDecember, 2008

Client stopped by police for weaving within marked lanes in heavy traffic at beach. Client admits that he drank only “two beers” and was fumbling with his cell phone while driving causing the vehicle to weave. Police allege client fails field sobriety tests, although he discloses prior to tests that he has severe leg pain and lower limb disability due to earlier traumatic injuries. DWI charge dismissed prior to trial.

NH DWI Charge DismissedDecember, 2008

Client stopped for speeding coming home from high school graduation party. Client admits to drinking and submits to field sobriety tests. Defense prepared to challenge field sobriety tests in light of client’s position facing moving traffic during horizontal gaze nystagmus test and use of uneven, unpaved portion of roadway shoulder for balance and walking tests. Defense also prepared to offer testimony of client’s passenger that driver was safe and sober. DWI Charge dismissed prior to trial.

NH DWI Charge DismissedDecember, 2008

Client approaches abandoned vehicle on highway being attended to by police and tow truck in early morning hours. Police allege client drove dangerously close to officer in roadway tending to flare display. Client accused of drunk driving stopped and ordered from car for field sobriety tests following admission to drinking. Defense prepared to challenge validity of field sobriety tests given adverse weather conditions and client’s level of fatigue following long week of second shifts. Booking video offers evidence of client’s condition in the minutes following the arrest. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeNovember, 2008

Client falls asleep at wheel driving home, strikes vehicle in front of her, and flips car onto side in highway breakdown lane. Police respond and put client through field sobriety tests after she admits to having drinks with friends after work. Defense cross exam focuses on client’s excellent performance on most of the field sobriety tests in light of the chaotic atmosphere of the accident scene. Post arrest breath test of .12 BrAC excluded as evidence. Not guilty verdict following trial.

Not Guilty MA OUI ChargeNovember, 2008

Client enters police station to bail out friend, who has been arrested for OUI. Desk Officer offers to make change for the client so he can buy soda from machine in waiting area. Upon entering waiting area, Police Officer alleges client has overwhelming odor of alcohol coming from his breath, slurs his words and struggles for two (2) minutes trying to put correct change into soda machine. Officer requests client submit to field sobriety tests which he starts but then refuses to complete. At trial police officer testifies that client was, in his opinion “wasted.” Not guilty verdict following trial.

NH Drunk Driving Case DismissedOctober, 2008

Police stop driver for speeding violation. Client admits to consuming “a few” drinks and is asked to perform field sobriety tests. Client informs officer that he has balance and leg problems. After arrest client refuses breath test. Defense prepared to offer evidence of client’s prior medical conditions, including substantial weight loss following stress fractures to both legs, as they invalidate field sobriety testing. DWI charge dismissed prior to trial.

NH DWI Charge DismissedOctober, 2008

Out of state resident made aware of pending DWI default from several years prior which he thought was resolved. Client returns to NH to remove default and challenge DWI charge. Government contends they will go forward with original police witness, who has since moved on to federal law enforcement duties overseas, via telephone or video conference testimony. Defense refuses to waive right to confront witness live in court. DWI charge dismissed prior to trial.

NH DWI Charge DismissedOctober, 2008

Elderly client stopped by police for expired registration plates returning from late dinner with friends. Accused drunk driver admits to drinking two beers and completes field sobriety tests to the best of his ability. Preliminary Breath Test (PBT)at roadside reports .11 BrAC. Client refuses subsequent breath test at station. Defense contends PBT is inaccurate given inherent limiations in fuel cell technology and client is not an appropriate candidate for field sobreity tests given his advanced age. DWI charge dismissed prior to trial.

MA Breath Test Evidence ExcludedSeptember, 2008

Client stopped by police following several civilian cell phone reports of erratic operation. Police allege client failed standard field sobriety tests and placed in custody at roadside after 7:40 p.m. Post arrest breath test administered at police station results in .20 BrAC reported at 8:03 p.m. Court allows defense Motion to Exclude Breath Test Evidence because government cannot establish a valid fifteen (15) minute waiting observation period preceded breath test, in light of arrest time, travel and transport to station and reported test time.

NH DWI Charge DismissedSeptember, 2008

Police observe accused drunk driver’s vehicle turn through intersection at high rate of speed with screeching tires. Following stop police allegedly observe slurred speech, unsteadiness and a strong odor of alcohol. Client arrested following standard field sobriety tests. Defense prepared to challenge accuracy and validity of field tests and post arrest .12 breath test in light of client’s booking video where he is polite, steady and clear and concise in his speech. DWI charge dismissed prior to trial.

MA DUI Case Breath Test Evidence ExcludedAugust, 2008

Client arrested for alleged OUI offense and transported to police station where she submits to breath test at police direction. Breath test machine reports “ambient air failure,” and aborts testing sequence. Police re-start machine and direct client to submit new breath samples seven (7) minutes later, with reported results of .25/.27 BrAC. Defense argues pre-trial motion to exclude breath test evidence for police failure to conduct a new fifteen (15) minute observation period upon reported “ambient air failure” as required by breath test machine manufacturer’s manual and police breath test operator training manual. Court allows Defense Motion, excluding breath test evidence at trial.

NH Drunk Driving Case Blood Alcohol Test Evidence ExcludedJuly, 2008

Client is transported to hospital following rear end collision with injuries. Police at scene allege driver is highly intoxicated and follow him to emergency room where he is treated. Police seize hospital blood draw and laboratory results for alcohol screen without the client’s consent and without prior judicial approval or search warrant. Defense argues that government seizure of private/privileged medical records, tests and samples violates federal H.I.P.P.A. law and state search and seizure law. Court allows defense Motion to Exclude blood test evidence.

NH Aggravated DWI ChargeJuly, 2008

Accused drunk driver stopped for speeding in early afternoon. Police officer speaks to driver about violation, obtains license and registration and then returns to cruiser to write ticket. Upon return to driver’s window officer detects an odor of alcohol for the first time, which leads to exit order, field sobriety tests and subsequent arrest. Inventory search of vehicle discloses open containers. Speed in excess of 30 M.P.H. over posted leads to Aggravated DWI Charge. Defense prepared to argue that police officer illegally expanded scope of initial speeding stop, which was concluded, when only observation of alleged impairment was an odor of alcohol. Aggravated DWI and DWI charges dismissed before trial.

MA DUI Case DismissedJuly, 2008

Police respond to scene of day time roll over accident where client is found dazed and bleeding outside of vehicle. Witnesses allege client flipped vehicle trying to pass slow moving construction vehicle. Police note odor of alcohol coming from driver’s breath and open containers within vehicle. Client is transported to hospital but no blood is drawn and field sobriety tests do not occur. Defense obtains dismissal of OUI Charge when government not prepared to go forward on second trial date.

MA OUI Charge DismissedJuly, 2008

Police respond to report of “incident” at restaurant between patron and waiter. Several police officers respond to scene and take report from waiter that patron who just left was unruly and rude with waiter when asked to quiet down. Radio call goes out to stop patron who has exited parking lot and is driving away in a certain SUV. After stop, client admits that he had words with waiter and that he drank at dinner with friends. Police allege slurred speech, unsteadiness and poor performance on all field sobriety tests. Client arrested and charged with OUI. Court allows defense Motion to Suppress, holding that police lacked legal justification to stop and detain client based on vague report of “incident.”

NH DWI Charge DismissedJuly, 2008

Police stop client for driving too fast past municipal snow plow during raging snow storm. Client admits to drinking but refuses post arrest breath test. Police allege she failed certain field sobriety tests at roadside. Defense prepared to challenge field tests in light of adverse weather conditions and unsuitable footwear. NH drunk driving case dismissed prior to trial.

Not Guilty MA DUI CaseJuly, 2008

Client is found in early morning hours waiting for tow truck and cab behind the wheel of his damaged and inoperable rental vehicle, with engine running to keep warm. Client initially claims vehicle damaged after being stolen, but later admits he crashed the vehicle himself after getting lost in snow storm. Police allege strong odor of alcohol, slurred speech, and general unsteadiness during initial contact. Defense challenges police version of events when one officer describes client as confused, belligerent and uncooperative and second officer describes client as polite, easygoing and courteous. Not guilty verdict following trial.

NH DWI Charge DismissedJune, 2008

Police respond to civilian report of minor fender bender in parking lot of apartment complex. Client is found outside vehicle in parking lot and police allege he is highly intoxicated, although he denies driving vehicle. Defense will not stipulate to operation. Only witness to establish operation does not appear at time of trial. DWI charge dismissed.

NH Administrative License Suspension VacatedMay, 2008

Client stopped by police for late night marked lanes violations. Following several field sobriety tests client arrested and charged with DWI. Subsequent consensual blood test sent to state lab which reports .19 BAC. Defense challenges chain of custody for blood test at administrative suspension hearing. State cannot produce requisite documentation for chain of custody. Administrative license suspension vacated.

Not Guilty NH Aggravated DWI ChargeMay, 2008

Alleged drunk driver faces enhanced penalties (mandatory jail time and increased loss of license) for Aggravated DWI charge as result of breath test in excess of .16 (twice legal limit of .08) Defense excludes evidence of .23 breath test when breath test operator testifies that required twenty (20) minute observation period at station preceding breath test began at 7:40 p.m. Arresting officer establishes arrest time in street at 7:45 p.m. making valid twenty (20) minute observation period at station an impossibility. Not guilty verdict on Aggravated DWI charge following trial.

NH Drunk Driving Case DismissedMay, 2008

Client stopped leaving restaurant on snow covered road for alleged marked lanes violation. Police allege client exhibited slurred speech and difficulty with standard field sobriety tests after admitting to drinking “two beers”. Defense uses booking video to display driver’s apparant sobriety and is prepared to challenge validity of field sobriety tests and alleged erratic operation in light of snow covered road conditions. DWI charge dismissed prior to trial.

NH Drunk Driving Case DismissedMay, 2008

Police find client sleeping in vehicle parked outside closed pharmacy, keys in ignition, engine running. Client is awoken and submits to field sobriety tests when officer detects odor of alcohol. Defense prepared to argue no evidence of operation or intent to operate. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2008

Two police cruisers sit parked in breakdown lane with emergency lights activated following conclusion of routine highway traffic stop. Officers standing between cruisers inside fogline. Oncoming vehicle does not move from travel lane to passing lane as it approaches parked cruisers and actually touches upon fogline within inches of cruisers as it passes. Police immediately pull out and stop vehicle based on accused drunk driver’s failure to give wide berth. Stop leads to field sobriety tests, arrest and breath test results of .15 BrAC. Defense Motion to Suppress allowed as no reasonable articulable suspicion exists to stop vehicle. DWI complaints dismissed.

NH DWI Charge DismissedMay, 2008

Client stopped for crossing center line at 2:30 a.m. and failing to dim high beams for oncoming police vehicle. Police allege young driver failed standard field sobriety tests and refused breath test. Defense prepared to challenge validity of field tests in light of client’s nervousness and fatigue and lack of evidence of impairment during long video taped booking process. NH drunk driving case dismissed prior to trial.

NH DWI Charge DismissedMay, 2008

Police respond to scene of two car head on collision. Defendant is arrested following field sobriety tests, but is later transported in custody to hospital to address complaints of multiple injuries. Police seize hospital blood draw (.23 BAC) and lab records without defendant’s consent. Defense challenges blood seizure as violation of federal medical privacy law. DWI charges dismissed prior to trial.

NH DWI Charge DismissedMay, 2008

Concerned citizen approaches police and tells them that a “red chevy pick-up with Mass plates is all over the road.” Police find vehicle fitting description within one (1) mile of reporting party and stop vehicle. Client’s performance on field sobriety tests is video recorded. Defense prepared to challenge validity of stop based on vague description of vehicle and operation and will use video to defendant’s benefit at trial. DWI charge dismissed prior to trial.

Not Guilty MA DUI CaseApril, 2008

Client stopped by police for speeding and marked lane violations. Officer notes driver is smoking cigarette, fiddling with GPS unit and dressed in clown suit, make-up and wearing no shoes behind the wheel. Defense challenges validity of field sobriety tests due to precarious location on highway breakdown lane and client’s nervousness, fear and embarrassment. Evidence of .10 breath test excluded due to government’s failure to call proper witness. Not guilty verdict following trial.

Not Guilty MA OUI ChargeApril, 2008

Police respond to scene of single car accident with car into snow bank. Client admits to driving, losing control and drinking “two martinis”. Police escort driver to area free of snow under storefront overhang for field sobriety testing. Defense uses photos of area to show darkened poorly lit area utilized by police for testing. Police admit on cross exam that they did not consider the defendant’s advanced age in determining her ability to perform physical agility tests. Not guilty verdict following trial.

Not Guilty NH DWI ChargeApril, 2008

Client stopped for speeding. Admits to officer that he drank “2 Labbatts” and “2 Natural Lights”. Police testimony on horizontal gaze nystagmus test excluded due to lack of proper foundation that training guidelines followed when administering test. .14 breath test result excluded due to machine operator error. Not guilty verdict following trial.

NH DWI Charge DismissedMarch, 2008

Police follow vehicle with four young people into parking lot of closed supermarket in early morning hours. Client is stopped by police as he exits vehicle at rear of building. Police detect odor of alcohol, slurred speech and glassy/red eyes. Alleged drunk driver refuses to participate in field sobriety tests and becomes verbally argumentative with officer resulting in arrest. DWI charge dismissed prior to trial.

Not Guilty NH DWI ChargeMarch, 2008

Client involved in motorcycle accident requiring transport from scene by ambulance. Responding police detect odor of alcohol, slurred speech, and admission to drinking but cannot conduct field sobriety tests. Police seize hospital blood draw which reveals .23 BAC. over client’s objection and lack of consent. Defense prepared to argue blood seized in violation of federal medical privacy law but state cannot produce necessary witnesses to establish chain of custody for blood test results. Not guilty verdict following trial.

MA DUI Case DismissedFebruary, 2008

Police stop passing vehicle when they notice marked lanes violation and damage to front end. Initially police suspect driver may be victim of assault despite overwhelming evidence of impaired driving. Following investigation of alleged assault police inform driver that she is being charged with OUI. Citation initiating criminal OUI process is mailed to client 17 days later. Defense Motion to Dismiss OUI charge allowed as government cannot justify failure to timely issue notice of OUI charge via citation as required by law.

Not Guilty NH Drunk Driving CaseFebruary, 2008

Client stopped by police for failure to dim high beams and wide right turn. Officer notes odor of alcohol, red/glassy eyes and difficulty with field sobriety tests. Driver admits that she just consumed her only drink of the night. At trial defense calls state’s laboratory expert to establish that .11 post arrest breath test could result from one drink, i.e. “Irish Car Bomb” Guinness, Jameson’s and Bailey’s concoction which client testified she consumed just prior to stop. State’s expert admits that true blood alcohol content at time of stop could be below legal limit of .08. Not guilty verdict following trial.

Not Guilty NH DWI ChargeFebruary, 2008

Client accused of drunk driving stopped by police for speeding at 11:00 p.m. Admits to consuming one beer before starting ride home from job site, also admits to drinking one other beer much earlier in evening. Police allege client failed three standard field sobriety tests and refused breath test. Cooler in car contains five empty beer cans. Defense offers client’s testimony including supporting documentation of medical conditions that limited field sobriety test performance. Client explains that empty beer cans in his lunch cooler are from his crew and not beers that he drank. Not guilty verdict following trial.

NH Drunk Driving Case DismissedJanuary, 2008

Client stopped by police for marked lanes violation. Admits to consuming “a few beers” at holiday cookout and is currently lost. Police allege driver failed three (3) field sobriety tests. Government witness unavailable on scheduled trial date. DWI charge dismissed.

NH Drunk Driving Case DismissedJanuary, 2008

Driver runs stop sign in snow storm almost striking passing police cruiser. Client falls face first into snowbank upon exiting truck at police request. Police allege client fails three standard field sobriety tests and submits to post arrest breath test with .08 BrAC. DWI complaint dismissed prior to trial.

NH DWI Charge DismissedJanuary, 2008

Police respond to scene of single car roll-over accident. Client admits to drinking earlier and being the driver, stating that he lost control on curvy unfamiliar roadway. Police administer only one field sobriety test before client is tended to by EMTs for complaint of leg and head injury. DWI charge dismissed prior to trial.

NH DWI Charge DismissedJanuary, 2008

Driver involved in minor rear-end collision leaving race track in heavy bumper to bumper traffic. Police respond and ask client to submit to field sobriety tests when he admits to drinking, but not for several hours. Defense prepared to argue performance on field sobriety tests impacted by nervousness, fear and embarrassment as he is asked to take tests in front of hundreds of motorists passing by. DWI charge dismissed before trial.

Not Guilty NH DWI ChargeJanuary, 2008

Accused drunk driver stopped on highway for marked lanes violation. Police find open liquor bottle in car with evidence that driver or passenger was drinking from cup in car. Police allege driver failed all field sobriety tests and acted erratically during booking process. Defense focuses on young mother’s fear in arrest situation and emotional distress throughout process including custody when she is told that she is being held without release on bail and will not see her infant child for two (2) days. Not guilty verdict following trial.

NH DWI Charge DismissedDecember, 2007

Police stop client in restaurant parking lot after receiving report of erratic operation from citizen caller. Alleged drunk driver admits to drinking at earlier concert. Field sobriety tests completed and police note that client complained of recent knee surgery complicating his performance on tests. DWI charge dismissed prior to trial.

Not Guilty NH Drunk Driving CaseDecember, 2007

Driver stopped by police as he is seen drinking from an open container of beer while driving pick-up truck. Police note odor of alcohol, red/glassy eyes, open containers and admission to drinking. Defense focuses on client’s performance on field sobriety tests and demeanor during arrest, transport and booking to show lack of evidence of impairment. Not guilty verdict following trial.

MA DUI Case DismissedNovember, 2007

Several police respond to underage drinking party to breakup party and make arrests. Officer in street observes client vehicle approach area and then stop “abruptly” and drive off in opposite direction. No erratic operation observed by police. Officer stops vehicle with blue lights believing driver may be underage person connected to party. Defense Motion to Suppress stop and arrest allowed as police lacked reasonable articulable suspicion that driver had committed a crime. OUI charge dismissed.

NH DWI Charge DismissedNovember, 2007

Police respond to scene of single car rollover accident. Client admits to being driver and participates in limited number of field sobriety tests due to head and leg injuries. Police detect odor of alcohol and unsteadiness. Defense prepared to argue observations made by police are consistent with symptoms related to injuries, not impairment by alcohol. DWI charge dismissed prior to trial.

NH DWI Charge DismissedNovember, 2007

Client works 16 hour double shift and returns home where he consumes two beers. Client called to pick up and drop off friend, where he later becomes lost. Police stop client for unusual operation and allege he failed field sobriety tests. Defense prepared to argue difficulty with tests attributable to fatigue and driving behavior consistent with lost operator. DWI charge dismissed prior to trial.

Not Guilty NH Drunk Driving CaseNovember, 2007

Client stopped by police for speeding mid-afternoon coming home from shop Christmas meeting/party. Client admits to consuming two beers and dose of Nyquil. Open container located in vehicle. Defense focuses on good operation of vehicle and lack of adherence to field sobriety testing protocols. Not guilty verdict following trial.

Not Guilty MA DUI CaseNovember, 2007

Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.

Not Guilty MA OUI ChargeNovember, 2007

Police stop client for speeding. Client admits to drinking but refuses to participate in field sobriety tests and breath test, both inadmissible in Massachusetts proceeding. Client otherwise remains cooperative, polite and responsive to questioning without slurred speech or unsteadiness. Not guilty verdict following trial.

Not Guilty NH DWI ChargeNovember, 2007

Client stopped by police for marked lanes violation on highway. Police allege client failed field sobriety tests and refused breath test. Defense raises client’s fatigue and illness as factors to be considered when assessing overall performance on field sobriety tests. Defense calls civilian witness to establish client stayed at club only short time and consumed only one (1) beer before calling it a night due to fatigue and illness. Not guilty verdict following trial.

Not Guilty NH DWI ChargeSeptember, 2007

Client exits home to see her empty vehicle parked across the street from her home surrounded by unoccupied police cruisers. Client walks across street barefoot to retrieve vehicle fearing it was in the process of being stolen. Police exit from wooded area on foot and demand client to stop backing up vehicle. Client admits to drinking earlier in evening. Police allege she fails field sobriety tests and refuses to take breath test. Defense establishes that very short operation of car was reasonable and field sobriety tests were not valid for client with scoliosis and blindness in one eye. Not guilty verdict following trial.

MA OUI Charge DismissedAugust, 2007

Client is stopped for alleged lane violations by campus police officer working on special highway safety task force. Client arrested for OUI following field sobriety tests. Defense prepared to argue Motion to Suppress based on illegal stop by campus police beyond legal jurisdiction. OUI charge dismissed when government cannot produce necessary witness at hearing on Motion to Suppress.

MA OUI Charge DismissedAugust, 2007

Police respond to scene to two car collision on highway. Client refuses to participate in field sobriety tests but makes several damaging statements during transport and booking. Defense Motion to Suppress Statements denied, trial scheduled. Government cannot produce necessary witness at trial and charge is dismissed for lack of prosecution.

NH DWI Charge DismissedAugust, 2007

Alleged drunk driver stopped by police for weaving short distance from his home. Client admits to drinking wine at a concert earlier in evening. Police allege client is unable to satisfactorily completed field sobriety tests. Defense prepared to use booking video to establish client was coherent, cooperative and appearing sober shortly after arrest. DWI charge dismissed.

NH DWI Drugs Charge DismissedJuly, 2007

Young driver is stopped for speeding driving home from concert. Police smell odor of marijuana and client admits to smoking just earlier before dropping friend off. Field sobriety tests are inconclusive and arresting officer is not certified to conduct “drug recognition” battery of tests. DWI Drugs charge dismissed prior to trial.

MA OUI Charge DismissedJuly, 2007

Police respond to scene of roll over accident. Passengers state client was designated driver but had drank alcohol earlier in evening. Hospital blood work discloses blood alcohol content over legal limit. Defense prepared to exclude hospital medical records as evidence at trial. OUI charge dismissed.

NH Drunk Driving Case DismissedJuly, 2007

Client stopped for speeding. Officer detects odor of alcohol, flush face and glassy eyes. Officer notes client failed three field sobriety tests. Defense prepared to argue tests not administered in standardized fashion as required by police training. DWI complaint dismissed.

Not Guilty MA DUI CaseJuly, 2007

Client stopped at road block sobriety checkpoint. Officer detects odor of alcohol and client admits to having 2-3 beers. Police allege client failed one-leg stand and walk and turn tests. Defense establishes that client passed mental portions of tests by following directions and instructions, attributing physical problems to prior knee injury. Not guilty verdict following trial.

Not Guilty MA DUI CaseJuly, 2007

Police respond to scene of rear-end accident. Client appears with odor of alcohol and several cans of beer are found in car. Client admits to drinking beer after work. Police allege client failed three field sobriety tests and then became belligerent questioning arresting officers sexuality. Defense elicits evidence that field tests not conducted properly and that client only became combative after arrest. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJuly, 2007

Client stopped after police follow him for two miles observing several lane violations and near collisions with parked cars. Police not inconsistent responses to questions about destination and whereabouts. Client refuses to participate in field sobriety tests, arrested and then cannot complete standard booking procedure. Defense argues lack of evidence of impairment by alcohol and that some other factor may have caused erratic driving. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJuly, 2007

Police called to fast food drive thru to deal with disgruntled customer. Accused drunk driver approached by police and unleashes string of profanities refusing to cooperate with field sobriety tests. Search of vehicle discloses bottle of whiskey and cooler full of hard lemonades. Defense focuses on lack of evidence of impairment despite emotionally upset client. Not guilty verdict following trial.

NH DWI Drugs Charge DismissedJune, 2007

Police stop client for illegal right on red light turn. Accused drunk driver admits to drinking but denies impairment. Police allege client failed several field sobriety tests, but he later tests well below legal limit on breath test for alcohol. Several prescription medications found on client’s person during booking and police allege impairment by those drugs. Government cannot establish impairment by drugs with requisite expert testimony. DWI Drugs charge dismissed.

Not Guilty NH Drunk Driving CaseJune, 2007

Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.

Not Guilty MA DUI CaseJune, 2007

Police come upon client after witnessing her hit curb causing blow out. Client is dressed only in felt elf’s costume following Christmas caroling party. Client admits to drinking beers over course of evening. Police allege client fails field sobriety tests. Civilian witness corroborates that client was sober when she left party. Husband testifies that client so emotionally upset during arrest that she is physically sick on drive home from police station. Defense attributes less than perfect field sobriety performance to nervousness, fear and embarrassment and frigid conditions without proper clothing. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJune, 2007

Client approaches police in parking lot of tavern, engaged in another investigation, and asks if he’ll be arrested if he drives. Client told not to interfere and leaves parking lot in erratic fashion. Police follow and stop client, noting odor of alcohol, unsteadiness and thick speech. Client refuses to submit to field sobriety tests and refuses breath test. Defense argues lack of evidence of impairment. Not guilty verdict following trial.

Not Guilty NH DWI ChargeJune, 2007

Police stop client for illegal u-turn. Officer notes slurred speech and odor of alcohol, although client denies drinking. Police allege client failed three field sobriety tests and subsequent search of vehicle discloses flask containing alcohol. Defense presents evidence of client’s disability from being born with club feet, discrediting reliability of field sobriety tests. Not guilty verdict following trial.

NH Drunk Driving Case DismissedMay, 2007

Police respond to scene of vehicle off roadway but otherwise unoccupied. Client responds to scene 15 minutes later and claims that he was driver. Police arrest client for DWI following field sobriety tests. Defense prepared to argue that client’s appearance is inconsistent with being driver of vehicle where he is clean and orderly and wreck is buried in wooded muddy area. Lack of evidence to corroborate client’s admission. DWI charge dismissed prior to trial.

NH DWI Charge DismissedMay, 2007

Police stationed in cruisers 200 yards away hear and see SUV vehicle driving erratically between parking lots. Responding to scene they find two parking lot signs knocked down and vehicle matching their observations parked in area and warm to touch. Civilian witness points out group he says left parked vehicle after driving erratically from lot. Police apprehend client near apartment building and place him in handcuffs. Client charged with leaving scene and DWI. Defense prepared to argue seizure of client was an arrest lacking probable cause as to identity of actual driver. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeMay, 2007

Police respond to 911 cell phone call of car “all over the road.” After following vehicle for several miles with lights and sirens, stop sticks deployed to disable client’s car. 72 year old alleged drunk driver submits to three field sobriety tests and post arrest breath test discloses .08 BrAC. Officer admits there was no erratic operation during several mile pursuit and field tests not valid for persons over age of 65. Defense argues breath test results are not accurate reflection of true blood alcohol content at time of driving. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2007

Police respond to scene of three car accident. Witnesses involved tell police accused drunk driver caused accident by crossing over center line and striking second vehicle head-on. Client admits to “a few beers” and does not complete alphabet test satisfactorily. Transported to hospital before further tests can be completed. Defense argues client’s appearance, demeanor and performance of alphabet test attributable to trauma from accident. Not guilty verdict following trial.

Not Guilty verdict MA OUI ChargeMay, 2007

Police come upon client parked in lot speaking on his cell phone at 4:00 a.m. Client asked to step from vehicle and drops cell phone to ground. Police allege client failed one field sobriety test and was argumentative and belligerent during booking process. Defense argues insufficient evidence to prove impaired operation of vehicle. Not guilty verdict following trial.

NH DWI Charge DismissedApril, 2007

Police stop alleged drunk driver for fog line encroachment and wide turn. Client admits to having two beers and submits to field tests. Defense prepared to argue operation of vehicle was not consistent with impaired driver. DWI charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2007

Police respond to scene of single car accident where driver reported striking abandoned vehicle left in breakdown lane. Three passengers present as well, but client admits to being driver at time of accident. Insufficient evidence to confirm client’s admission that he was driver. DWI charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2007

Client is called to police station to retrieve his friend who is arrested for earlier DWI. During bail release officer inquires whether client was drinking and requests field sobriety tests. Client submits to post arrest breath test .08 BrAC. Lack of evidence of operation. DWI charge dismissed prior to trial.

NH DWI Charge DismissedApril, 2007

Client losses control on vehicle on wet snow covered roadway and drives into snowbank. Police respond to scene and conduct field sobriety tests. Civilian witnesses cannot support allegation that alleged drunk driver is impaired. Defense utilizes police booking video to establish client’s sobriety. DWI charge dismissed prior to trial.

Not Guilty MA DUI CaseApril, 2007

Client stopped for speeding 2 M.P.H in 40 M.P.H. zone. Driver admits to consuming five beers at local pool hall. Police allege client failed field sobriety tests while presenting slurred speech, red, bloodshot eyes and flush face. Defense focuses on client’s knee injury as invalidating field tests and client’s perfect performance on mental portions of testing sequence. Not guilty verdict following trial.

Not Guilty NH Drunk Driving CaseApril, 2007

Client stopped for speeding traveling home from thanksgiving holiday dinner. Arresting officer alleges client failed standard field sobriety tests. Defense offers evidence of harsh cold weather and client’s clothing consisting only of tee shirt and shorts. Client’s mother and passenger testify that client was tired from long trip but not impaired by alcohol. Not guilty verdict following trial.

Not Guilty NH DWI ChargeApril, 2007

Police observe client drive into breakdown lane and commit lane violations. Driver safely responds to signal to stop and submits to field sobriety tests. Client refuses breath test but communicates willingness to take blood test which is not offered by police. Defense argues that erratic operation consistent with distracted driver not necessarily impaired driver. Not guilty verdict following trial.

Not Guilty Mass OUI ChargeMarch, 2007

Client is stopped for speeding, 50 M.P.H. in 25 M.P.H. zone. Officer observes client stumble from vehicle and questions driver. Driver admits that he is coming from Christmas Party and that he has had too much to drink. Client refuses all field sobriety tests. Defense argues insufficient evidence of impairment without field sobriety tests. Not guilty verdict following trial.

Not Guilty MA DUI CaseMarch, 2007

Police respond to scene of single car accident. Client admits to being driver and submits to field sobriety tests despite suffering knee injury in wreck. Subsequent breath test .18 BrAC is excluded due to government’s failure to establish requisite foundation that breath test equipment is compliant with relevant regulations for certification. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMarch, 2007

Police respond to scene of accident where car is crashed into home causing fire. Client found laying on ground in fetal position. Accused drunk driver admits to drinking all day and is transported to hospital for injuries. Defense argues admission alone is not enough evidence to prove impairment by alcohol under circumstances. Not guilty verdict following trial.

NH Drunk Driving Case DismissedFebruary, 2007

Driver stopped at 2:00 a.m. for allegedly crossing double yellow line three times in ¾ mile stretch of rural road. Driver admits to having had “a couple” of beers following basketball game earlier in evening but does not display slurred speech, unsteadiness or inability to follow directions. Field sobriety tests are inconclusive and defendant refuses to submit to breath test. DWI charge dismissed prior to trial.

NH DWI Charge DismissedFebruary, 2007

Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed.

Not Guilty MA DUI CaseFebruary, 2007

Police stop driver for marked lanes violation on highway. Driver admits that he is driving friend home after visiting “several” local bars. Conduct of field sobriety tests is compromised by training officer interjecting during testing on darkened noisy breakdown lane. Passenger establishes that driver had only a few drinks and was fine to driver. Any erratic operation was caused by joking, laughing and eating take-out food while driving home. Breath-test results of .12 BAC more than one (1) hour after driving are excluded due to lack of government expert witness to establish BAC at time of driving. Not guilty verdict following trial.

Not Guilty MA DUI CaseFebruary, 2007

Police receive report of erratic operation and locate car matching description following it for period of time observing marked lanes violations. Officer notes driver’s eyes are red and glassy, speech is slurred and strong odor of alcohol. Client is arrested following field sobriety tests and submits to post arrest breath test of .13 BAC. Defense presents expert witness to challenge accuracy of breath test during active “absorption phase” of alcohol metabolism and focuses on operation of vehicle during time police followed vehicle. Further defense argues field sobriety testing results were reasonable given time and location of stop. Not guilty verdict following trial.

Not Guilty NH DWI ChargeFebruary, 2007

Police stop client for failure to dim high beam headlights and allege he failed standard field sobriety tests. Alleged drunk driver testified that he did consume some vodka drinks before driving but failure to dim high beams was result of unfamiliarity with car and poor performance on field sobriety tests was due to his nervousness caused by officer’s inexperience and indecisiveness. Not guilty verdict following trial.

MA DUI Case DismissedJanuary, 2007

Driver is stopped for speeding on highway traveling home from Red Sox game. Driver admits to having several drinks over course of evening but fares very well on field sobriety tests. Post arrest breath test result of .20 BAC totally inconsistent with drinking pattern and performance on field sobriety tests. Defense prepared to challenge test results with expert witness only to find arresting officer/breath test operator dismissed from police department for disciplinary reasons before trial. Defense Motion to Dismiss for lack of prosecution allowed.

Not Guilty MA OUI ChargeJanuary, 2007

Police stop driver after watching her drive in breakdown lane at 1:00 a.m. and then drive upon on curb making U-turn. Driver submits to field sobriety tests and preliminary breath test at roadside discloses .196 BAC. Post arrest breath test result is .19 BAC. Defense expert calls into question accuracy of breath tests in light of inconsistent field sobriety testing. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJanuary, 2007

Police stop 68 year old driver for speeding and detect odor of alcohol, slurred speech and red/glassy eyes. Driver submits to field sobriety tests which police allege he failed. Post arrest breath test of .10 BAC excluded by defense due to lack of certification of breath test equipment. Police admit that field sobriety tests are not necessarily valid for any person over 65 years of age and there was no erratic operation of vehicle beyond speeding violation. Not guilty verdict following trial.

Not Guilty NH DWI ChargeJanuary, 2007

Police observe vehicle traveling in opposite direction without headlights and when they turn to follow vehicle they notice turn made without signal. Driver stops in response to blue lights by driving up on curb and parking at odd angle on roadside. Accused drunk driver refuses field sobriety testing stating he was “not stupid enough to take those tests.” Police arrest defendant for DWI. Defense argues mere suspicion of DWI without confirming field sobriety tests insufficient to prove impairment beyond reasonable doubt. Not guilty verdict following trial.

NH DWI Charge DismissedDecember, 2006

Defendant is stopped by police for lane violation entering traffic rotary. Defendant admits to drinking and submits to field sobriety tests which police allege he failed. Subsequent breath test reveals B.A.C. of .15 Defendant requests trial date only to learn that Breath Test Operator has left the police department and is unavailable at trial. State dismisses DWI charge prior to trial.

NH DWI Charge DismissedDecember, 2006

Police stop defendant’s vehicle for operating without headlights. Defendant admits to having “a few beers” submits to field sobriety tests but refuses breath test. Several years pass as defendant is fugitive from justice. Open removing default and appearing in Court to face DWI charge State cannot go forward with sufficient evidence to prove DWI charge which is dismissed prior to trial.

Not Guilty MA OUI ChargeDecember, 2006

Police stop driver for operating at 50 M.P.H. on highway and committing several marked lanes violations. Driver admits to drinking “a little bit”. Driver submits to just one field sobriety test before refusing to continue with roadside testing. Police alleged driver is unable to spit out breath mint when instructed to so and to periodically crying during booking process during which she needs assistance to stand. Defense argues lack of evidence of impairment given highly confrontational nature of roadside encounter, arrest and booking. Not guilty verdict following trial.

Not Guilty MA OUI ChargeDecember, 2006

Officer alleges that he followed driver for one (1) mile and observed 5 or 6 marked lanes violations. Driver initially denies drinking then admits to “one beer.” Officer detects odor of alcohol, unsteadiness and difficulty with all field sobriety tests. Post arrest breath test result of .19 BAC is excluded by defense due to failure of government to establish certification of breath testing equipment. Cross exam establishes that Officer actually followed defendant for 2.5 miles and only activated lights to stop vehicle because vehicle was approaching town line and end of Officer’s jurisdiction and that this officer accounts for 60% of his departments OUI arrests. Not guilty verdict following trial.

Not Guilty MA OUI ChargeDecember, 2006

Officer pulls over vehicle which is traveling towards him in head on collision fashion. Driver admits to having “two beers” and proceeds to fail 4 out of 5 field sobriety tests according to police. Subsequent breath test results of .09 are excluded by the defense and cross exam establishes that client performed field tests adequately given sub-standard roadside conditions. Not guilty verdict following trial.

Not Guilty MA OUI ChargeDecember, 2006

Officer follows driver for approximately one (1) mile observing several marked lanes violations. Upon stopping driver has difficulty producing license and registration but denies drinking. Officer detects odor of alcohol and slurred speech. Driver attempts field sobriety tests but claims she is incapable of standing on one leg for any period of time. Defense argues field sobriety tests are not reliable indicators of impairment for this particular driver especially in light of her nervousness and anxiety at roadside. Not guilty verdict following trial.

Not Guilty MA OUI ChargeDecember, 2006

Police respond to scene of accident with car into telephone pole. Witnesses claim driver is operating at 45 M.P.H. on windy rural road immediately prior to crash and is seen tossing empty beer cans into woods before police arrive. Driver claims he lost control of vehicle while searching for songs on his I-pod. Defense excludes reference to 2 out of 5 field sobriety tests and argues poor performance attributable to trauma from accident. Not guilty verdict following trial.

Not Guilty MA OUI ChargeDecember, 2006

Police respond to vehicle with flat tire waiting for tow truck in breakdown lane. Defendant tells police he just hit something. Police detect odor of alcohol and unsteadiness on feet. Following field sobriety tests defendant states: “just arrest me because you know I’m drunk.” Defense suppresses statement due to Miranda violations and challenges sufficiency of evidence based on field sobriety tests. Not guilty verdict following trial.

NH DWI Charge DismissedNovember, 2006

Civilian driver reports to local police dispatcher that she is being “followed extremely closely” by and out of state vehicle. Driver follows suspect car into business parking lot and obtains license plate and description of driver. Civilian witness flags down officer and tells cop where to find suspect car. Officer sees vehicle in lot and watches it roll slowly to a stop twice and then signals car to stop. Client arrested following field sobriety tests and refuses breath test. Defense prepared to argue stop of vehicle was illegal based on vague nature of civilian report. DWI Charge Dismissed before trial.

NH DWI Charge DismissedNovember, 2006

Client stopped by police for speeding and marked lanes violations. First officer detects odor of alcohol on driver’s breath. Officer conducts only one field sobriety test before being called away from scene to supervise another incident. Client refuses to participate in any further testing with second officer. Arrest for DWI follows and client refuses breath test. Defense utilizes booking video to establish client’s sobriety and evidence of medical conditions for reason why field sobriety tests were refused. DWI charge dismissed before trial.

NH DWI Charge DismissedNovember, 2006

Police respond to a three car accident on the highway shortly before 1:00 a.m. Witnesses indicate that client was traveling between 100-120 m.p.h. before striking the guardrail After client exits his car, it is demolished by an on-coming tractor trailer. Police note client appears confused and unsteady on his feet, and detect a strong odor of alcohol coming from his person. Client allegedly fails three field sobriety tests and is arrested. Client admits to having five beers in the night. Defense argues that client’s difficulty with field sobriety tests is caused by shock of accident and that witnesses are unable to provide direct evidence that client was the operator of the vehicle. Not Guilty verdict following trial.

NH DWI Charge DismissedNovember, 2006

Police stop client because his vehicle and plate match a description of vehicle reported to have left the scene of minor single car property damage accident. Client refuses to produce license and registration and refuses to exit vehicle. Police detect odor of alcohol and slurred speech. Client arrested for DWI and Disobeying a Police Officer. DWI charge dismissed prior to trial for lack of evidence.

Not Guilty MA OUI ChargeNovember, 2006

Police respond to report of vehicle in parking lot with front end damage following collision. Witnesses establish that two persons are present, one urinating in public the other throwing beer cans into grass next to lot. Defendant admits to being driver but denies causing accident, further admits that he drank 4-5 beers earlier while golfing. Defendant arrested following field sobriety tests. Several civilian witnesses fail to identify the defendant as the driver and cannot corroborate his admission to driving beyond reasonable doubt. Not guilty verdict following trial.

Not Guilty MA OUI ChargeNovember, 2006

Police respond to scene of single car accident with both air bags deployed and two occupants nearby, both bleeding from impact. Client admits to two beers and a margarita and is arrested following field sobriety tests. Defense excludes post arrest breath test evidence of .14 BAC because government does not have an expert witness to relate breath test results to blood alcohol level at time of driving. Blood found on driver’s side airbags could be attributed to either occupant leading to question as to who has actual driver of vehicle. Not guilty verdict following trial.

Not Guilty MA OUI ChargeNovember, 2006

Client leaves bar at 1:50 a.m. and is stopped for operating without headlights. Officer detects a strong odor of alcohol and observes client’s eyes to be red, glassy and bloodshot. When questioned, client admits to have “a couple” beers. After exiting the vehicle, client appears unsteady on his feet and then proceeds to fail three field sobriety tests. Client submits to a breathalyzer test indicating a .17 BAC. Defense excludes breathalyzer results and argues that client’s performance on the field sobriety tests was caused by nerves and a pre-existing hip injury. Not guilty verdict following trial.

Not Guilty MA OUI ChargeNovember, 2006

Officer directing traffic observes client skidding to a stop, narrowly avoiding the vehicle stopped in front of her. Officer signals client to stop and then approaches the vehicle at which time he observes a Smirnoff Ice between the client’s legs. Client has difficulty producing her license and then admits to drinking three malt beverages. Upon exiting the car, she appears confused and unsteady on her feet. Client proceeds to fail four field sobriety tests, including the Alphabet test. Defense attributes the alleged strong odor of alcohol to her recent consumption of the beverage found in the car and then argues that the field sobriety tests are not reliable indicators of impairment. Not Guilty Verdict following trial.

NH DWI Charge DismissedOctober, 2006

Officer observes client in opposite lane weaving back and forth between the dividing line and the breakdown lane. As the officer approaches the vehicle he observes vomit on the outside of the driver’s side door and client admits to having just gotten sick. Officer detects the odor of alcohol and observes client’s eyes to be glassy and bloodshot. Client proceeds to fail three field sobriety tests and then submits to a breathalyzer test indicating a .10 BAC. A subsequent search of the car reveals a cooler full of beer and a small amount of marijuana. DWI complaint dismissed prior to trial.

NH DWI Charge DismissedOctober, 2006

Client stopped by police for crossing center line and allegedly nearly hitting police cruiser head-on. Client admits to “few” beers but is actually designated driver for his passenger who is highly intoxicated. Police allege client fails many field sobriety tests, make arrest for DWI and client refuses breath test. Defense prepared to challenge validity of physical tests due to client’s exhausted condition following 14 hour day laying tile day of arrest. DWI charge dismissed prior to trial.

NH DWI Charge DismissedOctober, 2006

Police dispatched to area of a motorcycle accident. Upon arrival, witnesses indicate the operator of the bike is now a passenger in motor vehicle leaving scene. Police catch up and stop the car finding the client sitting in the passenger seat with obvious injuries. After admitting to operating the motorcycle, client is arrested and transported to hospital. Hospital blood test reveals presence of alcohol and various narcotics. Defense prepared to exclude blood test results based upon a lack of proper foundation. DWI charge dismissed prior to trial.

Not Guilty NH Aggravated DWI ChargeOctober, 2006

Police respond to scene of highway rollover accident. Crash re-constructionist for State opines that client’s vehicle was traveling 106 m.p.h. at time it left road surface and traveled nearly 300 ft. Aggravated DWI charge brought due to speed in excess of 30 m.p.h. in combination with DWI. Mandatory jail sentence and 18 month loss of license applicable to Aggravated charge. Defense challenges accuracy of data for accident re-constructionist’s analysis of vehicle speed. Not guilty verdict following trial.

Not Guilty MA OUI ChargeOctober, 2006

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

Not Guilty MA OUI ChargeOctober, 2006

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

NH DWI Charge DismissedSeptember, 2006

Police stop client for speeding and marked lanes violation. Client admits that he split pitcher of beer with his passenger prior earlier in the evening. Police detect obvious odor of alcohol and client’s unsteadiness as he exits vehicle. Client refuses to participate in field sobriety testing and is subsequently arrested for DWI. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.

NH DWI Charge DismissedSeptember, 2006

Police stop client for stop sign and marked lanes violation. Client admits to drinking earlier in the evening but refuses to participate in any field sobriety tests. Police allege client is verbally combative throughout booking process and smells of alcohol with slurred speech. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.

NH DWI Charge DismissedSeptember, 2006

Police respond to tow company’s call of vehicle off roadway during heavy rain storm. Police arrive some time later and interview client at scene where he admits to being driver of vehicle that went off roadway after hitting large puddle. Police cannot find puddle in roadway and ultimately arrest client for DWI after he allegedly fails field sobriety tests. Government cannot establish beyond reasonable doubt that client was driver of vehicle at time of accident as there is no other corroborative evidence linking him to the vehicle. DWI charge dismissed prior to trial.

NH DWI Charge DismissedSeptember, 2006

Police stop client for speeding on motorcycle. Client admits to having three drinks and performs reasonably well on standard field sobriety tests. Officer notes client’s complete cooperation and extremely polite and respectful demeanor throughout arrest process. Defense prepared to argue that operation of motorcycle vehicle and defendant’s demeanor and behavior inconsistent with intoxication. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeSeptember, 2006

Client is stopped by police for marked lanes violations. Police allege client performs poorly on field sobriety tests. Defense is able to exclude reference at trial to one field sobriety test based on foundational requirements and excludes evidence of .24 BrAC breath test results. Not guilty verdict following trial.

NH DWI Charge DismissedAugust, 2006

Police respond to local tavern for report of underage person trying to enter establishment with fake ID. Client is stopped in parking lot to allow police to speak to his passenger about alleged fake ID. Client admits to drinking and is subjected to several non-standard field sobriety tests which the police allege he failed. Defense files Motion in LImine to exclude evidence of client’s performance on all field sobriety tests not recognized by National Highway Traffic Safety Administration and NH Police Training and Standards. DWI charge dismissed prior to trial.

NH DWI Charge DismissedAugust, 2006

Client stopped by police for traveling on main downtown avenue without headlights activated. Client admits to having “a few” beers” at local tavern and submits to field sobriety tests which police allege he fails. Defense prepared to challenge officer’s opinion of client’s performance on field sobriety tests with medical records establishing recent total hip replacement and knee injury. Booking video is inconclusive establishing client’s impairment. DWI charge dismissed prior to trial.

Not Guilty MA OUI ChargeAugust, 2006

Client stopped for speeding. Arresting officer alleges that client displayed slurred speech, strong odor of alcohol, glassy, red eyes and had extreme difficulty with all field sobriety tests. Officer testifies that client fell into car exiting vehicle and stumbled throughout field sobriety testing. Defense cross exam focuses on credibility of police officer’s testimony and offers civilian witness that picked up client following arrest to rebut officer’s opinion that client was impaired by alcohol. Not guilty verdict following trial.

NH DWI Charge DismissedJuly, 2006

Client stopped by police for operating vehicle with headlight out. Officer detects odor of alcohol and asks client to submit to battery of standard field sobriety tests. Client weighs in excess of 350 lbs. Defense prepared to challenge validity of field sobriety tests based on client’s weight and other physical limitations. DWI charge dismissed prior to trial.

NH DWI Charge DismissedJuly, 2006

Client stopped by police for speeding. Upon admission of drinking client is asked to submit to field sobriety tests and is arrested and charged with DWI. Post arrest breath test discloses .11 BAC. Defense tests captured samples of breath through independent laboratory which results in non-corroborative finding with .04 variation. Independent laboratory confirms that historically samples submitted for testing from this department’s Intoxilyzer machine were non-corroborative 11 out of 20 times. State replaces Intoxilyzer machine. DWI charge dismissed.

NH Administrative Suspension VacatedJuly, 2006

Client arrested for DWI with post arrest breath test results of .12 BrAC. Defense requests administrative hearing to challenge two (2) year administrative suspension for subsequent DWI. Defense establishes that government cannot prove valid twenty (20) minute observation period was completed prior to breath test being administered. Two year ALS dismissed.

NH Administrative Suspension VacatedJuly, 2006

Client arrested driving to hotel from wedding. Post arrest breath test results are .12 BrAC triggering mandatory 180 day administrative license suspension. Defense requests administrative hearing and specifically requests attendance of breath test machine operator. Government only produces arresting officer at hearing to testify without calling breath test machine operator. Defense Motion to Dismiss Administrative Suspension allowed.

Not Guilty NH DWI ChargeJuly, 2006

Police respond to noise complaint and find client seated in passenger seat of vehicle in front of his girlfriend’s house. Client admits to being drunk but denies operating the vehicle on blown tire and rim which leaves gauge marks in street leading to spot where vehicle found at rest. Post arrest breath test .15 BrAC. Government cannot establish beyond reasonable doubt if or when client last operated vehicle. Not guilty verdict following trial.

NH DWI Charge DismissedJune, 2006

Police respond to scene of one-car accident on highway and find abandoned vehicle. Client is found some time later on property abutting highway. Incriminating statements made by client to police are suppressed for lack of Miranda warning while in custody and the search of his person disclosing keys to vehicle deemed illegal search. OUI, Leaving the Scene, Operation of Unregistered Vehicle and Operation After Suspension charges dismissed for lack of evidence.

NH DWI Charge DismissedJune, 2006

Police respond to scene of accident where witnesses report pick-up truck left roadway and demolished fence then fled scene. Truck’s license plate found in debris on roadway and is traced giving exact make and model of truck. 45 minutes later police receive report of suspicious vehicle parked on roadway. Responding officers find truck with matching rear plate parked with engine running and driver asleep behind wheel. Police approach driver’s side of truck, wake client and pull him from vehicle at gun-point, at which time he is immediately handcuffed. Search of truck discloses open 30 pack of beer and prescription drugs. Defense challenges legality of arrest and display of deadly force during routine traffic investigation. Motion allowed, all charges including DWI dismissed.

NH DWI Conviction VacatedJune, 2006

Client appears in Court and pleads guilty to DWI charge days after being discharged from psychiatric hospital. Transcript of plea hearing discloses normal plea colloquy, however, defense is able to show by clear and convincing evidence through expert testimony that client was incompetent at time of plea due to medications and mental health and medical issues. Motion to Vacate plea allowed, conviction set aside, new trial ordered.

Not Guilty MA OUI ChargeJune, 2006

Police stop Client for traveling 25 m.p.h. on highway. Defense introduces evidence of mechanical failure in vehicle to explain abnormally low speed. Evidence of .19 BAC breath test excluded by defense due to contamination of breath sample by mouth alcohol and lack of mandatory 15 minute waiting period before re-testing commenced. Defense challenges officer’s observations of red/glassy eyes, slurred speech and poor performance on field sobriety tests. Not guilty verdict following trial.

NH DWI Charge DismissedMay, 2006

Client stopped by police for defective headlight and center line violation. Officer alleges client failed three (3) standard field sobriety tests. Post arrest intoxilyzer breath test is .07 BAC. Defense Motion to Dismiss allowed. DWI Charge Dismissed.

NH DWI and Aggravated DWI Charges DismissedMay, 2006

Client stopped for speeding. Police Officer alleges client presented with red, glassy eyes, slurred speech and slack jawed open mouthed facial expression. Defense prepared to present evidence that .16 BAC breath test was inaccurately high due to diagnosed G.E.R.D. condition. Field sobriety tests conducted in highway breakdown lane on sloping grade. DWI and Aggravated DWI charges dismissed.

Not Guilty NH Aggravated DWI ChargeMay, 2006

Client stopped by police for failing to signal turn exiting traffic rotary. Arresting officer alleges client fails two standard field sobriety tests. Testimony regarding failed Horizontal Gaze Nystagmus (HGN) test excluded for lack of proper foundation. Evidence of .16 BAC blood test excluded as government fails to produce actual gas chromatograph test results, relying only upon transcription of test results recorded by lab technician. Not guilty verdict following trial.

Not Guilty NH Aggravated DWI ChargeMay, 2006

Client stopped for speeding during evening rush hour traffic. Arresting officer notes client performs some field sobriety tests “satisfactorily” and fails others. Client is chewing ginger root for upset stomach at time of arrest following spicy meal. Defense presents medical records and expert testimony to explain that two (2) weeks prior to arrest client is hospitalized for chest pain, later diagnosed as gastro-esophogeal reflux disorder. Defense argues that .21 BAC intoxilyzer test result is inaccurate due to contamination by stomach alcohol from G.E.R.D. condition. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2006

Client stopped by police for driving wrong way on one-way street. Police officer alleges client failed alphabet test twice by stating: “A,B,C.D,E.F,G, blah, blah, blah” each time. Client refuses all other field sobriety tests. Breath test results of .20 BAC excluded due to lack of proof that statutory implied consent rights were properly administered before test. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2006

Client stopped by police following dinner with girlfriend. Officer notes red glassy eyes and slurred speech along with poor performance on field sobriety tests. Post arrest breath test results are .10 BAC. Defense presents evidence of pre-arrest consumption of alcohol through restaurant receipt and defense expert establishes that client’s actual blood alcohol level was below legal limit at time of driving and breath test result is inaccurately high because test was conducted during “absorptive” phase of alcohol metabolism in client’s body. Not guilt verdict following trial.

NH Administrative Suspension VacatedMarch, 2006

Client stopped by police and charged with Aggravated DWI after blood test results come back at .16 BAC. Defense challenges administrative suspension pending trial. Six (6) month administrative license suspension vacated when state fails to establish proper chain of custody of blood sample including requisite affidavit from medical technician that drew blood sample at hospital.

MA OUI Charge DismissedMarch, 2006

Police receive cell phone call from a motorist reporting client is “all over the road.” Officer dispatched where he observes a vehicle matching the description provided by the caller. Client is stopped after taking an “abrupt turn” onto a highway on-ramp. Defense argues that the motor vehicle stop was not based upon a reasonable suspicion of criminal activity as required by the Fourth Amendment in light of “anonymous” cell phone tip. Evidence demonstrates client’s operation consistent with lost motorist. Defense Motion to Suppress Allowed, OUI Charge Dismissed.

MA OUI Charge DismissedMarch, 2006

Client stopped for failing to use directional at a rural intersection shortly after 1:00 a.m. Arrested after allegedly failing a battery of field sobriety tests. Defense challenges validity of motor vehicle stop where the client’s failure to use the directional did not impede the operation of any other vehicle. Evidence further shows that, prior to the stop, client was observed by police driving a considerable distance without incident. Defense Motion to Suppress Allowed, OUI Charge Dismissed.

Not Guilty NH DWI ChargeMarch, 2006

Client stopped for speeding driving home from bachelor party. Police allege defendant failed standard field sobriety tests and refused to respond to request for breath test, giving the arresting officer only fifteen minutes of silence. Defense challenges validity of field tests and points out police officer’s failure to record any facts in his narrative report that supported client’s sobriety. Best Man and friends and family establish defendant’s responsible drinking pattern inconsistent with impairment. Not guilty verdict following trial.

Not Guilty NH Aggravated & Subsequent DWIJanuary, 2006

Client stopped by police for alleged erratic operation initially reported by citizen cell-phone witness. Police video records roadside encounter including field sobriety tests. Defense excludes evidence of .291 BAC on preliminary breath test due to police failure to properly advise client of statutory warnings regarding voluntary preliminary breath test at roadside. Defense excludes evidence of .22 BAC intoxilyzer test result due to police failure to maintain strict twenty minute observation period of defendant before test. Evidence of client’s prior Massachusetts court appearance on OUI charge insufficient to prove second or subsequent offense. Not guilty verdict on Aggravated DWI complaint and Subsequent DWI complaint following trial.

Not Guilty MA OUI ChargeJanuary, 2006

Client stopped by police officer working traffic detail outside local bank on Saturday morning. Passing motorist informed officer that she saw client drinking from bottle in truck while waiting in line of traffic. Officer alleges client displayed red-bloodshot eyes and odor of alcohol and failed four out of five field sobriety tests. Preliminary breath test instrument reveals .08 BAC at roadside. At trial Defense excludes reference to two of field sobriety tests due to lack or reliability and evidence of preliminary breath test is inadmissible. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJanuary, 2006

Police stop client’s vehicle after clocking him at 80 m.p.h. on a busy highway and allege that he failed to pull over in a timely manner, straddling the breakdown lane for an unusual amount of time before finally coming to a stop. Police note slurred speech, glazed and red eyes, and a strong odor of alcohol. Officer administers four field sobriety test and then places client under arrest. Subsequent search of the vehicle reveals five empty beer cans under the driver’s seat, including one open container cold to the touch. Defense challenges reliability of field sobriety tests performed on busy highway and that strong odor of alcohol indicates recent consumption, but not any particular level of impairment. Not Guilty verdict following trial.

Not Guilty NH DWI ChargeJanuary, 2006

Client stopped by police for driving without headlights at 9:00 p.m. Client tells officer that he consumed “three buds and a shot of jajermeister” after work and then drove towards home, stopping on the way at a fast food drive thru where he turned off headlights. Police allege poor performance on field sobriety tests and post arrest breath test of .16 BAC. Defense presents evidence of client’s prior knee injury that affected field sobriety tests and expert witness testimony to establish that .16 BAC was false positive due to client being in the “absorptive phase” and his exposure to industrial adhesive that was possible “interfering” compound with breath test. Not guilty verdict following trial.

Not Guilty MA OUI ChargeOctober, 2005

Driver stopped by police for late reaction to red traffic light. Officer notes odor of alcohol coming from client’s breath and eyes to be bloodshot and glassy. Testifies that client failed three field sobriety tests, is placed under arrest and later submits to a breath test indicating a .09 BAC. Defense challenges the validity and reliability of field sobriety tests given on side of a highway and the relevance of a breath test taken almost an hour after the actual driving. Not Guilty verdict following trial.

Not Guilty MA OUI ChargeOctober, 2005

Police stop client for traveling 92 m.p.h. in 65 m.p.h. zone. Officer detects a strong odor of alcohol and bloodshot and glassy eyes. Officer testifies that client failed four field sobriety tests, including the alphabet test. Through cross examination, defense demonstrates that client stopped the car appropriately, had no difficulty producing license and registration when requested, and appeared alert and coherent at all times. Defense argues that client’s poor performance on the field tests could have been attributed to nerves and an inner-ear disorder that he was suffering from at the time. Not Guilty verdict following trial.

NH DWI Charge DismissedOctober, 2005

Driver falls asleep driving home in early morning hours following bartending shift. Citizen follows driver home and reports to police via cell phone that driver scratched guardrail. Police respond and make entry into client’s home. Field sobriety tests conducted in living room after client allows police to enter and admits that she had “a couple drinks” after work. Defense prepared to present defense of fatigue. DWI charge dismissed before trial.

Not Guilty MA OUI ChargeSeptember, 2005

Police stop client for driving with flat tire at 3:45 a.m. Officer detects strong odor of alcohol, red, glassy eyes and slurred speech and alleges client failed standard field sobriety tests. Defense precludes evidence of .14 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.

Not Guilty MA OUI ChargeSeptember, 2005

Client stopped by police on highway after midnight for traveling too slow and weaving in and out of lanes. Officer notes odor of alcohol slurred speech and lethargic movements. Police contend that client failed all standard field sobriety tests. Defense excludes evidence of .16 breath test and puts government to burden of proving impaired operation without breath test evidence. Not guilty verdict following trial.

NH DWI Charge DismissedSeptember, 2005

Client stopped by police for allegedly speeding at 2:00 a.m. on narrow, curvy stretch of road. Estimate of speed is eyeball guess when cruiser and vehicle pass head on. There is no radar reading or clocking of client’s vehicle by police prior to stop. Defense excludes evidence of .14 breath test prior to trial based on lack of certified intoxilyzer operator. Defense argues Motion to Suppress contesting validity of stop without more evidence of client’s actual speed. Motion to Suppress allowed. DWI charge dismissed.

MA OUI Charge DismissedSeptember, 2005

Police responding to report of college campus ruckus where students are tipping over cars in street outside frat houses. Client not involved in incident but is stopped by police as he is driving away from area of reported incident. Police ultimately arrest client for OUI. Defense prevails on Motion to Suppress as Court agrees that police stop of client’s vehicle is without reasonable suspicion of criminal activity by driver. OUI charge dismissed.

Not Guilty MA OUI ChargeAugust, 2005

Police respond to home of motorist who reports she was rear ended outside of local bar by car that left the scene. Police respond to client’s home some time later and discover vehicle matching description with damage consistent with reported accident. Client admits to police that he was “a little intoxicated” when the minor accident occurred. Defense argues client’s admission alone is insufficient to prove earlier impairment beyond reasonable doubt. Not guilty verdict following trial.

Not Guilty MA OUI ChargeAugust, 2005

Police respond to scene of one car accident and find client outside vehicle bleeding from the head and mouth. Police officer notes odor of alcohol coming from client’s mouth and slightly slurred speech. Client is transported from scene to hospital after he admits to officer that he drank tequila before the accident. Due to injuries no field sobriety tests are conducted. Not guilty verdict following trial.

Not Guilty NH DWI ChargeAugust, 2005

Client stopped by police for speeding at 2:30 a.m. Admits that he drank “more than a few beers” but they were several hours ago before he took a nap. Police allege client failed field sobriety tests and accounted for client’s loss of hearing due to inner ear deformity which he informed police of prior to testing. Highly intoxicated passenger arrested for disorderly conduct and resisting arrest following driver’s arrest. Defense expert testifies that field sobriety tests are adversely affected by several factors, including fatigue, lighting, and inner ear disorder causing loss of equilibrium. Further, odor of alcohol, slightly slurred speech and red, glassy eyes are not scientific proof of intoxication or impairment by alcohol. Not guilty verdict following trial.

Not Guilty NH DWI ChargeAugust, 2005

Client stopped by police for scraping rear view mirror on another car exiting parking lot from outdoor concert. Arresting officer notes odor of alcohol, unsteadiness, difficulty with field sobriety tests and admission to drinking four (4) beers, but denies client complained of knee injury. Second officer on scene admits that he overheard client complain to arresting officer about knee injury and difficulty with balance due to injury. Client testified that he smelled like a brewery due to beer spilled on him during concert, but his last beer was hours before arrest and he didn’t realize contact with parked car due to crowd noise and heavy pedestrian traffic. Not guilty verdict following trial.

Not Guilty MA OUI ChargeJuly, 2005

Police respond to single car roll over accident. Witnesses at scene inform police that driver had definitely been drinking. After arrest driver responds to police questioning and states that he had “too much” to drink. Defense successfully suppresses admission due to lack of Miranda warnings and argues poor performance on four field sobriety tests is attributable to trauma from crash. Not guilty verdict following trial.

NH DWI Charge DismissedJuly, 2005

Police approach vehicle stopped in breakdown lane mid afternoon. Officer detects odor of alcohol and slurred speech. Subsequent search of vehicle uncovers opened bottle of vodka. Cruiser mounted video depicts driver exiting car and engaging officer in lengthy conversation about his serious back injury and refusal to submit to field sobriety tests due to disability. Defense Motion to Dismiss DWI charge based on insufficient evidence allowed.

Not Guilty MA OUI ChargeJune, 2005

Driver stopped for operating unregistered motor vehicle. Police officer detects odor of alcohol, slurred speech and red, glassy eyes. Driver admits to consuming “five beers” but does not state over what period of time he drank beers. Driver refuses to submit to field sobriety tests. During booking police ask driver whether he is member of, or affiliated with gangs. Client states he is member of “Budweiser Drinkers of America Club.” Defense focuses on lack of evidence of erratic operation or unsafe driving. Not guilty verdict following trial.

Not Guilty NH DWI ChargeJune, 2005

Police stop vehicle for speeding at 12:30 a.m. Client admits that she consumed “two margaritas” Officer notes unsteadiness upon exit from vehicle, red, glassy eyes and slurred speech. During standard field sobriety tests driver informs officer that she suffers from vertigo and cannot complete balance portion of tests. State offers evidence of preliminary breath test result at scene of .096 BAC. State admits client’s refusal of subsequent intoxilyzer breath test at station. Defense challenges accuracy and reliability of single preliminary breath test and field sobriety tests in light of diagnosed vertigo. Not guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2005

Tow truck operator loses towed vehicle due to hitch failure causing collision with oncoming vehicle. Responding EMT tells police that he smells alcohol on tow truck driver’s breath. Officer alleges that client failed three standardized field sobriety tests and then submitted to a breathalyzer test with a reading of .10. Defense argues that client’s performance on the field sobriety tests is adversely affected by the stress of the accident and police presence. Government witnesses fail to explain how breath test results convert to illegal blood alcohol content as required by drunk driving statute. Not Guilty verdict following trial.

Not Guilty MA OUI ChargeMay, 2005

Police officer responds to the scene of a single-car accident at 2:30 a.m., where he finds client’s motor vehicle in the woods some 310 feet from the roadway. Officer detects strong odor of an alcoholic beverage, unsteady gait and slow deliberate “swollen tongue” speech. Client admits to drinking “five beers” before accident and is then transported to hospital. Receives notice of criminal charges several days later. No evidence of field sobriety tests nor was client asked to submit to breath or blood test. Defense argues statement regarding the consumption of alcohol is insufficient to prove guilt without evidence establishing time of consumption. Not Guilty following trial.

Not Guilty NH DWI ChargeMay, 2005

Client stopped by police for weaving within lane and failure to signal turn. Driver admits to having one (1) beer earlier in the evening during Patriots Play Off game party before driving two guests home as designated driver. Arresting officer alleges client failed battery of standard three field sobriety tests. Defense focuses on reliability of one-leg stand and walk and turn tests requiring balance when client wore four (4) inch high heel pumps throughout testing sequence and performed reasonably well on major parts. Not Guilty verdict following trial.

Not Guilty NH DWI ChargeMay, 2005

Client arrested for DWI and advised by original counsel to plead guilty because police report is “one of the worst” he’s ever seen. Two weeks before trial Client changes lawyers. Defense presents evidence of client’s actual consumption (2 beers) with restaurant receipt. Field sobriety testing undermined with evidence of client’s prior leg injury and snowy cold testing conditions. Both defendant and companion testify regarding their activities on evening of arrest and actual sobriety. As a mechanic, client contends that he refused breath testing only because of his prior experience with faulty machinery and measuring devices. Not Guilty verdict following trial.

Not Guilty NH DWIMay, 2005

Police observe client’s vehicle pull into the secluded driveway of a closed business in the early morning hours. Officer knows owners of business and does not recognize the car with out of state plates. Officer activates lights, blocks in subject car and exits to speak with the driver to investigate. Defense Motion to Suppress initial detention denied. Driver claims to be lost and stopped to make cell phone call for directions. Officer alleges client failed field sobriety tests and refused breath test. Defense cross exam focuses on snowy conditions and client’s pre-existing knee injury as factors causing difficulty with standard balance coordination tests. Not Guilty Verdict after trial.

Not Guilty NH DWIMay, 2005

Client rear-ends vehicle in heavy traffic on rotary. Responding police officer is told by other driver that client smells of alcohol. Client subjected to a series of filed sobriety tests, including the alphabet, which she allegedly fails to properly recite on three occasions. Defense cross examination demonstrates that the odor of alcohol is not an indication of any level of impairment and that the client’s fear, nervousness and embarrassment could cause difficulty with field sobriety testing. Not Guilty Verdict after trial.

MA OUI Charge DismissedMay, 2005

Police observe a car in the parking lot of a local business in the early morning hours. Police allege the business had been the victim of recent vandalism. Police approach and detain the vehicle and its driver. Driver exhibits numerous signs of intoxication, fails field sobriety tests and submits to a breathalyzer test at the station which shows a .14 BAC. Defense files a motion to suppress the evidence obtained from the stop and argues that client’s car was seized without a reasonable suspicion of criminal activity as required by the Fourth Amendment. Defense Motion allowed, OUI charge dismissed.

Not Guilty MA OUIApril, 2005

Motorist reports via cell phone that she is following a car for several miles and witnessed it repeatedly drift off the road and into the oncoming lane of travel. Police stop the same car after observing it almost strike a mailbox. Officer detects a strong odor of alcohol coming from the vehicle and administers field sobriety tests which, in the officer’s opinion, the client failed. Defense demonstrates that the client had worked all night as a waitress serving alcohol and argues that the erratic operation and the performance on field sobriety tests were result of extreme fatigue and not intoxication. Not Guilty verdict after trial.

Not Guilty MA OUIApril, 2005

Police take notice of car driving below speed limit with headlights flashing constantly from high to low beam. Patrolman follows driver for 1.4 miles sees three marked lanes violations. Following stop officer notes odor of alcohol, slow and slurred speech and admission to “a few drinks” from driver. Officer testifies that driver refuses to complete two standard field sobriety tests due to serious back injury and failed two other tests. Defense challenges validity of remaining field sobriety tests, offers medical records to confirm debilitating back injury and independent witness to confirm driver’s sobriety. Not guilty verdict following trial.

Not Guilty MA OUIMarch, 2005

Police observe driver proceeding 7-10 mph in 25 mph zone. Driver followed and police observe two improper turns and weaving. Officer approaches and notes strong odor of alcohol, glassy red eyes and slurred speech. After having trouble with three field sobriety tests driver tells officer, “Ok, you got me, I’ve been drinking…l”m done.” Defense presents evidence that extremely foggy conditions were cause of erratic driving and driver’s advanced age and physical limitations affected his ability to complete standard field sobriety tests. Not guilty verdict following trial.

Not Guilty MA OUIMarch, 2005

Client stopped at 1:45 a.m. for speeding. Police officer detects odor of alcohol and client’s eyes to be bloodshot and glassy. Client subsequently fails four standardized field sobriety tests. Defense excludes evidence or reference to two tests including single preliminary breath test of .16 BAC. Defense challenges relationship between the remaining balance/coordination tests and a person’s ability to drive a car safely. Defense establishes that client exhibited good control over the vehicle despite the excessive speed. Not Guilty following jury trial.

Not Guilty NH DWIMarch, 2005

Police respond to report of vehicle striking toll booth barrier at slow speed. Driver speaks limited English but is able to complete some field sobriety tests including the one legged stand which he does perfectly. After arrest implied consent rights for breath test explained to driver via international long distance operator utilizing speaker phone. Driver submits to breath test with .15 BAC. Defense excludes breath test results for lack of foundation that implied consent law followed (without international operator available as witness government cannot submit results). Not guilty verdict following trial.

Not Guilty NH DWIMarch, 2005

Police respond to scene of two car accident at intersection controlled by traffic light at 5:00 p.m. Defendant admits that she missed red light and that she had two beers at lunch hours earlier but nothing to drink since then. Police detect odor of alcohol, red, glassy eyes and slurred speech. Field sobriety testing takes place on side of busy main road in town center. Police further allege driver using asthma inhaler as “cover-up” to conceal odor of alcohol in car and on her breath. Defense offers evidence that defendant’s asthma brought on by stress of accident. Defense witnesses establish driver’s sobriety and lack of alcohol consumption for several hours before accident. Not guilty verdict following trial.

MA OUI Charge DismissedMarch, 2005

Police responding to report of domestic disturbance where female is reportedly highly intoxicated and leaving the scene in a black pick up truck. One police officer en route radios a second officer en route to stop a different vehicle because he thinks it contains the female party reportedly involved in the domestic. Police stop the car not matching the description given by 911 caller. Driver charged with OUI. The Officer that recognized the driver does not appear for hearing on defense Motion to Suppress. His statements to second Officer must be excluded because exception to hearsay rule would violate defendant’s right to confrontation under Sixth Amendment and recent U.S. Supreme Court decision. Motion To Suppress allowed. OUI charge dismissed.

NH DWI Conviction VacatedMarch, 2005

Immigrant driver is stopped for Driving After Revocation for DWI facing mandatory jail term. Suspension is the result of earlier plea to DWI charge that occurred without the benefit of counsel or native language interpreter. Defense challenges earlier DWI conviction on grounds that it is not the result of a voluntary and knowing waiver of constitutional rights. DWI conviction vacated and new trial ordered, mandatory jail sentence and further suspension on new charge avoided.

Not Guilty MA OUIFebruary, 2005

Defense challenges accuracy and reliability of .09 breath test and validity of field sobriety testing. Driver stopped by police for entering rotary from fast food restaurant without headlights on. Driver admits to officer that he consumed “4-5 beers and a Fenway Frank.” Defense cross exam of breath test machine operator focused on limitations of infrared breath testing and indirect relationship to true blood alcohol levels. Not Guilty verdict following jury trial.

Not Guilty NH DWIFebruary, 2005

Driver stopped by police for broken license plate light. Police officer notes slurred speech, odor of alcohol, difficulty exiting car and following directions. Driver’s refusal of field sobriety tests and breath test admissible against him at trial. Officer testifies that driver was exhibited mood swings, including being apologetic then angry, finally displaying his middle finger to the arresting officer throughout booking. Defense focuses on safe operation and attitude of diver consistent with wrongly accused person. Not Guilty verdict following jury trial.

Not Guilty MA OUIJanuary, 2005

Driver stopped by police for stop line violation. Officer notes odor of alcohol, nervous demeanor and an admission to drinking earlier in the evening. Client submits to battery of field sobriety tests, some of which the police record as the “satisfactory” and others as “deficient”. Defense contends client performed extremely well on all field sobriety tests and that the admission to earlier consumption with an odor of alcohol are not enough evidence to prove impairment beyond reasonable doubt. DWI charge dismissed.

Not Guilty MA OUIJanuary, 2005

Client found by police sleeping in car just off roadway with one wheel on public way, engine shut off, keys on floorboard with two open bottles of alcohol. Police testify that they wake client and she then miserably fails all field sobriety tests and is unable to recite the correct date, time or her present location. Defense stipulates to intoxication and argues government lacks evidence to prove operation or establish when the client consumed the alcohol in relation to the last operation of the car. Not guilty verdict following trial.

Not Guilty NH DWIJanuary, 2005

Client passes marked cruiser in opposite direction going 51 m.p.h. in 30 m.p.h. zone. Police turn and eventually catch up to client who is now in the parking lot of a fast food establishment urinating outside of his car. Police note odor of alcohol, admission to drinking, and red, glassy eyes. Defense challenges validity and importance of field sobriety tests, the relevance of defendant’s refusal of a breath test and public urination to safe operation of car. Jury reports deadlock at 11-1. Defense weighs options including possible mistrial and re-trial and then waives right to unanimous verdict and agrees to accept 11 juror verdict regardless of outcome. Not guilty verdict following trial.

Not Guilty NH DWIJanuary, 2005

Client passes marked cruiser in opposite direction going 51 m.p.h. in 30 m.p.h. zone. Police turn and eventually catch up to client who is now in the parking lot of a fast food establishment urinating outside of his car. Police note odor of alcohol, admission to drinking, and red, glassy eyes. Defense challenges validity and importance of field sobriety tests, the relevance of defendant’s refusal of a breath test and public urination to safe operation of car. Jury reports deadlock at 11-1. Defense weighs options including possible mistrial and re-trial and then waives right to unanimous verdict and agrees to accept 11 juror verdict regardless of outcome. Not guilty verdict following trial.

NH DWI Charge DismissedJanuary, 2005

Driver stopped by police for stop line violation. Officer notes odor of alcohol, nervous demeanor and an admission to drinking earlier in the evening. Client submits to battery of field sobriety tests, some of which the police record as the “satisfactory” and others as “deficient”. Defense contends client performed extremely well on all field sobriety tests and that the admission to earlier consumption with an odor of alcohol are not enough evidence to prove impairment beyond reasonable doubt. DWI charge dismissed.

Not Guilty MA OUIDecember, 2004

Police respond to report of one car accident with property damage. Driver and vehicle have left the scene before police arrive. Neighbors direct police to driveway short distance away where damaged vehicle is parked. Alleged driver is one of several people at the home. Only evidence of operation is a hesitant admission by the defendant that she was the driver. Prosecution lacks evidence to corroborate admission and prove operation beyond reasonable doubt. Defense prevails on Motion for Required Finding of Not Guilty.

NH DWI Charge DismissedDecember, 2004

Defense wins Motion to Suppress in 2003 before District Court challenging motor vehicle stop based on anonymous cell phone tip where police do not independently corroborate report of alleged erratic operation. State appeals to NH Supreme Court. Supreme Court decides case by remanding matter back to District Court with benefit of opinion creating “new analytical framework” to test police stops based on anonymous phone tips in DWI cases. Defense wins Motion to Suppress second time under new law created by Supreme Court opinion.

NH DWI Charge DismissedDecember, 2004

Driver stopped for speeding and admits to officer that she recently consumed a drink. Exit order and field sobriety tests follow. Driver informs officer that she sustained serious leg fractures requiring multiple surgeries and placement of orthopedic hardware which still impairs her balance and causes substantial pain. Police proceed with field sobriety testing which driver cannot complete. DWI Charge Dismissed in light of subsequently documented medical history and disability.

NH DWI Charge DismissedDecember, 2004

Driver takes wrong turn down poorly marked one way street. Police approach head on and stop vehicle. Driver ordered to exit and submit to field sobriety testing when he admits to consuming “a few” beers earlier in the evening. Location is busy roadway on slight grade which may adversely affect outcome of standard tests. Officers do not complete their “most accurate” Horizontal Gaze Nystagmus (HGN) Test. DWI Charge Dismissed.

MA OUI Drugs Charge DismissedDecember, 2004

Driver stopped on outstanding arrest warrant. Police notice odor of freshly burnt marijuana emanating from vehicle and driver and find small amount of drug in door panel pocket. Police allege driver is lethargic with glassy, red, bloodshot eyes. Arresting officers are not “drug recognition experts” certified in drugged driving detection or special validated field testing for this purpose. OUI Drugs charge dismissed due to lack of evidence of erratic operation and lack of expert testimony.

NH Administrative Suspension VacatedDecember, 2004

Driver involved in minor traffic accident after leaving friends house where she watched football but consumed no alcohol. Police allege odor of alcohol and poor performance on field sobriety tests and arrest driver for DWI. Driver refuses to submit to breath test over concerns that her inhaler medication may affect results. Driving privileges suspended for six (6) months. Defense requests hearing on this administrative suspension and appears with witnesses to challenge all aspects of suspension. Arresting Officer fails to appear, suspension vacated, driving privileges restored.

Not Guilty MA OUI ChargeNovember, 2004

Client is driving a close friend and another acquaintance. Friend is highly intoxicated and opens door of pickup truck without warning, falls to street and suffers life threatening injuries. Due to rural, secluded location client attempts to drive friend to hospital but is stopped by responding police and removed from vehicle at gun-point. After friend is transported to hospital by med flight, client admits to police that he drank “one beer”. Police allege client failed field sobriety tests and charge him with OUI Causing Serious Bodily Injury. Defense obtains directed verdict on Serious Bodily Injury element as there is no evidence that defendant caused victim to fall from truck. Jury returns not guilty verdict on remaining OUI charge.

Not Guilty MA OUI ChargeNovember, 2004

Police respond to one car accident and find car flipped over snow bank resting on its roof. Client admits to driving vehicle and consuming three beers at local bar, but can’t recall location or name of bar and appears confused. Defense excludes admissions in Motion to Suppress. Defense contends that client’s demeanor and unsteadiness due to injuries from crash. Client found not guilty following trial.

Not Guilty MA OUI ChargeNovember, 2004

Client stopped by police for speeding infraction but no other erratic operation. Police note odor of alcohol, red, glassy eyes, unsteadiness and difficulty with balance and coordination. Admits to consuming “two beers”. Defense introduces client’s medical records to establish long history of degenerative arthritis in back, knees and ankles to explain 51 year old man’s struggles with standard balance coordination field sobriety tests. Friend testifies for defense that she kept only two beers in her house for beef stew broth and these were the only beers consumed by client before he left her house.

NH DWI Charge DismissedNovember, 2004

Police find abandoned SUV rolled onto its roof at 2:30 a.m. Officer responds to home of registered owner where mother allows officer to enter home to speak to her son. Client appears in boxer shorts and admits to officer that he was driving car but claims he fell asleep at wheel, did not have cell phone to call police and was picked up and driven home by a good Samaritan. Officer continues to question client in his kitchen, conducts field sobriety tests and arrests client in his home for DWI. Defense Motion to Suppress allowed. Officer had no grounds to continue interrogation and detention in home where defendant denied drinking, was responsive and coherent and officer did not detect odor of alcohol, slurred speech or see any unsteadiness or sway. All evidence following initial questioning including field sobriety tests and subsequent .10 Breath test excluded. DWI Charge Dismissed.

Not Guilty MA OUI Drugs ChargeNovember, 2004

Police respond to single car accident and find truck plowed into tree. Client found some distance away from vehicle, bleeding from head injury. Officer detects odor of burnt marijuana and client allegedly states that he “fells like someone slipped him a roofie.” Search of truck discloses marijuana pipe with pot residue. Defense prevails on Motion to Suppress excluding contraband found during search of truck. Not guilty verdict at trial on OUI Drugs charge.

Not Guilty MA OUI Drugs ChargeNovember, 2004

Police respond to one car accident and bystanders identify client as driver of car involved. Client tells police that he is unwilling to submit to field sobriety tests because he “just smoked a joint”. Defense excludes statement from evidence as it was shown not to be the product of a voluntary waiver of his right to remain silent. Charge dismissed for lack of evidence on drug use.

NH DWI Charge DismissedOctober, 2004

Driver traveling at high rate of speed loses control and crashes off road where he is knocked unconscious. When client regains consciousness, he begins to struggle with responding police and EMTs, whom allege client is belligerent, combative and smells of alcohol. Client transported to hospital without first submitting to field sobriety or breath tests. Charge dismissed where evidence leads to equally reasonable inferences that client’s demeanor and actions were caused by serious head injury as opposed to alcohol consumption.

NH DWI Charge DismissedOctober, 2004

Client’s vehicle stopped by police for BOLO (be on lookout for) following alleged fight at outdoor gathering. Client admits he witnessed fight where he was pepper sprayed and had a few beers earlier. Following field sobriety tests client is arrested and charged with DWI. Defense prepared to exclude both preliminary and standard breath test evidence at trial. DWI charged dismissed prior to trial.

NH DWI Charge DismissedOctober, 2004

Client stopped by police for alleged marked lanes violations. Driver admits to drinking some hours earlier and she has difficulty with parts of field sobriety testing and does well on others. Breath test refused following DWI arrest. Defense negotiates dismissal of both Adminstrative License Loss (ALS) for breath test refusal and DWI charge prior to trial.

NH DWI Charge DismissedOctober, 2004

Client stopped by police for minor traffic violation. Driver admits to only two beers over course of evening. Video evidence utlized by defense to demonstrate client’s sobriety and rebut allegation of impairment. DWI charge and ALS dismissed prior to trial.

Not Guilty MA OUISeptember, 2004

Client stopped for broken license plate light and failure to completely stop and signal turn. Police note an odor of alcohol, glassy eyes and slow deliberate movements and speech. Defense wins pre-trial motion to suppress search of vehicle to exclude open container of beer and thirty-pack. Trial defense focuses on field sobriety tests and their actual relationship to safe driving. Not guilty verdict following trial.

Not Guilty MA OUISeptember, 2004

Client stopped by police for running red light. Driver engaged on cell phone in an attempt to find out location of vehicle registration while officers command him to hang up phone and exit vehicle. Police detect odor of alcohol and slurred speech. Verbal argument leads police to forcibly remove driver from vehicle where struggle ensues. Driver charged with OUI, Disorderly Conduct and Possession of Drugs. Drugs excluded prior to trial on defense Motion to Suppress as fruits of illegal search. Not guilty verdict on OUI and Disorderly Conduct following jury trial.

NH DWI Charge DismissedSeptember, 2004

Client stopped by police for speeding. Following initial questioning officer directs driver to step from vehicle to complete field sobriety testing in view of the officer’s cruiser mounted audio/video equipment. Defense requests copy of audio/video evidence as standard pre-trial discovery practice. Copy and original video footage are rendered mostly unusable due to police equipment failure. Defense prepared to argue that video was best evidence of field sobriety tests and likely exculpatory to defendant. Prosecution prepared to try case on other evidence of impairment. Defense negotiates pre-trial dismissal of DWI charge.

MA OUI Charge DismissedSeptember, 2004

Client loses control of vehicle after side swiping jersey barrier in highway construction zone. Police respond to report of single car rollover accident and speak to driver and witnesses. Client transported to hospital for medical treatment and routine blood test indicates blood alcohol content over legal limit. Defense continues to request trial dates and plans to exclude blood test on evidentiary grounds. Charge dismissed when government is unable to produce witnesses to operation, arrest and blood testing.

MA OUI Charge DismissedSeptember, 2004

Client stopped by police while driving home from scene of minor fender bender on highway off ramp. Police allege that driver left scene of accident without giving name, address and registration information to other driver. Defense continues to request trial dates and appears each time ready to try all issues. Charge dismissed when government is unable to produce witnesses to operation and arrest.

MA OUI Conviction VacatedSeptember, 2004

Client charged in NH with DWI. Defense negotiates dismissal of DWI charge. Adminstrative suspension in NH for breath test refusal is two (2) years based on prior 1993 Mass OUI conviction. Defense successfully vacates 1993 MA OUI convictiong reducing NH administrative suspension from two (2) years to 180 days.

NH DWI Complaints DismissedSeptember, 2004

Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.

MA OUI Charge DismissedAugust, 2004

Driver crashes car through construction barriers on re-routed section of highway off ramp in view of police detail. Vehicle is heavily damaged by falling construction sign and air bags deploy. Driver is arrested for OUI without field sobriety testing or an admission of drinking. Defense obtains dismissal of OUI charge on second trial date based on government’s inability to produce a police witness to testify regarding the grounds for the arrest and opinion that the driver was impaired by alcohol.

NH License Suspension VacatedAugust, 2004

Police allege client drove while impaired by alcohol in parking lot outside condominium complex causing minor property damage to second vehicle. Following field sobriety testing and arrest police allegedly advise client of his implied consent rights regarding alcohol breath testing. Police seize license and issue temporary 30 day driving permit to be followed by 180 day suspension for client’s alleged refusal of breath test. Defense requests hearing on administrative license suspension (ALS). State fails to timely file “sworn report” setting forth grounds for arrest and alleged chemical test refusal. 180 day suspension vacated.

Not Guilty NH DWIJuly, 2004

Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 11/2 hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.

MA OUI Charge DismissedJuly, 2004

Police find client standing near scene of one car accident. Officer determines client was driver of vehicle and was operating while intoxicated but decides to place her in “protective custody” while he investigates vehicle’s involvement in earlier accident. Client released from police station with out being charged, booked or issued a citation putting her on notice of OUI charge. Defense Motion to Dismiss OUI charged allowed for police failure to issue citation at time and place of offense.

NH BWI (Boating) Charge DismissedJuly, 2004

Client stopped by Marine Patrol for navigational lights violation, subsequently arrested for BWI and fails breath test. Defense Motion to Dismiss allowed on trial date when State was not able to proceed with necessary witnesses trained and certified in field sobriety testing to establish probable cause for arrest. Only available witness was a trainee officer not certified in all aspects of BWI investigations and field sobriety tests.

NH License Suspension RescindedJuly, 2004

Client stopped and arrested for DWI, hires counsel and enters not guilty plea requesting trial. Six month administrative suspension due to begin thirty days after arrest based on .13 breath test. Defense requests administrative review hearing challenging validity of breath test results. Defense finds that requisite documents certifying calibration and maintenance of breath test machine and attached simulator device do not match equipment serial numbers on record of breath test. State cannot validate test results pursuant to controlling administrative rules. Six month administrative suspension rescinded.

Not Guilty MA OUIJune, 2004

Client stopped for speeding. Officer notes strong odor from car and finds a half-empty can of beer hidden in the console. Officer testifies client failed three standard field sobriety tests. Defense focuses on reliability of tests using scene photos to cross examine the arresting officer. Client testifies to consuming 3-4 beers while playing pool after a 12-hour work day. Not guilty verdict following trial.

NH DWI Charge DismissedJune, 2004

Police officer watches client enter passenger door of pick up truck and then run around to driver’s side to enter and start truck. Truck leaves store parking lot “expiditiously” but then pulls into 7-Eleven parking lot in an “evasive” manner. Officer waits to pull truck over in traffic to determine identity of driver and registered owner information. Driver charged with DWI following stop. Defense Motion to Suppress allowed, officer lacked reasonable specific facts support stop for criminal activity. DWI complaint dismissed.

MA OUI Charge DismissedMay, 2004

Police officer observes client swaying and staggering on sidewalk in vicinity of local bar at 1:00 a.m. Weather is cold with ice and snow on ground. Officer decides to circle block to pick up client and drive him home. Officer sees client behind wheel of truck exiting parking garage but continues by and allows truck to exit. Officer runs registration plate through cruiser on board computer to confirm ownership as truck continues on with no erratic operation or equipment violations. Subsequent stop of vehicle deemed illegal when observations only gave rise to mere suspicion or hunch that driver was impaired by alcohol. Pre-trial Motion to Suppress allowed.

Not Guilty MA OUIApril, 2004

Police respond to single car accident with telephone pole. Driver admits to “losing control” of car. Officer detects odor of alcohol from driver and administers field sobriety tests which in his opinion driver fails. Defense challenges validity of test results given poor lighting and wet snowy conditions at scene. Defense offers breath test results of .06 BAC to contradict officer’s opinion that driver was impaired by alcohol at time of accident. Not guilty verdict at trial.

Not Guilty MA OUIApril, 2004

Client stopped by police for alleged marked lanes violations and speeding. Officer testifies that client failed five field sobriety tests. Cross exam establishes that client actually passed three of the standard tests and the remaining two tests are not validated tests for detection of impairment by alcohol. Defense excludes breath test result of .12 BAC due to lack of valid implied consent procedure. Not guilty verdict at trial.

Not Guilty MA OUIApril, 2004

Police respond to report of minor fender bender in apartment complex parking lot. Client found outside running vehicle and admits to being “too drunk to drive.” Civilian witness testifies that he observed client driving only in parking lot. Client arrested and submits to breath test result of .23 BAC. Defense argues lack of evidence presented to support finding beyond reasonable doubt that client operated on a “public way” as required by drunk driving law. Not guilty verdict at trial.

Not Guilty MA OUIApril, 2004

Police stop vehicle for erratic operation and officer suspects that driver and passenger switched seats before stop. Officer admits there was some confusion at the scene as to which person was actually driving and that his vantage point did not allow him to see if a switch occurred. Police select client as driver and arrest him for OUI following standard field sobriety tests. Breath test results are .33 BAC. Defense presents alleged passenger at trial to admit she was the actual driver and her therapist backs up her testimony, confirming woman sought treatment for stress caused by her failure to admit the truth at the scene. Not guilty verdict following jury trial.

NH DWI Charge DismissedMarch, 2004

Client stopped by police for broken taillight, speed and marked lanes violation. Driver admits to one (1) mixed drink and submits to three standard field sobriety tests. Defense argues client passed the Horizontal Gaze Nystagmus (HGN) Test, a test routinely relied upon by the State as the “most accurate and reliable test.” Defense Motion to Dismiss allowed on DWI complaint.

Not Guilty NH DWI (Drugs)March, 2004

Client stopped for speeding. Officer detects odor of fresh burnt marijuana, blood shot eyes and odor of alcohol. Client admits to smoking half a joint just prior to stop but completes field sobriety tests without difficulty. Defense cross exam establishes standard field sobriety tests are not validated for detection of impairment by marijuana. Blood test is negative for alcohol but positive for marijuana. State’s expert witness admits that positive blood tests for THC only establish “window of use” and do not establish impairment which can vary significantly among individual marijuana users. Not guilty verdict following trial.

NH DWI Charge DismissedFebruary, 2004

Client stopped for expired registration sticker. Officer notes driver has red, bloodshot, glassy eyes, difficulty retrieving license and some confusion answering questions. Search of vehicle turns up drug paraphernalia. Driver allegedly admits to smoking marijuana shortly before being stopped. Defense cross examination focuses on driver’s successful performance on two of the field sobriety tests. Defense challenges arresting officer’s expertise to form opinion regarding effects of recently smoke marijuana on driver. Not guilty verdict following trial.

NH DWI Charge DismissedFebruary, 2004

Police observe client speeding on wet, slick road and then lose control going off road into trees. Police Officer notes odor of alcohol coming from driver before he is cut lose from car by Fire/EMT(s) and transported to hospital for treatment. No field sobriety tests, hospital lab blood test inadmissible, state’s blood tests are inconclusive as to whether driver’s blood alcohol content was above or below legal limit at time of accident. Defense Motion to Dismiss for lack of evidence allowed as to Aggravated DWI and regular DWI charges.

Not Guilty MA OUIJanuary, 2004

Client stopped by police in early morning for driving without headlights. Officer notes odor of alcohol, slow speech and movements and red glassy eyes. Client arrested following field sobriety tests. Defense photos show area is well lit business district. Cross exam focuses on lack of erratic operation and client’s ability to pass much of the field sobriety tests. Not guilty verdict following jury trial.

Not Guilty MA OUIJanuary, 2004

Police respond to client’s home to investigate single car accident with tree at 11:00 a.m. 100 yards from his house. Police find client unsteady, confused, disoriented and note odor of alcohol and slurred hesitant speech. Client admits to drinking a few beers the night before and is arrested for OUI and Leaving the Scene of an Accident following field sobriety tests. Defense uses medical records, photos and witness testimony to establish client injured by cracking windshield with head and fell asleep at wheel after exhausting work week. Not guilty verdict on both charges following jury trial.

NH DWI Charge DismissedJanuary, 2004

Motorcycle driver stopped by police for driving wrong way on one-way street. Driver admits to drinking only two beers. Officer concludes driver failed standard field sobriety tests but does note in his report driver’s prior “leg injuries”. Defense presents medical records related to these serious injuries as they tend to invalidate field sobriety tests. DWI charge dismissed.

MA OUI Charge DismissedJanuary, 2004

Client arrested for OUI offense after allegedly leaving the scene of minor traffic accident. Client is found several blocks from abandoned vehicle allegedly involved in minor accident. Charge is dismissed for lack of necessary evidence to establish identity of driver at time of accident.

Not Guilty MA OUIDecember, 2003

Client stopped for stop sign violation. Officer notes odor of alcohol and slurred speech. Client unable to submit to standard field sobriety tests due to disabling injuries to his joints and legs. Not guilty verdict following trial.

MA OUI Charge DismissedDecember, 2003

Police respond to report of hit and run property damage accident. Client subsequently arrested in his home by investigating police officers. Defense challenges validity of entry into home and arrest without a warrant. Prosecution cannot show that police obtained consent of residents prior to entering home Motion to Suppress allowed, charges dismissed.

NH BWI Charge DismissedDecember, 2003

Marine Patrol stop for navigational light violation. Client passes routine safety check for eqiupment by patrolman then admits to “only two beers, because I’m the designated driver.” Officer detects no odor of alcohol, slurred speech or red/glassy eyes. Defense Motion to Suppress is allowed. Further detention to investigate possible BWI offense is illegal without additional evidence to support hunch by Officer that boat operator is impaired by alcohol. Charge dismissed.

NH BWI Charge DismissedNovember, 2003

Marine Patrol stop for navigational light violation. Officer notes odor of alcohol, slurred speech and unsteadiness. Client arrested and charged with Boating While Intoxicated (DWI penalty with same loss of driver’s license). Defense Motion to Dismiss allowed as state did not identify client as person listed in complaint.

Not Guilty NH Aggravated DWINovember, 2003

Client stopped by police for speeding and arrested for DWI following standard field sobriety tests. Subsequent breath test results are .19 and .17 BAC. Prosecution charges Aggravated DWI for BAC result over .16 (mandatory penalty includes 1 year loss of license). Defense focuses on accuracy of breath test results in light of machine operator’s deviation from standard procedures for test. Client found not guilty on Aggravated DWI complaint following trial and avoids enhanced penalties.

Possession Class D (Marijuana) Charge DismissedNovember, 2003

Driver stopped for marked lanes violation. Police smell odor of alcohol and arrest client for Operating Under Influence following field sobriety tests. Second officer on scene conducts search of interior of vehicle after client placed in custody and finds various items including a marijuana pipe, hand rolled joint and a bag of marijuana. Court holds search of vehicle is illegal and items found are suppressed as evidence. Defense successfully argues that prosecution did not meet burden of showing search was conducted pursuant to an established and written police department policy regarding searching and securing vehicles to be towed. OUI charge to proceed to trial.

Not Guilty MA OUIOctober, 2003

Not guilty verdict following jury trial. Police activate blue lights and stop client .9 miles from where officer first observed marked lane violation. Client drives wrong way down marked one way street. Officer conducts standard field sobriety tests and alleges client fails tests while being unsteady on his feet, stumbling and falling down. During cross exam officer admits that client was barefoot during tests on darkened, slopped roadway and necessary procedures for tests were not followed. Further admits that client’s fall and stumble were actually limited to client reaching out with hands to regain balance.

Not Guilty MA OUIOctober, 2003

Not guilty verdict following jury trial. Client found at scene of one car accident at 4:00 a.m. with car on snow bank into telephone pole. Admits to responding officer that she consumed champagne earlier in night. Arrest follows battery of field sobriety tests. Officer admits on cross exam that the results of field sobriety tests not necessarily valid for client based on her weight, high heels and freezing temperatures at scene.

Not Guilty MA OUIOctober, 2003

Client charged with OUI, second offense, after police officer finds him stopped, asleep at traffic light with hands on wheel and foot on break at 2:30 a.m. Officer admits on cross exam that defendant passed one of two standard field sobriety tests. Defense offers testimony from independent witnesses that defendant was not impaired by alcohol. Defendant testifies that he was extremely tired at the end of a 21 hour day without rest and that four (4) officers present during field sobriety tests interfered and interrupted him during second test. Not guilty verdict.

NH DWI Charge DismissedOctober, 2003

Client stopped at 2:00 a.m. for executing u-turn and squealing his tires into turn several blocks later. Officer detects odor of alcohol from driver who admits to “two or three beers”. Results of standard field sobriety tests marginal, although officer deems client’s performance a failure of each test, noting slurred speech and unsteadiness on feet. Defense uses booking tape to show client is articulate, steady, polite and cooperative shortly after the arrest. DWI Complaint dismissed.

Possession Class D (Marijuana) Charge DismissedOctober, 2003

Defense wins Motion to Suppress warrantless stop, detention, search and arrest. Police stop vehicle for loud muffler. After receiving license and registration Officer alleges he detects odor of burnt marijuana emanating from vehicle. Officer orders driver to step from vehicle to submit to pat down frisk for weapons although officer admits on cross exam that he saw no evidence of weapons or suspicious movements and detected no odor of marijuana on the driver’s person. Officer next orders back seat passenger from vehicle, conducts pat down frisk and feels hard cylindrical object. Fearing object is a weapon, the officer removes object and finds it to be a bowl for smoking marijuana with residue. Again officer admits no odor of marijuana on any of the three occupants. Subsequent search of car discloses marijuana in client’s purse. Court holds search of car based on illegal pat down search Officer had no legitimate safety concerns given lack of suspicious movements, daytime hour, suburban downtown location of stop.

Not Guilty MA OUI (3rd Offense)October, 2003

Not guilty verdict following jury trial. Client stopped on highway for alleged erratic operation when officer follows his car from secondary road onto interstate. Officer admits on cross exam that client passed one standard field sobriety test and the second test’s effectiveness is limited as to detection of impaired drivers. Officer admits that “Erratic Operation” on highway was speeding and tailgating tractor trailer in slow lane before executing safe passing manuever.

Not Guilty NH DWISeptember, 2003

Police follow motorcycle driver for 1.5 miles after first noticing bike do “smoke show” at end of driveway, finally making stop for clocked speeding. Officer testifies that driver failed two standard field sobriety tests but admits on cross exam that driver passed third standard test. Defense introduces portion of video tape from cruiser showing police following bike on road. Tape shows reasonable and steady operation of the motorcycle. Not guilty verdict following trial.

Not Guilty on NH Possession of Alcohol by MinorSeptember, 2003

Client charged with Possession of Alcohol by Minor based on statute allowing proof of internal possession by intoxication. Trial on all issues. State cannot establish foundation to allow in evidence of portable breath test (PBT). State’s witnesses cannot testify that they observed defendant consume alcoholic beverages at party. No field sobriety tests or other evidence of intoxication. Not guilty verdict following trial.

Not Guilty NH BWI (Boating)September, 2003

Client stopped by Marine Patrol for failure to turn on stearn/bow lights while exiting channel at night. Officer conducts routine safety check and detects “faint” odor of alcohol and “slightly” slurred speech. Client boater asked to board patrol vessel for battery of field sobriety tests. Circumstantial evidence supported finding that nervousness contributed to difficulty with two field sobriety tests while client performed perfectly on third test. Evidence of refusal of breath test excluded by defense. Not guilty finding after trial.

Not Guilty MA OUIAugust, 2003

Single car accident reported to police by citizen who hears crash outside of house but does not see it occur. While talking to 911 dispatcher witness returns to window and sees young man exiting vehicle on driver’s side. Witness unable to identify client as this person with certainty on day of trial. Police arrive to find two highly intoxicated young men outside of car. Client admits to being driver, but later recants during booking at station. Vehicle owned and registered to the second man present who attempts to leave the scene in damaged car after walking away from investigating police officers. Defense stipulates to intoxication and public way, challenges operation on lack of evidence to identify client as driver or to corroborate his withdrawn admission that he was driver at time of accident. Not guilty verdict following trial.

NH DWI Charge DismissedAugust, 2003

Driver stopped by police after helping his friend tow his vehicle from a deep snow bank in a fast food restaurant parking lot. Police had called owner of abandoned vehicle thirty minutes earlier and asked him to remove vehicle from lot. No erratic operation, police allege stop made of both vehicles in parking lot to investigate “suspicious activity” around abandoned vehicle. Exit order, field sobriety tests, admission of drinking, glassy eyes, slurred speech, etc. Motion to Dismiss allowed at trial. Parking lot closed to public after regular business hours and not a “way” for purposes of the drunk driving statute.

Not Guilty NH DWI ChargeJuly, 2003

Client stopped for speeding and marked lanes violation. Driver admits to officer that he drank 5 or 6 beers. Officer notes an obvious limp when driver steps from vehicle plus odor of alcohol, red and glassy eyes and thick tongued speech. Defense submits medical records to prove limp is caused by recent surgery to remove orthopedic hardware from leg three (3) weeks before arrest. Defense argues driver’s inability to complete field sobriety tests perfectly is due to the injury and defendant’s large size and weight would allow him to consume 5 beers and still drive safely.

NH DWI Charge DismissedJuly, 2003

Anonymous cell phone caller reports to local police vehicle “all over the road”, giving plate number and brief description of vehicle and location. Police set up observation on same road to intercept vehicle 5-6 miles south of reported location. Police stop client after confirming plate number but the police officer does not observe any erratic or dangerous operation. Defense wins “Motion to Suppress” the stop arguing that police did not corroborate any details of anonymous report of erratic operation and that initial report lacked sufficient detail to be deemed self verifying. DWI charge dismissed.

NH DWI Charge DismissedJuly, 2003

Client arrested following single car roll over accident having informed arresting officer that he lost control of SUV while reaching to pick up cell phone from floor of vehicle. Driver exhibits difficulty completing field tests which require balance and coordination. Admits to five (5) drinks over course of evening. Defense presents medical records from driver’s visit to ER the next day and follow ups with his PCP, indicating inner ear and head injuries from accident, causing nausea, loss of balance, dizziness and nystagmus (eye symptom relied upon by police as evidence of intoxication, also symptom of head injury). Court allows defense motion to dismiss DWI complaint. Driver pleads to lesser offense of negligent driving.

NH DWI Complaint DismissedJuly, 2003

Client stopped for speeding while driving late model corvette on highway. Police officer makes arrest following alleged failed field sobriety tests. Booking video utilized to rebut claim that client was unsteady on feet and slurring speech.

NH DWI Complaint DismissedJuly, 2003

Client’s car breaks down and police find him waiting for tow and ride home. Keys in ignition but vehicle inoperable with only hazard lights activiated. Odor of alcohol and admission to “a couple of beers”. Client arrested following field sobriety tests in frigid night temperatures. Breath test one hour after arrest .08 BAC. Trial on all issues including impairment and whether client can be “driving” inoperable vehicle. DWI complaint dismissed following trial.

NOT Guilty On Mass OUIJuly, 2003

Client apprehended outside of vehicle in town center at 11:00 a.m. based on citizen report to police that she had entered store asking for paper towels to clean hands following car trouble, smelled of alcohol and was unsteady on feet. No erratic operation as she leaves store and then parks further up street to exit and call AAA. Police report client appears unsteady, odor of alcohol, and difficulty with field sobriety tests. Admits to drinking prior night into morning hours. Denies drinking that day. Breath test results of .15 and .17 BAC one hour after arrest. Trial on all issues including accuracy and reliability of breath test machine in light of maintenance records and lack of necessary laboratory certifications. Police admit client is infirm and not able to take standard field sobriety tests due to obvious physical disabilities. Not guilty verdict.

Not Guilty MA OUI ChargeJune, 2003

Client arrested after one car accident on icy rural roadway at 4:40 a.m. Police respond and arrest client for OUI without field sobriety tests. Police determine client is driver based solely on her admissions at scene. Transported to hospital where she submits to police requested blood test, revealing .11 BAC. Jury trial on all issues. Court allows defense Motion for Required finding of not guilty on issue of operation where there is no evidence to corroborate client’s admission to being driver and exclude other person at the scene as actual driver.

Not Guilty NH DWI ChargeJune, 2003

Client arrested and charged with DWI, under 21, following minor collision in restaurant parking lot. Trial on all issues including public way, operation and impairment. Client’s breath test (.11 BAC) excluded as prosecution did not call breathalyzer machine operator as necessary witness and defense did not stipulate to test procedure and results. Booking video utilized to rebut officer’s testimony regarding client’s alleged intoxicated appearance and difficulty with field sobriety tests.

Not Guilty Verdict on Mail Fraud IndictmentMay, 2003

U.S. District Court, Boston, MA. Client and co-defendant found not guilty following two week jury trial on indictments charging five (5) counts of mail fraud each, 18 U.S.C. section 1341. U.S. Attorney and A.T.F. allege that defendants conspired and schemed to defraud two (2) insurance companies of fire insurance proceeds following arson at restaurant operated and owned by defendants. Defense focuses on jealous husband as possible suspect in arson and status of restaurant at time of fire as small but growing successful venture, lack of financial gain or financial motive by defendants to start fire and pursue insurance money which did not cover actual losses.

Not Guilty MA OUI ChargeApril, 2003

Client arrested for OUI following single car accident. RMV suspends license for 120 days for alleged breath test refusal. Defense presents evidence to RMV at administrative hearing that client’s inability to complete test is due to illness and police operator inexperience with new breath test equipment. Suspension vacated, license reinstated pending trial.

Not Guilty MA OUI ChargeMarch, 2003

Jury trial. Client falls asleep and goes off rural road drivng home in early morning hours. Police, Fire and EMT’s respond to scene. Police officer notes glassy eyes, odor of alcohol and client’s admission to a “few beers.” Defense cross exam focuses on Officer’s failure to account for head injury due to air bag deployment and collision when conducting field sobriety tests and fatigue as factor for crash. Court allows defense Motion for Required Finding of Not Guilty.

Not Guilty NH DWI ChargeMarch, 2003

Client’s truck slides off road and lands in watery ditch during snow storm. Towed from ditch by good Samaritan with farm tractor. Short time later police officer stops client for “Hollywood roll” through stop sign and failure to use turn signal. Officer sees that truck and driver are covered in mud. Officer notes odor of alcohol, glassy eyes and admission to “two beers.” Defense establishes driver’s minor problems with sobriety tests are more likely caused by wet clothing and freezing temperature than alcohol consumption.

NH DWI Charge DismissedMarch, 2003

Police allege under 21 client almost strikes police officers in cross walk due to inattentive driving. Police arrest driver for open container, transportation of alcohol and Under 21 DWI (minimum mandatory penalty 1 year loss of license). Negotiated plea to new complaint charging reckless operation, with 60 day loss of license, DWI complaint dismissed.

NH DWI Charge DismissedMarch, 2003

Police stop 57 year old driver after he passes cruiser parked to block traffic at unrelated accident scene. Driver admits to one beer and one glass of wine. Defense submits driver had some difficulty with standard balance and coordination tests due to pre-existing back and knee problems. Defense utilizes booking video to demonstrate client’s sobriety. DWI complaint dismissed.

Not Guilty NH DWI ChargeFebruary, 2003

Client found not guilty at trial on DWI charge. Client stopped for speeding but no other erratic operation. Odor of alcohol, glassy and blood shot eyes observed by officer. Client admits to having “a few”. Field sobriety tests are conducted on roadway with substantial grade. Court not convinced beyond reasonable doubt that driver was impaired by alcohol in light of client’s performance on tests and evidence that hill would adversely effect client’s ability to perform standard field sobriety tests.

NH DWI Charge DismissedJanuary, 2003

Defense’s Motion to Dismiss DWI complaint allowed by Court. Client charged with DWI following one car accident. Client’s car left roadway when she bent over at wheel to retrieve ringing cell phone. Defense argues accident due to inattentive driving and cell phone distraction. Police unable to conduct field sobriety tests or breath test. Client pleads guilty to lesser offense of Negligent Operation with no loss of license.

NH Drug Possession Charge DismissedJanuary, 2003

Defense wins Motion to Suppress. Client is passenger in truck stopped by police for failure to display license plate. During routine stop driver points out to officer temporary plate taped to inside of tinted rear window. Officer detects odor of marijuana coming from truck. Officer runs warrant and license check on driver and passenger then returns to truck. Officer asks driver to step from truck to show him that temporary plate not visible from rear of truck through tinted window. During this discussion outside truck officer observes passenger make an “unusual” movement while still seated in truck. Officer asks passenger to step from vehicle for search and sees marijuana pipe in client’s open pocket. Client arrested and charged with possession of drugs. Driver subsequently arrested for DWI Drugs. Court agrees with defense that police illegally prolonged and extended scope of routine motor vehicle stop.

Not Guilty MA OUI ChargeDecember, 2002

Not Guilty verdict following jury trial. During traffic stop client tells police officer he drank seven beers. Defense presents evidence and testimony that consumption took place over several hours and client was not impaired by alcohol at time of stop.

NH DWI Charge DismissedDecember, 2002

Defense wins Motion to Suppress utilizing police cruiser video. Court agrees that police officer lacked sufficient facts to stop defendant. Client drove onto double yellow line four times without crossing it on rural winding road. Driver only crossed double yellow line when cruiser’s blue lights were activated.

NH DWI Charge DismissedOctober, 2002

Defense wins motion to suppress at trial. Defense argues stop, seizure and arrest of client at sobriety checkpoint roadblock illegal. State cannot prove selection of defendant from flow of traffic followed Court approved roadblock operational plan. Complaint charging DWI 1st Offense dismissed.

NH DWI Charge DismissedOctober, 2002

Defense wins motion to suppress at trial. Arresting officer stops client for crossing double yellow line once and straddling lane markers through two (2) intersections over one mile stretch of road. Only clues of intoxication after stop are an odor of alcohol and admission by client of having “one drink”. Court agrees that arresting officer did not have sufficient facts to allow traffic stop to continue and request driver to exit car for field sobriety tests.

Not Guilty on Operating After Revocation Charge in NHOctober, 2002

N.H. resident has driving privileges suspended in Massachussetts following plea to OUI , under 21 charge. Months later stopped by N.H. police and charged with Operating After Suspension. Court finds client not guilty at trial. Defense rebuts presumption that client received notice of suspension of his N.H. driver’s license from the N.H. Department of Safety.

Not Guilty on MA Indecent Assault & Battery ChargesOctober, 2002

Client found not guilty following Superior Court jury trial. Prosecution cannot establish identity of the perpetrator. Defense presents evidence that client was wrongly singled out for prosecution without further investigation of other available suspects.

NH Transportation of Controlled Drug Charge DismissedSeptember, 2002

Defense secures not guilty verdict at trial in May 2002 on complaint charging Drving While Intoxicated (drugs). Following first trial State serves new alternative complaint charging transportation of controlled drugs, which carries loss of license penalty. Defense files and prevails on Motion to Dismiss new complaint for violation of Double Jepoardy protection.

Not Guilty NH DWI ChargeAugust, 2002

Client is stopped after making two wrong turns on one way streets in front of Police cruiser. After trial, Court takes view of scene to confirm defense argument that location of field sobriety testing is uneven crumbling pavement. Arresting officer forced to admit the client passed “most accurate” of three standard field sobriety tests.

Not Guilty MA OUI ChargeJune, 2002

Defense wins Motion for Required Finding of Not Guilty during jury trial. Prosecution rests but fails to present evidence that the defendent’s impairment was due to alcohol consumption despite other evidence of intoxication.

Not Guilty NH DWI ChargeMay, 2002

Client charged with Driving While Intoxicated (marijuana) and Possession of a Controlled Substance. Defense excludes from evidence the client’s blood test results and the State lab certification that the “green leafy substance” is marijuana. State forced to dismiss Possession charge and client found not guilty after trial on the DWI charge

Not Guilty on NH Violation of Restraining Order ChargeMarch, 2002

Client charged with violating restraining order held by ex-girl friend when he walks past her place of employment at large shopping Mall twice in two week time period. Client found not guilty after trial. Arresting officer admits that he has no evidence that defendant had prior knowledge that alleged victim had taken job in Mall where he regularly had his hair cut. State can’t prove “knowing” violation of restraining order.

Larceny By Check, Forgery Charges DismissedMarch, 2002

Business partnership dissolves following dispute over money and embezzlement. Client charged with forging and/or misappropriating company funds for personal use in excess of fifty thousand dollars ($50,000). Defense investigation through subpoenaed bank records shows that alleged victims were actually committing theft by check and forgery while the defendant was out of country with his family. Charges against client dismissed by Court.

Not Guilty NH DWI ChargeFebruary, 2002

Client’s .14 Breath test wrong. Defense hires independent laboratory to re-test client’s captured breath sample. Independent lab finds client’s alcohol level actually .05 at time of arrest, defense presents evidence that police department’s breath testing machine defective.

Not Guilty NH DWI ChargeFebruary, 2002

Client’s .14 Breath test excluded as evidence. Defense sucessfully argues that State failed to prove that defendent waived his right to refuse breathalyzer test.

MA OUI Charge DismissedJanuary, 2002

Defense wins Motion To Suppress. Police stop client for alleged seat belt violation (passenger in bed of truck) and illegally elevated 4×4 suspension. Defense proves no violation of seat belt law or Registry rules for truck suspensions. Stop deemed illegal. Charge dismissed.

NH DWI charge dismissedDecember, 2001

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.

NH Possession of Controlled Substance Charge DismissedJanuary, 2001

Client riding as passenger in pick up truck stopped by police for alleged “loud muffler” on Route 95 off ramp. Police Officer checks licenses and registration but doesn’t issue ticket, instead calls for back up, removes young men from truck and pats them down for weapons. After finding contraband on client, Trooper asks for consent to search vehicle and he finds two (2) ounces of marijuana. Defense wins Motion to Suppress. Court agrees that the prolonged detention at roadside and subsequent searches are illegal as beyond scope of any legitimate stop for issuing ticket.

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, New Hampshire, and Maine 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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