2009 DUI and Drunk Driving Cases, NH & MA

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

Verdicts and settlements by year

Not Guilty NH DWI Charge

December, 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.

NH Drunk Driving Charge Dismissed

December, 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 Charge

December, 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 Charge

December, 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 Dismissed

November, 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 Charge

November, 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.

NH DWI Charge Dismissed

October, 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.

MA Roadblock OUI Charge Dismissed

October, 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 Drunk Driving Charge Dismissed

September, 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.

NH Driving While Drunk Charge Dismissed

September, 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.

Not Guilty MA OUI Charge

September, 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.

MA DUI Case Dismissed

September, 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.

Not Guilty NH DWI Charge

August, 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 MA OUI Charge

July, 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 NH Aggravated DWI Charge

July, 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 Charge

July, 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.

Not Guilty MA OUI Charge

June, 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 Dismissed

June, 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 Case

June, 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 Case

June, 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.

NH Drunk Driving Case Dismissed

May, 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 DUI Case

May, 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 Charge

May, 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 Dismissed

April, 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) Charge

April, 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.

NH Drunk Driving Case Dismissed

March, 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.

MA DUI Case Dismissed

March, 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.

MA Roadblock OUI/DUI Case Dismissed

March, 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.

Not Guilty MA OUI Charge

March, 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 Dismissed

February, 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 Dismissed

January, 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 Dismissed

January, 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 Dismissed

January, 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.

Verdicts and settlements by year

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

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