2010 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

NH DWI Charge Dismissed

December, 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.

Not Guilty Verdict NH DWI Charge

December, 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 Charge

December, 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.

MA OUI Drugs Charge Dismissed

December, 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 Dismissed

December, 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.

NH Drunk Driving Case Dismissed

November, 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 Charge

November, 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.

Not Guilty Verdict MA OUI Charge

October, 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

NH Drunk Driving Case Dismissed

October, 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 Dismissed

October, 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 Dismissed

October, 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.

MA DUI Case Charge Dismissed

September, 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 Dismissed

September, 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 Dismissed

August, 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.

Not Guilty Verdict MA OUI Charge

August, 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.

MA DUI Case Charge Dismissed

August, 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 Charge

August, 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 Dismissed

July, 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 Dismissed

July, 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 Case

June, 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 Dismissed

June, 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 Dismissed

May, 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 Dismissed

May, 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 Dismissed

March, 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.

NH DWI Charge Dismissed

March, 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 Case Charge

March, 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.

MA DUI Case Dismissed

March, 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

MA OUI Charge Dismissed

February, 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 Case

February, 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 Charge

February, 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.

Not Guilty NH Drunk Driving Case Complaint & Felony Reckless Conduct

February, 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 DUI Case Dismissed

January, 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 Administrative License Suspension

January, 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.

NH Drunk Driving Case Charge Dismissed

January, 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.

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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