Not Guilty Verdict MA OUINovember, 2018
Police stop to investigate motorcycle stopped on side of road. Driver is laying on grass near bike waiting for AAA and informs police the bike broke down. Civilian witness testifies that he attempted to help the driver and actually called AAA for him, providing the exact location. Police find driver to be confused about his actual whereabouts and he emits a strong odor of alcohol. Field sobriety tests result in client’s arrest. Post arrest breath test of .21 is excluded by the defense. Medical records offered by defense to substantiate client’s claim of bad knees. Not Guilty Verdict after trial. Lifetime lookback enhanced penalties under Melanie’s Law avoided.
Not Guilty Verdict MA OUINovember, 2018
Driver is involved in rear end collision on busy thoroughfare at 6:00 p.m. in evening. Admits to police he had “a couple” after work. Driver refuses field sobriety testing and is arrested. Police cite accident, odor of alcohol, “clumsy” walking and admission to drinking as grounds for arrest. Post arrest breath test of .08 is excluded by defense. Refusal evidence not admissible in MA. Not Guilty Verdict following trial.
Not Guilty MA OUI ChargeOctober, 2018
Police stop driver after he reportedly side swiped another car on the highway and proceeded to drive several miles without stopping. Other vehicle follows client until police make stop. Driver participates in field sobriety tests and claims he didn’t realize his car “clipped mirrors” with the other car. Post arrest breath test. 12 is excluded by the defense. Booking video utilized to display the client’s demeanor, speech, balance, cognition and behavior. Not Guilty Verdict following trial.
MA OUI Charge DismissedOctober, 2018
Police stop driver for speeding in early morning hours. Officer notes odor of alcohol and driver’s glassy bloodshot eyes. Driver participates in field sobriety tests and police allege she fails horizontal gaze nystagmus (HGN) and walk and turn test, but passes one leg stand test. Portable Breath test (PBT) is .11. HGN and PBT are not admissible in MA. Defense excludes post arrest breath test of .09. OUI charge dismissed on day of trial for lack of prosecution.
Not Guilty Verdict MA OUISeptember, 2018
Driver stopped on highway for several lane changes without signaling and drooping his speed well below the posted limit causing other cars to slow. Officer notes the driver is excitedly claiming he’s never had a ticket and that he’s chewing gum, presumably to cover the odor of alcohol. Driver admits to having a few beers. Client does well on portions of field sobriety tests, but blow .099 on Portable Breath Test (PBT). He is arrestee and submits to post arrest breath test of .10. Defense excludes post arrest test and PBT is not admissible in MA. Not Guilty verdict following trial.
MA OUI Charge DismissedSeptember, 2018
Police respond to single car accident to find truck crashed through wrought iron fence. Client is found walking back towards the scene several minutes after the crash. He admits to drinking at his house where he is coming from and also earlier while golfing. Client admits to being the driver and is arrested for OUI charge. At trial Prosecution lack sufficient evidence to corroborate driver’s admission that he was the driver, as independent witness that called in crash was not identified. OUI Charge dismissed for lack of Prosecution at trial date.
Not Guilty Verdict MA OUISeptember, 2018
Driver reports to elementary school for afternoon pickup of his children. He is told by school staff to return with another vehicle equipped with adequate seating for kids. School staff call police to await his return because they detected an odor of alcohol from driver/dad. Police arrest driver upon his return and find an open container containing alcohol in his personal vehicle and his glassy/bloodshot eyes. Driver refuses to take filed sobriety tests. Defense calls civilian witness/family member that responded to scene and finds driver upset, but not intoxicated. Booking video shows driver balanced, well behaved, cooperative and using his medicated eye drops to treat red, itchy eyes, as prescribed in his medical records. Refusal evidence not admissible in MA. Not Guilty verdict following trial.
Not Guilty MA OUI ChargeSeptember, 2018
Police respond to single car crash to find pickup truck disabled and damage along highway jersey barrier. Driver admits to drinking earlier and claims he was cut off by a “black” car that left scene. Defense challenges validity of field sobriety tests in cold, wet, interior breakdown lane of highway and offer pictures of damage to truck to substantiate black paint transfer by another vehicle. First trial results in hung jury and a declared mistrial. Not Guilty verdict following 2nd trial.
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.
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 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.
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.
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 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.
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.