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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

2005 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

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006

2005

2004 2003 2002 2001

NH DWI Charge Dismissed

October, 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 Charge

October, 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 Charge

October, 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 Dismissed

September, 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.

Not Guilty MA OUI Charge

September, 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.

MA OUI Charge Dismissed

September, 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 Charge

September, 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.

Not Guilty NH DWI Charge

August, 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 MA OUI Charge

August, 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 Charge

August, 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 Charge

August, 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.

NH DWI Charge Dismissed

July, 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 Charge

July, 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.

Not Guilty NH DWI Charge

June, 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 Charge

June, 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 Charge

May, 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 Charge

May, 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 MA OUI Charge

May, 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 Charge

May, 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

May, 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 DWI

May, 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 Dismissed

May, 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 OUI

April, 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 OUI

April, 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 NH DWI

March, 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.

MA OUI Charge Dismissed

March, 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.

Not Guilty MA OUI

March, 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 NH DWI

March, 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.

Not Guilty MA OUI

March, 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.

NH DWI Conviction Vacated

March, 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 OUI

February, 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 DWI

February, 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 OUI

January, 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 OUI

January, 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 DWI

January, 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 Dismissed

January, 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 NH DWI

January, 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.

Verdicts and settlements by year

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006

2005

2004 2003 2002 2001

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.

23 years of Proven Personal Injury Results. www.bowserlaw.com

(888) 526-9737