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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

2008 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 Drunk Driving Case Dismissed

December, 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 Dismissed

December, 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 Dismissed

December, 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 Charge

November, 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 Charge

November, 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 DWI Charge Dismissed

October, 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 Dismissed

October, 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.

NH Drunk Driving Case Dismissed

October, 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.

MA Breath Test Evidence Excluded

September, 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 Dismissed

September, 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 Excluded

August, 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 Excluded

July, 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 Charge

July, 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 OUI Charge Dismissed

July, 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 Drugs Charge Dismissed

July, 2008

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.

Not Guilty MA DUI Case

July, 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 Dismissed

July, 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.

MA DUI Case Dismissed

July, 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.

NH DWI Drugs Charge Dismissed

June, 2008

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.

NH DWI Charge Dismissed

June, 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 Vacated

May, 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.

NH Drunk Driving Case Dismissed

May, 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 DWI Charge Dismissed

May, 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 Dismissed

May, 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 Charges Dismissed

May, 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 Dismissed

May, 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.

NH Drunk Driving Case Dismissed

May, 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.

Not Guilty NH Aggravated DWI Charge

May, 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.

Not Guilty MA OUI Charge

April, 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 Charge

April, 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.

Not Guilty MA DUI Case

April, 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.

NH DWI Charge Dismissed

March, 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 Charge

March, 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 Dismissed

February, 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 DWI Charge

February, 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.

Not Guilty NH Drunk Driving Case

February, 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.

NH DWI Charge Dismissed

January, 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 Drunk Driving Case Dismissed

January, 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.

Not Guilty NH DWI Charge

January, 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 Drunk Driving Case Dismissed

January, 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 Dismissed

January, 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.

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