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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

2015 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

Not Guilty verdict MA OUI Charge

January, 2015

Under 21 subject is found standing next to a crashed vehicle hung up on utility pole support wire and rock wall. First officer questions person about crash which subject cannot explain and then orders him to return to the car’s driver’s seat until back up arrives. 2nd officer arrives and conducts more thorough interrogation where subject makes admission to driving, but refuses all field tests and denies drinking. Defense wins pre-trial Motion to Suppress Statements to exclude all statements to 2nd Officer for Miranda violations. At trial evidence limited and defense offers recorded message of subject left for parents from Police Station to refute claim that his speech was slurred during booking. Not guilty verdict following trial.

Not Guilty verdict MA OUI Charge

January, 2015

Driver stopped by police as he exits highway through long off ramp. Driver admits that he drank at a club earlier but claims he is not impaired. Field sobriety tests and preliminary/portable (PBT) breath test result in arrest despite driver telling police he had a prior leg injury that would affect his performance on the tests. PBT evidence not admitted in Massachusetts because of lack of scientific reliability. Defense admits driver’s certified medical records to document short leg syndrome and limp. Passenger testifies as to the driver’s sobriety and how the police conducted their “investigation” roadside. Not guilty verdict following trial.

NH DWI Charge Dismissed

January, 2015

MA Driver stopped by NH police for speeding violation but no other erratic operation. Driver admits to consuming two (2) craft beers with his friends. Police make arrest following standard field sobriety tests and driver’s breath test result is a .09. Defense conducts extensive discovery on breath test device and officer training. Issue with test is the subjects documented Gastro Esophogeal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

MA OUI Charge Dismissed

January, 2015

Driver stopped by police following citizen cell phone report of erratic operation. Driver admits to returning home from Red Sox playoff game where he consumed beers throughout the evening. Police allege driver appears lethargic and speaks with a noticeably slur. Arrests follows standard field sobriety tests. Defense ready to present medical records of facial nerve damage that causes droopy lip and speech issues. At second trial date Prosecutor cannot go forward without necessary police witness. OUI charge dismissed for lack of prosecution.

NH DWI Charge Dismissed

February, 2015

MA driver stopped in NH for entering flow of traffic without yielding to oncoming traffic. Police wait a significant period of time before they stop driver for this offense as he approaches the Massachusetts border. Cruiser video shows a cooperative older driver who struggles has a cane with him to walk. He struggles with field sobriety tests. Post arrest breath test is .10. Defense prepares to argue Motion to Suppress, that police lacked reasonable grounds to stop the car, and probable cause to arrest. DWI charge dismissed before trial. Avoids drunk driving conviction with lifetime effect in Massachusetts under Melanie’s Law.

NH DWI Charge Dismissed

February, 2015

Police stop to investigate driver stopped on side of road. Driver is obviously asleep in breakdown lane with engine running. Driver tells police he is lost and stopped to utilize GPS and confirm his hotel reservations. He does admit to drinking some wine earlier. Following field sobriety tests the driver is arrested and submits to breath test with a .09 result. Defense contends field sobriety tests are inconclusive, as shown on cruiser video, and breath test is not proof of illegal level at time of driving without further evidence about exact time of consumption. DWI Charge Dismissed before trial.

NH DWI Drugs Charge Dismissed

February, 2015

Driver stopped following a citizen cell phone report of erratic operation. When driver is stopped police note several canisters of nitrous oxide which she states are left over from baking party with friends. Police note agitated, unusual behavior, but note of the classic signs of alcohol impairment. Driver’s medical record is replete with disabling conditions and prescribed medication use. Defense contends post arrest blood test reveals only therapeutic levels of prescribed medications. State Toxicologist intends to counter that combined effects of prescribed medications with use of nitrous oxide caused impaired/intoxicated driving. DWI Drugs charge dismissed before trial.

NH DWI Drugs Charge Dismissed

February, 2015

Police respond to scene of single car crash. Under 21 driver denies drinking and tests .00 on preliminary breath test. Police note an odor of burnt marijuana about the driver and his car. Driver refuses to take any field sobriety tests and refuses requested blood test. State intends to go forward with testimony from arresting officer. Defense contends the arresting Police Officer is not qualified to state any opinion at trial regarding the impairing effects of marijuana. DWI Drugs charge dismissed before trial.

MA OUI Charge Dismissed

February, 2015

Driver stopped following minor fender bender. Admits to drinking just prior to crash. Field sobriety tests may have been invalid for this driver as he has several medical conditions and disabilities. Defense prepares Motion to Exclude Breath Test evidence. Prosecutor cannot go forward with case at the Motion or Trial because they are forced to admit that necessary police witness is no longer available as a Commonwealth witness. OUI charge Dismissed for Lack of Prosecution. 2nd Lifetime finding under Melanie’s Law avoided which includes mandatory jail and/or inpatient sentence, two (2) year loss of license and ignition interlock.

NH DWI Charge Dismissed

March, 2015

Driver being followed by Police cruiser because he was exiting a side street with a wide turn. At same time another cruiser approached from opposite direction. 2nd Officer claims driver either flashed, or failed to immediately dim, his high beams as they passed each other. 2nd cruiser reverses direction, passes 1st cruiser and stops driver. Following admission to drinking and the very standard observations of glassy eyes, slurred speech and odor of alcohol the driver is arrested after field sobriety tests. Driver refuses a breath test. Defense prepared to argue Motion to Suppress Evidence, which challenges the validity/constitutionality of the initial stop, which may, or may not, have been based on an actual moving violation. DWI charge dismissed before trial.

NH DWI Charge Dismissed

March, 2015

Massachusetts driver suffers blowout on NH highway returning to college. While waiting for roadside assistance a significant time later NH Police respond to the scene of the breakdown and begin to question the subject about his whereabouts and drinking that evening. Arrest follows field sobriety tests and driver refuses breath test. Defense contends the State cannot meet its burden of proving beyond a reasonable doubt that client was actual driver without witnesses or other corroborating evidence. DWI charge dismissed before trial avoiding drunk driving conviction with lifetime effect under Melanie’s Law in Massachusetts.

NH Administrative License Suspension vacated

March, 2015

Driver arrested by police for failure to yield making turn. Once stopped driver exits to speak with the officer but he is ordered to return to his car. Field sobriety tests are continuously interrupted by dialogue between driver and officer. Driver arrested for DWI and brought to station for booking. Again, ongoing dialogue between driver and officer interrupts the normal administration of the Implied Consent Form, or NH ALS form. Driver asks multiple questions, which the officer refuses to answer. Despite multiple requests to decide, driver will not commit to take test, nor does he refuse. Officer loses patience and deems driver a refusal. Administrative Hearings Officer agrees with respondent’s counsel that there is a lack of evidence that driver affirmatively refused the requested breath test, in fact he never stated he refused requested testing. Two (2) year Administrative License Suspension vacated.

Not Guilty verdict MA OUI Charge

March, 2015

Police allege driver was clocked for one (1) mile at 110 MPH on highway, making unsafe lane changes on wet roadway. Police note odor of alcohol, glassy/bloodshot eyes, slurred speech and a denial of drinking. Search of car after arrest discloses empty six pack of bottles in backseat area. Driver refuses all field sobriety tests and refuses post arrest breath test. Refusal evidence inadmissible in Massachusetts. Driver testified that he never travelled at speed alleged and that bottles were leftover from recent trip to redeem all his empties at local package store after cleaning house. He confirms that he did drink two beers before the arrest and never denied drinking. Receipt for 20 bottles from redemption machine time stamped 30 minutes before arrest offered as exhibit by defense. Not guilty verdict following trial.

Not Guilty verdict MA OUI Charge

March, 2015

Under 21 Driver stopped for Speeding and Failure to Signal Turn. Shift commander hands over investigation to 2nd patrolman that conducts field sobriety tests. Driver completes tests with little difficulty but he is .09 BrAc on a Preliminary/Portable Breath (PBT). Following arrest driver submits to a Draeger Alcotest 9510 breath test with .09 result. At trial the prosecution cannot admit this post arrest breath test evidence. The PBT evidence in not admissible in Massachusetts. Not guilty finding following trial.

NH DWI Charge Dismissed

March, 2015

Massachusetts Driver stopped by New Hampshire Police coming home from visiting friends locally. Driver admits to having had a couple glasses of wine. Driver participates in field sobriety tests and is subsequently arrested for Driving While Intoxicated (DWI). Defense conducts administrative license suspension hearing and creates a transcript of sworn testimony with cross examination of officer under oath for use at trial. Trial is continued multiple times but defense is not willing to accept prosecutor’s offer of guilty plea to DWI with minimum penalties and withdrawal of six (6) month Administrative License Suspension (ALS). Prosecutor forced to dismiss DWI charge when arresting officer becomes unavailable as witness for trial. Drunk Driving finding with lifetime effect in Massachusetts under Melanie’s Law avoided.

NH DWI Charge Dismissed

April, 2015

Massachusetts Driver pulled over by New Hampshire police. Driver tells police he’s had a few beers and is driving to his girlfriend’s house. Police note odor of alcohol, slightly slurred speech and glassy/bloodshot eyes. Driver is arrested following standard field sobriety tests and refuses post arrest breath test. Six (6) month Administrative License Suspension (ALS) for breath test refusal is dismissed when officer fails to appear for administrative hearing. Reciprocal revocation of Massachusetts license avoided. Defense uses expected trial evidence, including client’s pre-existing medical conditions to negotiate dismissal of DWI Charge. Disposition avoids possibility of a Drunk Driving conviction which would have lifetime effect in Massachusetts under Melanie’s law.

Not Guilty verdict MA OUI Charge

April, 2015

Driver stopped by police for marked lanes violation. Admits to drinking a couple of beers with employees following work. Arresting officer notes the driver is speaking unclearly and asks him to exit to complete field sobriety tests. Under cross examination officer admits he never detected any odor of alcohol emitting from driver and he further displays a lack of knowledge and experience with the standardized field sobriety test criteria. Officer admits based on inventory sheet that chewing tobacco was found during search of car before tow. Officer does not remember driver asking if he could remove “chew” while answering questions at roadside. Booking video, although typically used by this department, is not produced in this case. Not guilty verdict following trial.

NH Aggravated DWI Charge Dismissed

April, 2015

Driver stopped by police following citizen cell phone report of an erratic operator. Police note driver’s red/glassy eyes and slurred speech. Driver admits to consuming some vodka. Arrest follows standard field sobriety testing. Post-arrest breath test .21 BrAC. Aggravated and DWI charges dismissed at trial due to missing State’s witness.

NH Aggravated DWI Charge Dismissed

April, 2015

Police find driver asleep/passed out behind wheel of car partially pulled off side of road with engine running. Police note obvious signs of intoxication but man behind wheel insists he was not driving, but was left in his car by man trying to give him a ride home. Good Samaritan left him in car when he couldn’t give directions to his house. Post-arrest breath test .17 BrAC. Aggravated and DWI charges dismissed prior to trial

Not Guilty Verdict NH DWI Charge

April, 2015

Driver stopped while riding motorcycle with friends at Bike Week for alleged speeding violation. Driver admits to drinking just 2 beers and of being exhausted, but otherwise not impaired. Arrest follows field sobriety test and post-arrest breath test results are .15 BrAC. Defense presents evidence of defendant’s re-flux/heartburn condition and expert witness to explain how such a condition could artificially inflate the breath test results. Not Guilty Verdict following trial.

Not Guilty Verdict NH BWI (Boating) Charge

April, 2015

Vessel operator runs aground near his home at night returning from dropping off friends. Responding Marine Patrol investigate crash and arrest operator following his admission that he drank earlier in the day. Some signs of alcohol impairment are present, but operator obviously injured in crash that caused heavy damage to cockpit of vessel. Defense presents evidence of facial/head injury and expert medical witness to explain the presenting symptoms of concussion, which are nearly impossible to distinguish from intoxication. Not Guilty Verdict on BWI charge following trial.

NH DWI Drugs Charge Dismissed

May, 2015

Police approach area of motor vehicle stop where Officer from neighboring cross-state border town has stopped driver. Driver allegedly involved in hit and run accident in Massachusetts town. NH officer notes driver’s glassy/red eyes and pin point pupils. Driver allows her car to roll backwards in the Massachusetts patrol car while the Officers confer. Unused syringes found in car, but driver refuses all field and chemical testing. DWI Drugs Charge dismissed prior to trial.

NH Administrative License Suspension (ALS) Vacated

June, 2015

MA Driver facing mandatory six (6) month Administrative Suspension based on post arrest breath result of .12 BrAC. State fails to prove valid test conducted due to missing evidence at Administrative License Suspension hearing. ALS vacated.

NH DWI Charge Dismissed

June, 2015

MA Driver stopped by NH Police for illegal U-turn. Police note driver’s red/glassy eyes, slurred speech and unsteadiness. Driver admits to being lost and having drank one (1) beer prior. Driver is arrested following field sobriety testing, although he tells police about medical conditions and medications that he takes. DWI Charge dismissed before trial. Lifetime Lookback penalties through MA RMV and application of Melanie’s Law avoided.

NH DWI Charge Dismissed

June, 2015

Police stop driver at 1:00 a.m. for marked lanes and failure to signal violation. Driver appears with slurred speech, glassy/bloodshot eyes and odor of alcohol. He admits to two drinks. During field sobriety testing the driver becomes argumentative and the testing is stopped by police and he is arrested. Booking taped shows driver argumentative but not belligerent. Police deem his repeated questions about breath testing to be a refusal. DWI Charge Dismissed prior to trial.

NH DWI Charge Dismissed

June, 2015

MA Driver, age 18, stopped by police for speeding 85/55 MPH zone. Upon approach to vehicle Police Officer smells an odor of marijuana emanating from the vehicle. During subsequent roadside investigation driver is arrested for possession and transportation of drugs. At booking a second officer determines that he smells an odor of alcohol coming from driver, but first officer made no observations of impairment and/or consumption of alcohol. Driver submits to field sobriety tests and breath test at booking with reported .12 BrAC. Defense prepared to argue police lacked grounds to request field sobriety tests and breath test. DWI Charge dismissed prior to trial.

MA OUI Conviction Vacated

June, 2015

MA driver with prior history of OUI convictions arrested for OUI 3rd Offense felony offense in 2014. Defense files Motion to Vacate prior 2007 OUI 2nd conviction based on an invalid plea colloquy conducted by presiding Judge at time of plea and sentencing. Motion to Vacate granted, 2007 prior conviction vacated and ultimately dismissed.

Not Guilty Verdict MA OUI

June, 2015

Police responding to report of erratic operator scour neighborhood looking for certain vehicle near home of registered owner. Short time later vehicle is stopped for speeding violation. Driver admits to drinking and participates in field sobriety testing. Arrest follows Preliminary Breath Test result .295. PBT not admissible as evidence at trial. Booking video depicts driver having apparent anxiety attack. Defense focuses on driver’s emotional/mental well-being versus intoxication. Not guilty verdict following trial. Lifetime Lookback impacts under Melanie’s Law avoided.

NH DWI Charge Dismissed

July, 2015

MA Driver stopped by NH Police for speeding 35 MPH in downtown area 25 MPH zone. Police Officer notes heavy odor of alcohol coming from driver as she speaks and extremely glassy/red eyes. Driver arrested following field sobriety testing. Certified Breath Test Operator brought in to Station to conduct 20 minute observation period and breath test. Officer notes that driver burped during observation period, but she “didn’t bring anything up from her stomach.” Test results .12 BrAC. Same “burp” issue already resulted in Administrative License Suspension (ALS) being vacated at NH DMV Hearing. Defense prepared to argue Motion to Exclude Breath Test Evidence at trial. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2015

Police respond to scene of single car accident and find small sports car smashed against rock wall with 2 men covered in dirt and debris walking around vehicle. One man admits to being driver and he is bleeding from head which is consistent with blood stains on driver’s side interior of car. While driver is tended to by EMT/medics passenger states they each had one scorpion bowl and a beer. After refusing further medical treatment or transport to hospital driver refuses all field sobriety testing telling officer to “f— off!” Up to this point driver exhibited odor of alcohol as he spoke and rude behavior. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

August, 2015

NH Police stop MA Driver for speeding 75 MPH in 55 MPH zone. Driver appears nervous and admits to drinking “three beers” at a concert that just finished. Police note an odor of alcohol coming from driver as he stands outside for field sobriety testing. Driver refuses PBT and post arrest breath test, but insists he is “fine to drive” to get home to his wife and kids. DWI Charge dismissed prior to trial. Lifetime Lookback impact under Melanie’s Law avoided.

NH DWI Charge Dismissed

September, 2015

Police stop motorcycle for defective taillight. Police note an odor of alcohol coming from driver as he answers questions. When asked if he’d been drinking Driver responds, “yes, a couple gin & tonics, a few beers.” No other indicators of impairment are present during initial conversation. Driver is arrested following standard field sobriety tests. Defense ready to present evidence of driver’s medical history, including orthopedic surgeries. DWI charge dismissed prior to 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