NH DWI Charge Dismissed

Police stop driver for marked lanes violation and speeding. Officer notes odor of alcohol, slurred speech and glassy/bloodshot eyes. Following exit order driver refuses field sobriety tests and officer places him in handcuffs for arrest. Officer asks driver one more time to participate in field sobriety tests. Driver relents, is taken out of cuffs and then proceeds to fail all three (3) field sobriety tests. Post arrest breath test is .15. Defense moves to exclude all evidence of field sobriety testing because they were done “post arrest” without the required implied consent warnings. Defense also set to argue breath test is also excludable because it followed from arrest lacking probable cause. DWI charge dismissed prior to trial and Administrative License Suspension (ALS) vacated.

29 years of Proven Results.

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