MA Driver stopped by police after stopping in road, backing up, and pulling into apartment complex parking lot.  Police note odor of alcohol, slurred speech and admission to drinking.  Driver is arrested following field sobriety tests.  Defense prepared to argue Motion to Suppress arguing stop was not based on actual moving violation and also Motion to Exclude Breath Test Evidence because police misstated the law as to actual correct administrative penalties of test over legal limit.  DWI charge dismissed prior to trial.