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Civilian driver reports to local police dispatcher that she is being "followed extremely closely" by and out of state vehicle. Driver follows suspect car into business parking lot and obtains license plate and description of driver. Civilian witness flags down officer and tells cop where to find suspect car. Officer sees vehicle in lot and watches it roll slowly to a stop twice and then signals car to stop. Client arrested following field sobriety tests and refuses breath test. Defense prepared to argue stop of vehicle was illegal based on vague nature of civilian report. DWI Charge Dismissed before trial. |
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Client leaves bar at 1:50 a.m. and is stopped for operating without headlights. Officer detects a strong odor of alcohol and observes client's eyes to be red, glassy and bloodshot. When questioned, client admits to have "a couple" beers. After exiting the vehicle, client appears unsteady on his feet and then proceeds to fail three field sobriety tests. Client submits to a breathalyzer test indicating a .17 BAC. Defense excludes breathalyzer results and argues that client's performance on the field sobriety tests was caused by nerves and a pre-existing hip injury. Not guilty verdict following trial. |
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Client stopped by police for speeding and marked lanes violations. First officer detects odor of alcohol on driver's breath. Officer conducts only one field sobriety test before being called away from scene to supervise another incident. Client refuses to participate in any further testing with second officer. Arrest for DWI follows and client refuses breath test. Defense utilizes booking video to establish client's sobriety and evidence of medical conditions for reason why field sobriety tests were refused. DWI charge dismissed before trial.
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Police respond to a three car accident on the highway shortly before 1:00 a.m. Witnesses indicate that client was traveling between 100-120 m.p.h. before striking the guardrail
After client exits his car, it is demolished by an on-coming tractor trailer. Police note client appears confused and unsteady on his feet, and detect a strong odor of alcohol coming from his person. Client allegedly fails three field sobriety tests and is arrested. Client admits to having five beers in the night. Defense argues that client's difficulty with field sobriety tests is caused by shock of accident and that witnesses are unable to provide direct evidence that client was the operator of the vehicle. Not Guilty verdict following trial.
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Police stop client because his vehicle and plate match a description of vehicle reported to have left the scene of minor single car property damage accident. Client refuses to produce license and registration and refuses to exit vehicle. Police detect odor of alcohol and slurred speech. Client arrested for DWI and Disobeying a Police Officer. DWI charge dismissed prior to trial for lack of evidence.
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Officer directing traffic observes client skidding to a stop, narrowly avoiding the vehicle stopped in front of her. Officer signals client to stop and then approaches the vehicle at which time he observes a Smirnoff Ice between the client's legs. Client has difficulty producing her license and then admits to drinking three malt beverages. Upon exiting the car, she appears confused and unsteady on her feet. Client proceeds to fail four field sobriety tests, including the Alphabet test. Defense attributes the alleged strong odor of alcohol to her recent consumption of the beverage found in the car and then argues that the field sobriety tests are not reliable indicators of impairment. Not Guilty Verdict following trial.
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Officer observes client in opposite lane weaving back and forth between the dividing line and the breakdown lane. As the officer approaches the vehicle he observes vomit on the outside of the driver's side door and client admits to having just gotten sick. Officer detects the odor of alcohol and observes client's eyes to be glassy and bloodshot. Client proceeds to fail three field sobriety tests and then submits to a breathalyzer test indicating a .10 BAC. A subsequent search of the car reveals a cooler full of beer and a small amount of marijuana. DWI complaint dismissed prior to trial.
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Police respond to scene of highway rollover accident. Crash re-constructionist for State opines that client's vehicle was traveling 106 m.p.h. at time it left road surface and traveled nearly 300 ft. Aggravated DWI charge brought due to speed in excess of 30 m.p.h. in combination with DWI. Mandatory jail sentence and 18 month loss of license applicable to Aggravated charge. Defense challenges accuracy of data for accident re-constructionist's analysis of vehicle speed. Not guilty verdict following trial.
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Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver's side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.
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Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver's side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.
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Client stopped by police for crossing center line and allegedly nearly hitting police cruiser head-on. Client admits to "few" beers but is actually designated driver for his passenger who is highly intoxicated. Police allege client fails many field sobriety tests, make arrest for DWI and client refuses breath test. Defense prepared to challenge validity of physical tests due to client's exhausted condition following 14 hour day laying tile day of arrest. DWI charge dismissed prior to trial.
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Police dispatched to area of a motorcycle accident. Upon arrival, witnesses indicate the operator of the bike is now a passenger in motor vehicle leaving scene. Police catch up and stop the car finding the client sitting in the passenger seat with obvious injuries. After admitting to operating the motorcycle, client is arrested and transported to hospital. Hospital blood test reveals presence of alcohol and various narcotics. Defense prepared to exclude blood test results based upon a lack of proper foundation. DWI charge dismissed prior to trial.
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Police stop client for speeding and marked lanes violation. Client admits that he split pitcher of beer with his passenger prior earlier in the evening. Police detect obvious odor of alcohol and client’s unsteadiness as he exits vehicle. Client refuses to participate in field sobriety testing and is subsequently arrested for DWI. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.
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Police stop client for stop sign and marked lanes violation. Client admits to drinking earlier in the evening but refuses to participate in any field sobriety tests. Police allege client is verbally combative throughout booking process and smells of alcohol with slurred speech. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.
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Police respond to tow company’s call of vehicle off roadway during heavy rain storm. Police arrive some time later and interview client at scene where he admits to being driver of vehicle that went off roadway after hitting large puddle. Police cannot find puddle in roadway and ultimately arrest client for DWI after he allegedly fails field sobriety tests. Government cannot establish beyond reasonable doubt that client was driver of vehicle at time of accident as there is no other corroborative evidence linking him to the vehicle. DWI charge dismissed prior to trial.
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Client is stopped by police for marked lanes violations. Police allege client performs poorly on field sobriety tests. Defense is able to exclude reference at trial to one field sobriety test based on foundational requirements and excludes evidence of .24 BrAC breath test results. Not guilty verdict following trial.
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Police stop client for speeding on motorcycle. Client admits to having three drinks and performs reasonably well on standard field sobriety tests. Officer notes client’s complete cooperation and extremely polite and respectful demeanor throughout arrest process. Defense prepared to argue that operation of motorcycle vehicle and defendant’s demeanor and behavior inconsistent with intoxication. DWI charge dismissed prior to trial.
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Police respond to local tavern for report of underage person trying to enter establishment with fake ID. Client is stopped in parking lot to allow police to speak to his passenger about alleged fake ID. Client admits to drinking and is subjected to several non-standard field sobriety tests which the police allege he failed. Defense files Motion in LImine to exclude evidence of client’s performance on all field sobriety tests not recognized by National Highway Traffic Safety Administration and NH Police Training and Standards. DWI charge dismissed prior to trial.
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Client stopped by police for traveling on main downtown avenue without headlights activated. Client admits to having “a few” beers” at local tavern and submits to field sobriety tests which police allege he fails. Defense prepared to challenge officer’s opinion of client’s performance on field sobriety tests with medical records establishing recent total hip replacement and knee injury. Booking video is inconclusive establishing client’s impairment. DWI charge dismissed prior to trial.
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Client stopped for speeding. Arresting officer alleges that client displayed slurred speech, strong odor of alcohol, glassy, red eyes and had extreme difficulty with all field sobriety tests. Officer testifies that client fell into car exiting vehicle and stumbled throughout field sobriety testing. Defense cross exam focuses on credibility of police officer’s testimony and offers civilian witness that picked up client following arrest to rebut officer’s opinion that client was impaired by alcohol. Not guilty verdict following trial.
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Client arrested for DWI with post arrest breath test results of .12 BrAC. Defense requests administrative hearing to challenge two (2) year administrative suspension for subsequent DWI. Defense establishes that government cannot prove valid twenty (20) minute observation period was completed prior to breath test being administered. Two year ALS dismissed.
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Client arrested driving to hotel from wedding. Post arrest breath test results are .12 BrAC triggering mandatory 180 day administrative license suspension. Defense requests administrative hearing and specifically requests attendance of breath test machine operator. Government only produces arresting officer at hearing to testify without calling breath test machine operator. Defense Motion to Dismiss Administrative Suspension allowed.
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Police respond to noise complaint and find client seated in passenger seat of vehicle in front of his girlfriend’s house. Client admits to being drunk but denies operating the vehicle on blown tire and rim which leaves gauge marks in street leading to spot where vehicle found at rest. Post arrest breath test .15 BrAC. Government cannot establish beyond reasonable doubt if or when client last operated vehicle. Not guilty verdict following trial.
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Client stopped by police for operating vehicle with headlight out. Officer detects odor of alcohol and asks client to submit to battery of standard field sobriety tests. Client weighs in excess of 350 lbs. Defense prepared to challenge validity of field sobriety tests based on client’s weight and other physical limitations. DWI charge dismissed prior to trial.
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Client stopped by police for speeding. Upon admission of drinking client is asked to submit to field sobriety tests and is arrested and charged with DWI. Post arrest breath test discloses .11 BAC. Defense tests captured samples of breath through independent laboratory which results in non-corroborative finding with .04 variation. Independent laboratory confirms that historically samples submitted for testing from this department’s Intoxilyzer machine were non-corroborative 11 out of 20 times. State replaces Intoxilyzer machine. DWI charge dismissed.
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Police respond to scene of one-car accident on highway and find abandoned vehicle. Client is found some time later on property abutting highway. Incriminating statements made by client to police are suppressed for lack of Miranda warning while in custody and the search of his person disclosing keys to vehicle deemed illegal search. OUI, Leaving the Scene, Operation of Unregistered Vehicle and Operation After Suspension charges dismissed for lack of evidence.
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Client appears in Court and pleads guilty to DWI charge days after being discharged from psychiatric hospital. Transcript of plea hearing discloses normal plea colloquy, however, defense is able to show by clear and convincing evidence through expert testimony that client was incompetent at time of plea due to medications and mental health and medical issues. Motion to Vacate plea allowed, conviction set aside, new trial ordered.
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Police respond to scene of accident where witnesses report pick-up truck left roadway and demolished fence then fled scene. Truck’s license plate found in debris on roadway and is traced giving exact make and model of truck. 45 minutes later police receive report of suspicious vehicle parked on roadway. Responding officers find truck with matching rear plate parked with engine running and driver asleep behind wheel. Police approach driver’s side of truck, wake client and pull him from vehicle at gun-point, at which time he is immediately handcuffed. Search of truck discloses open 30 pack of beer and prescription drugs. Defense challenges legality of arrest and display of deadly force during routine traffic investigation. Motion allowed, all charges including DWI dismissed.
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Police stop Client for traveling 25 m.p.h. on highway. Defense introduces evidence of mechanical failure in vehicle to explain abnormally low speed. Evidence of .19 BAC breath test excluded by defense due to contamination of breath sample by mouth alcohol and lack of mandatory 15 minute waiting period before re-testing commenced. Defense challenges officer’s observations of red/glassy eyes, slurred speech and poor performance on field sobriety tests. Not guilty verdict following trial.
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Client stopped by police for defective headlight and center line violation. Officer alleges client failed three (3) standard field sobriety tests. Post arrest intoxilyzer breath test is .07 BAC. Defense Motion to Dismiss allowed. DWI Charge Dismissed.
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Client stopped for speeding. Police Officer alleges client presented with red, glassy eyes, slurred speech and slack jawed open mouthed facial expression. Defense prepared to present evidence that .16 BAC breath test was inaccurately high due to diagnosed G.E.R.D. condition. Field sobriety tests conducted in highway breakdown lane on sloping grade. DWI and Aggravated DWI charges dismissed.
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Client stopped by police for failing to signal turn exiting traffic rotary. Arresting officer alleges client fails two standard field sobriety tests. Testimony regarding failed Horizontal Gaze Nystagmus (HGN) test excluded for lack of proper foundation. Evidence of .16 BAC blood test excluded as government fails to produce actual gas chromatograph test results, relying only upon transcription of test results recorded by lab technician. Not guilty verdict following trial.
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Client stopped for speeding during evening rush hour traffic. Arresting officer notes client performs some field sobriety tests “satisfactorily” and fails others. Client is chewing ginger root for upset stomach at time of arrest following spicy meal. Defense presents medical records and expert testimony to explain that two (2) weeks prior to arrest client is hospitalized for chest pain, later diagnosed as gastro-esophogeal reflux disorder. Defense argues that .21 BAC intoxilyzer test result is inaccurate due to contamination by stomach alcohol from G.E.R.D. condition. Not guilty verdict following trial.
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Client stopped by police for driving wrong way on one-way street. Police officer alleges client failed alphabet test twice by stating: “A,B,C.D,E.F,G, blah, blah, blah” each time. Client refuses all other field sobriety tests. Breath test results of .20 BAC excluded due to lack of proof that statutory implied consent rights were properly administered before test. Not guilty verdict following trial.
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Client stopped by police following dinner with girlfriend. Officer notes red glassy eyes and slurred speech along with poor performance on field sobriety tests. Post arrest breath test results are .10 BAC. Defense presents evidence of pre-arrest consumption of alcohol through restaurant receipt and defense expert establishes that client’s actual blood alcohol level was below legal limit at time of driving and breath test result is inaccurately high because test was conducted during “absorptive” phase of alcohol metabolism in client’s body. Not guilt verdict following trial.
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Client stopped by police and charged with Aggravated DWI after blood test results come back at .16 BAC. Defense challenges administrative suspension pending trial. Six (6) month administrative license suspension vacated when state fails to establish proper chain of custody of blood sample including requisite affidavit from medical technician that drew blood sample at hospital.
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Client stopped for speeding driving home from bachelor party. Police allege defendant failed standard field sobriety tests and refused to respond to request for breath test, giving the arresting officer only fifteen minutes of silence. Defense challenges validity of field tests and points out police officer's failure to record any facts in his narrative report that supported client's sobriety. Best Man and friends and family establish defendant's responsible drinking pattern inconsistent with impairment. Not guilty verdict following trial.
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Police receive cell phone call from a motorist reporting client is "all over the road." Officer dispatched where he observes a vehicle matching the description provided by the caller. Client is stopped after taking an "abrupt turn" onto a highway on-ramp. Defense argues that the motor vehicle stop was not based upon a reasonable suspicion of criminal activity as required by the Fourth Amendment in light of "anonymous" cell phone tip. Evidence demonstrates client's operation consistent with lost motorist. Defense Motion to Suppress Allowed, OUI Charge Dismissed.
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Client stopped for failing to use directional at a rural intersection shortly after 1:00 a.m. Arrested after allegedly failing a battery of field sobriety tests. Defense challenges validity of motor vehicle stop where the client's failure to use the directional did not impede the operation of any other vehicle. Evidence further shows that, prior to the stop, client was observed by police driving a considerable distance without incident. Defense Motion to Suppress Allowed, OUI Charge Dismissed.
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Client stopped by police officer working traffic detail outside local bank on Saturday morning. Passing motorist informed officer that she saw client drinking from bottle in truck while waiting in line of traffic. Officer alleges client displayed red-bloodshot eyes and odor of alcohol and failed four out of five field sobriety tests. Preliminary breath test instrument reveals .08 BAC at roadside. At trial Defense excludes reference to two of field sobriety tests due to lack or reliability and evidence of preliminary breath test is inadmissible. Not guilty verdict following trial.
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Police stop client’s vehicle after clocking him at 80 m.p.h. on a busy highway and allege that he failed to pull over in a timely manner, straddling the breakdown lane for an unusual amount of time before finally coming to a stop. Police note slurred speech, glazed and red eyes, and a strong odor of alcohol. Officer administers four field sobriety test and then places client under arrest. Subsequent search of the vehicle reveals five empty beer cans under the driver’s seat, including one open container cold to the touch. Defense challenges reliability of field sobriety tests performed on busy highway and that strong odor of alcohol indicates recent consumption, but not any particular level of impairment. Not Guilty verdict following trial.
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Client stopped by police for driving without headlights at 9:00 p.m. Client tells officer that he consumed “three buds and a shot of jajermeister” after work and then drove towards home, stopping on the way at a fast food drive thru where he turned off headlights. Police allege poor performance on field sobriety tests and post arrest breath test of .16 BAC. Defense presents evidence of client’s prior knee injury that affected field sobriety tests and expert witness testimony to establish that .16 BAC was false positive due to client being in the “absorptive phase” and his exposure to industrial adhesive that was possible “interfering” compound with breath test. Not guilty verdict following trial.
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Client stopped by police for alleged erratic operation initially reported by citizen cell-phone witness. Police video records roadside encounter including field sobriety tests. Defense excludes evidence of .291 BAC on preliminary breath test due to police failure to properly advise client of statutory warnings regarding voluntary preliminary breath test at roadside. Defense excludes evidence of .22 BAC intoxilyzer test result due to police failure to maintain strict twenty minute observation period of defendant before test. Evidence of client’s prior Massachusetts court appearance on OUI charge insufficient to prove second or subsequent offense. Not guilty verdict on Aggravated DWI complaint and Subsequent DWI complaint following trial.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Tow truck operator losses 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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Police respond to report of one car accident with property damage. Driver and vehicle have left the scene before police arrive. Neighbors direct police to driveway short distance away where damaged vehicle is parked. Alleged driver is one of several people at the home. Only evidence of operation is a hesitant admission by the defendant that she was the driver. Prosecution lacks evidence to corroborate admission and prove operation beyond reasonable doubt. Defense prevails on Motion for Required Finding of Not Guilty.
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Defense wins Motion to Suppress in 2003 before District Court challenging motor vehicle stop based on anonymous cell phone tip where police do not independently corroborate report of alleged erratic operation. State appeals to NH Supreme Court. Supreme Court decides case by remanding matter back to District Court with benefit of opinion creating “new analytical framework” to test police stops based on anonymous phone tips in DWI cases. Defense wins Motion to Suppress second time under new law created by Supreme Court opinion.
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Driver involved in minor traffic accident after leaving friends house where she watched football but consumed no alcohol. Police allege odor of alcohol and poor performance on field sobriety tests and arrest driver for DWI. Driver refuses to submit to breath test over concerns that her inhaler medication may affect results. Driving privileges suspended for six (6) months. Defense requests hearing on this administrative suspension and appears with witnesses to challenge all aspects of suspension. Arresting Officer fails to appear, suspension vacated, driving privileges restored.
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Driver stopped on outstanding arrest warrant. Police notice odor of freshly burnt marijuana emanating from vehicle and driver and find small amount of drug in door panel pocket. Police allege driver is lethargic with glassy, red, bloodshot eyes. Arresting officers are not “drug recognition experts” certified in drugged driving detection or special validated field testing for this purpose. OUI Drugs charge dismissed due to lack of evidence of erratic operation and lack of expert testimony.
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Driver stopped for speeding and admits to officer that she recently consumed a drink. Exit order and field sobriety tests follow. Driver informs officer that she sustained serious leg fractures requiring multiple surgeries and placement of orthopedic hardware which still impairs her balance and causes substantial pain. Police proceed with field sobriety testing which driver cannot complete. DWI Charge Dismissed in light of subsequently documented medical history and disability.
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Driver takes wrong turn down poorly marked one way street. Police approach head on and stop vehicle. Driver ordered to exit and submit to field sobriety testing when he admits to consuming “a few” beers earlier in the evening. Location is busy roadway on slight grade which may adversely affect outcome of standard tests. Officers do not complete their “most accurate” Horizontal Gaze Nystagmus (HGN) Test. DWI Charge Dismissed.
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Police find abandoned SUV rolled onto its roof at 2:30 a.m. Officer responds to home of registered owner where mother allows officer to enter home to speak to her son. Client appears in boxer shorts and admits to officer that he was driving car but claims he fell asleep at wheel, did not have cell phone to call police and was picked up and driven home by a good Samaritan. Officer continues to question client in his kitchen, conducts field sobriety tests and arrests client in his home for DWI. Defense Motion to Suppress allowed. Officer had no grounds to continue interrogation and detention in home where defendant denied drinking, was responsive and coherent and officer did not detect odor of alcohol, slurred speech or see any unsteadiness or sway. All evidence following initial questioning including field sobriety tests and subsequent .10 Breath test excluded.
DWI Charge Dismissed.
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Police respond to single car accident and find truck plowed into tree. Client found some distance away from vehicle, bleeding from head injury. Officer detects odor of burnt marijuana and client allegedly states that he “fells like someone slipped him a roofie.” Search of truck discloses marijuana pipe with pot residue. Defense prevails on Motion to Suppress excluding contraband found during search of truck. Not guilty verdict at trial on OUI Drugs charge.
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Client is driving a close friend and another acquaintance. Friend is highly intoxicated and opens door of pickup truck without warning, falls to street and suffers life threatening injuries. Due to rural, secluded location client attempts to drive friend to hospital but is stopped by responding police and removed from vehicle at gun-point. After friend is transported to hospital by med flight, client admits to police that he drank “one beer”. Police allege client failed field sobriety tests and charge him with OUI Causing Serious Bodily Injury. Defense obtains directed verdict on Serious Bodily Injury element as there is no evidence that defendant caused victim to fall from truck. Jury returns not guilty verdict on remaining OUI charge.
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Police respond to one car accident and find car flipped over snow bank resting on its roof. Client admits to driving vehicle and consuming three beers at local bar, but can’t recall location or name of bar and appears confused. Defense excludes admissions in Motion to Suppress. Defense contends that client’s demeanor and unsteadiness due to injuries from crash. Client found not guilty following trial.
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Client stopped by police for speeding infraction but no other erratic operation. Police note odor of alcohol, red, glassy eyes, unsteadiness and difficulty with balance and coordination. Admits to consuming “two beers”. Defense introduces client’s medical records to establish long history of degenerative arthritis in back, knees and ankles to explain 51 year old man’s struggles with standard balance coordination field sobriety tests. Friend testifies for defense that she kept only two beers in her house for beef stew broth and these were the only beers consumed by client before he left her house.
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Police respond to one car accident and bystanders identify client as driver of car involved. Client tells police that he is unwilling to submit to field sobriety tests because he “just smoked a joint”. Defense excludes statement from evidence as it was shown not to be the product of a voluntary waiver of his right to remain silent. Charge dismissed for lack of evidence on drug use.
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Driver traveling at high rate of speed loses control and crashes off road where he is knocked unconscious. When client regains consciousness, he begins to struggle with responding police and EMTs, whom allege client is belligerent, combative and smells of alcohol. Client transported to hospital without first submitting to field sobriety or breath tests. Charge dismissed where evidence leads to equally reasonable inferences that client’s demeanor and actions were caused by serious head injury as opposed to alcohol consumption.
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Client’s vehicle stopped by police for BOLO (be on lookout for) following alleged fight at outdoor gathering. Client admits he witnessed fight where he was pepper sprayed and had a few beers earlier. Following field sobriety tests client is arrested and charged with DWI. Defense prepared to exclude both preliminary and standard breath test evidence at trial. DWI charged dismissed prior to trial.
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Client stopped by police for alleged marked lanes violations. Driver admits to drinking some hours earlier and she has difficulty with parts of field sobriety testing and does well on others. Breath test refused following DWI arrest. Defense negotiates dismissal of both Adminstrative License Loss (ALS) for breath test refusal and DWI charge prior to trial.
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Client stopped by police for minor traffic violation. Driver admits to only two beers over course of evening. Video evidence utlized by defense to demonstrate client’s sobriety and rebut allegation of impairment. DWI charge and ALS dismissed prior to trial.
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Client charged in NH with DWI. Defense negotiates dismissal of DWI charge. Adminstrative suspension in NH for breath test refusal is two (2) years based on prior 1993 Mass OUI conviction. Defense successfully vacates 1993 MA OUI convictiong reducing NH administrative suspension from two (2) years to 180 days.
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Client stopped for broken license plate light and failure to completely stop and signal turn. Police note an odor of alcohol, glassy eyes and slow deliberate movements and speech. Defense wins pre-trial motion to suppress search of vehicle to exclude open container of beer and thirty-pack. Trial defense focuses on field sobriety tests and their actual relationship to safe driving. Not guilty verdict following trial.
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Client losses control of vehicle after side swiping jersey barrier in highway construction zone. Police respond to report of single car rollover accident and speak to driver and witnesses. Client transported to hospital for medical treatment and routine blood test indicates blood alcohol content over legal limit. Defense continues to request trial dates and plans to exclude blood test on evidentiary grounds. Charge dismissed when government is unable to produce witnesses to operation, arrest and blood testing.
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Client stopped by police while driving home from scene of minor fender bender on highway off ramp. Police allege that driver left scene of accident without giving name, address and registration information to other driver. Defense continues to request trial dates and appears each time ready to try all issues. Charge dismissed when government is unable to produce witnesses to operation and arrest.
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Client stopped by police for speeding. Following initial questioning officer directs driver to step from vehicle to complete field sobriety testing in view of the officer’s cruiser mounted audio/video equipment. Defense requests copy of audio/video evidence as standard pre-trial discovery practice. Copy and original video footage are rendered mostly unusable due to police equipment failure. Defense prepared to argue that video was best evidence of field sobriety tests and likely exculpatory to defendant. Prosecution prepared to try case on other evidence of impairment. Defense negotiates pre-trial dismissal of DWI charge.
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Client stopped by police for running red light. Driver engaged on cell phone in an attempt to find out location of vehicle registration while officers command him to hang up phone and exit vehicle. Police detect odor of alcohol and slurred speech. Verbal argument leads police to forcibly remove driver from vehicle where struggle ensues. Driver charged with OUI, Disorderly Conduct and Possession of Drugs. Drugs excluded prior to trial on defense Motion to Suppress as fruits of illegal search. Not guilty verdict on OUI and Disorderly Conduct following jury trial.
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Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.
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Driver crashes car through construction barriers on re-routed section of highway off ramp in view of police detail. Vehicle is heavily damaged by falling construction sign and air bags deploy. Driver is arrested for OUI without field sobriety testing or an admission of drinking. Defense obtains dismissal of OUI charge on second trial date based on government’s inability to produce a police witness to testify regarding the grounds for the arrest and opinion that the driver was impaired by alcohol
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Police allege client drove while impaired by alcohol in parking lot outside condominium complex causing minor property damage to second vehicle. Following field sobriety testing and arrest police allegedly advise client of his implied consent rights regarding alcohol breath testing. Police seize license and issue temporary 30 day driving permit to be followed by 180 day suspension for client’s alleged refusal of breath test. Defense requests hearing on administrative license suspension (ALS). State fails to timely file “sworn report” setting forth grounds for arrest and alleged chemical test refusal. 180 day suspension vacated.
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Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 1 ¼ hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.
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Client stopped by Marine Patrol for navigational lights violation, subsequently arrested for BWI and fails breath test. Defense Motion to Dismiss allowed on trial date when State was not able to proceed with necessary witnesses trained and certified in field sobriety testing to establish probable cause for arrest. Only available witness was a trainee officer not certified in all aspects of BWI investigations and field sobriety tests.
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Client stopped and arrested for DWI, hires counsel and enters not guilty plea requesting trial. Six month administrative suspension due to begin thirty days after arrest based on .13 breath test. Defense requests administrative review hearing challenging validity of breath test results. Defense finds that requisite documents certifying calibration and maintenance of breath test machine and attached simulator device do not match equipment serial numbers on record of breath test. State cannot validate test results pursuant to controlling administrative rules. Six month administrative suspension rescinded.
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Police find client standing near scene of one car accident. Officer determines client was driver of vehicle and was operating while intoxicated but decides to place her in “protective custody” while he investigates vehicle’s involvement in earlier accident. Client released from police station with out being charged, booked or issued a citation putting her on notice of OUI charge. Defense Motion to Dismiss OUI charged allowed for police failure to issue citation at time and place of offense.
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Police officer watches client enter passenger door of pick up truck and then run around to driver’s side to enter and start truck. Truck leaves store parking lot “expiditiously” but then pulls into 7-Eleven parking lot in an “evasive” manner. Officer waits to pull truck over in traffic to determine identity of driver and registered owner information. Driver charged with DWI following stop. Defense Motion to Suppress allowed, officer lacked reasonable specific facts support stop for criminal activity. DWI complaint dismissed.
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Client stopped for speeding. Officer notes strong odor from car and finds a half-empty can of beer hidden in the console. Officer testifies client failed three standard field sobriety tests. Defense focuses on reliability of tests using scene photos to cross examine the arresting officer. Client testifies to consuming 3-4 beers while playing pool after a 12-hour work day. Not guilty verdict following trial.
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Police officer observes client swaying and staggering on sidewalk in vicinity of local bar at 1:00 a.m. Weather is cold with ice and snow on ground. Officer decides to circle block to pick up client and drive him home. Officer sees client behind wheel of truck exiting parking garage but continues by and allows truck to exit. Officer runs registration plate through cruiser on board computer to confirm ownership as truck continues on with no erratic operation or equipment violations. Subsequent stop of vehicle deemed illegal when observations only gave rise to mere suspicion or hunch that driver was impaired by alcohol. Pre-trial Motion to Suppress allowed.
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Police respond to single car accident with telephone pole. Driver admits to “losing control” of car. Officer detects odor of alcohol from driver and administers field sobriety tests which in his opinion driver fails. Defense challenges validity of test results given poor lighting and wet snowy conditions at scene. Defense offers breath test results of .06 BAC to contradict officer’s opinion that driver was impaired by alcohol at time of accident. Not guilty verdict at trial.
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Client stopped by police for alleged marked lanes violations and speeding. Officer testifies that client failed five field sobriety tests. Cross exam establishes that client actually passed three of the standard tests and the remaining two tests are not validated tests for detection of impairment by alcohol. Defense excludes breath test result of .12 BAC due to lack of valid implied consent procedure. Not guilty verdict at trial.
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Police respond to report of minor fender bender in apartment complex parking lot. Client found outside running vehicle and admits to being “too drunk to drive.” Civilian witness testifies that he observed client driving only in parking lot. Client arrested and submits to breath test result of .23 BAC. Defense argues lack of evidence presented to support finding beyond reasonable doubt that client operated on a “public way” as required by drunk driving law. Not guilty verdict at trial.
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Police stop vehicle for erratic operation and officer suspects that driver and passenger switched seats before stop. Officer admits there was some confusion at the scene as to which person was actually driving and that his vantage point did not allow him to see if a switch occurred. Police select client as driver and arrest him for OUI following standard field sobriety tests. Breath test results are .33 BAC. Defense presents alleged passenger at trial to admit she was the actual driver and her therapist backs up her testimony, confirming woman sought treatment for stress caused by her failure to admit the truth at the scene.
Not guilty verdict following jury trial.
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Client stopped for speeding. Officer detects odor of fresh burnt marijuana, blood shot eyes and odor of alcohol. Client admits to smoking half a joint just prior to stop but completes field sobriety tests without difficulty. Defense cross exam establishes standard field sobriety tests are not validated for detection of impairment by marijuana. Blood test is negative for alcohol but positive for marijuana. State’s expert witness admits that positive blood tests for THC only establish “window of use” and do not establish impairment which can vary significantly among individual marijuana users. Not guilty verdict following trial.
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Client stopped for speeding. Officer detects odor of fresh burnt marijuana, blood shot eyes and odor of alcohol. Client admits to smoking half a joint just prior to stop but completes field sobriety tests without difficulty. Defense cross exam establishes standard field sobriety tests are not validated for detection of impairment by marijuana. Blood test is negative for alcohol but positive for marijuana. State’s expert witness admits that positive blood tests for THC only establish “window of use” and do not establish impairment which can vary significantly among individual marijuana users. Not guilty verdict following trial.
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Client stopped by police for broken taillight, speed and marked lanes violation. Driver admits to one (1) mixed drink and submits to three standard field sobriety tests. Defense argues client passed the Horizontal Gaze Nystagmus (HGN) Test, a test routinely relied upon by the State as the "most accurate and reliable test." Defense Motion to Dismiss allowed on DWI complaint.
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Client stopped for expired registration sticker. Officer notes driver has red, bloodshot, glassy eyes, difficulty retrieving license and some confusion answering questions. Search of vehicle turns up drug paraphernalia. Driver allegedly admits to smoking marijuana shortly before being stopped. Defense cross examination focuses on driver's successful performance on two of the field sobriety tests. Defense challenges arresting officer's expertise to form opinion regarding effects of recently smoke marijuana on driver. Not guilty verdict following trial.
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Police observe client speeding on wet, slick road and then lose control going off road into trees. Police Officer notes odor of alcohol coming from driver before he is cut lose from car by Fire/EMT(s) and transported to hospital for treatment. No field sobriety tests, hospital lab blood test inadmissible, state’s blood tests are inconclusive as to whether driver’s blood alcohol content was above or below legal limit at time of accident. Defense Motion to Dismiss for lack of evidence allowed as to Aggravated DWI and regular DWI charges.
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Client arrested for OUI offense after allegedly leaving the scene of minor traffic accident. Client is found several blocks from abandoned vehicle allegedly involved in minor accident. Charge is dismissed for lack of necessary evidence to establish identity of driver at time of accident.
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Client stopped by police in early morning for driving without headlights. Officer notes odor of alcohol, slow speech and movements and red glassy eyes. Client arrested following field sobriety tests. Defense photos show area is well lit business district. Cross exam focuses on lack of erratic operation and client’s ability to pass much of the field sobriety tests. Not guilty verdict following jury trial.
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Police respond to client’s home to investigate single car accident with tree at 11:00 a.m. 100 yards from his house. Police find client unsteady, confused, disoriented and note odor of alcohol and slurred hesitant speech. Client admits to drinking a few beers the night before and is arrested for OUI and Leaving the Scene of an Accident following field sobriety tests. Defense uses medical records, photos and witness testimony to establish client injured by cracking windshield with head and fell asleep at wheel after exhausting work week. Not guilty verdict on both charges following jury trial.
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Motorcycle driver stopped by police for driving wrong way on one-way street. Driver admits to drinking only two beers. Officer concludes driver failed standard field sobriety tests but does note in his report driver’s prior “leg injuries”. Defense presents medical records related to these serious injuries as they tend to invalidate field sobriety tests. DWI charge dismissed.
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Police respond to report of hit and run property damage accident. Client subsequently arrested in his home by investigating police officers. Defense challenges validity of entry into home and arrest without a warrant. Prosecution cannot show that police obtained consent of residents prior to entering home Motion to Suppress allowed, charges dismissed.
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Client stopped for stop sign violation. Officer notes odor of alcohol and slurred speech. Client unable to submit to standard field sobriety tests due to disabling injuries to his joints and legs. Not guilty verdict following trial.
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Marine Patrol stop for navigational light violation. Client passes routine safety check for eqiupment by patrolman then admits to “only two beers, because I’m the designated driver.” Officer detects no odor of alcohol, slurred speech or red/glassy eyes. Defense Motion to Suppress is allowed. Further detention to investigate possible BWI offense is illegal without additional evidence to support hunch by Officer that boat operator is impaired by alcohol. Charge dismissed.
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Marine Patrol stop for navigational light violation. Officer notes odor of alcohol, slurred speech and unsteadiness. Client arrested and charged with Boating While Intoxicated (DWI penalty with same loss of driver’s license). Defense Motion to Dismiss allowed as state did not identify client as person listed in complaint.
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Client stopped by police for speeding and arrested for DWI following standard field sobriety tests. Subsequent breath test results are .19 and .17 BAC. Prosecution charges Aggravated DWI for BAC result over .16 (mandatory penalty includes 1 year loss of license). Defense focuses on accuracy of breath test results in light of machine operator’s deviation from standard procedures for test. Client found not guilty on Aggravated DWI complaint following trial and avoids enhanced penalties.
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Driver stopped for marked lanes violation. Police smell odor of alcohol and arrest client for Operating Under Influence following field sobriety tests. Second officer on scene conducts search of interior of vehicle after client placed in custody and finds various items including a marijuana pipe, hand rolled joint and a bag of marijuana. Court holds search of vehicle is illegal and items found are suppressed as evidence. Defense successfully argues that prosecution did not meet burden of showing search was conducted pursuant to an established and written police department policy regarding searching and securing vehicles to be towed. OUI charge to proceed to trial.
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Defense wins Motion to Suppress warrantless stop, detention, search and arrest. Police stop vehicle for loud muffler. After receiving license and registration Officer alleges he detects odor of burnt marijuana emanating from vehicle. Officer orders driver to step from vehicle to submit to pat down frisk for weapons although officer admits on cross exam that he saw no evidence of weapons or suspicious movements and detected no odor of marijuana on the driver’s person. Officer next orders back seat passenger from vehicle, conducts pat down frisk and feels hard cylindrical object. Fearing object is a weapon, the officer removes object and finds it to be a bowl for smoking marijuana with residue. Again officer admits no odor of marijuana on any of the three occupants. Subsequent search of car discloses marijuana in client’s purse. Court holds search of car based on illegal pat down search Officer had no legitimate safety concerns given lack of suspicious movements, daytime hour, suburban downtown location of stop.
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Not guilty verdict following jury trial. Police activate blue lights and stop client .9 miles from where officer first observed marked lane violation. Client drives wrong way down marked one way street. Officer conducts standard field sobriety tests and alleges client fails tests while being unsteady on his feet, stumbling and falling down. During cross exam officer admits that client was barefoot during tests on darkened, slopped roadway and necessary procedures for tests were not followed. Further admits that client’s fall and stumble were actually limited to client reaching out with hands to regain balance.
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Not guilty verdict following jury trial. Client stopped on highway for alleged erratic operation when officer follows his car from secondary road onto interstate. Officer admits on cross exam that client passed one standard field sobriety test and the second test’s effectiveness is limited as to detection of impaired drivers. Officer admits that “Erratic Operation” on highway was speeding and tailgating tractor trailer in slow lane before executing safe passing manuever.
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Not guilty verdict following jury trial. Client found at scene of one car accident at 4:00 a.m. with car on snow bank into telephone pole. Admits to responding officer that she consumed champagne earlier in night. Arrest follows battery of field sobriety tests. Officer admits on cross exam that the results of field sobriety tests not necessarily valid for client based on her weight, high heels and freezing temperatures at scene.
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Client stopped at 2:00 a.m. for executing u-turn and squealing his tires into turn several blocks later. Officer detects odor of alcohol from driver who admits to “two or three beers”. Results of standard field sobriety tests marginal, although officer deems client’s performance a failure of each test, noting slurred speech and unsteadiness on feet. Defense uses booking tape to show client is articulate, steady, polite and cooperative shortly after the arrest. DWI Complaint dismissed.
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Client charged with OUI, second offense, after police officer finds him stopped, asleep at traffic light with hands on wheel and foot on break at 2:30 a.m. Officer admits on cross exam that defendant passed one of two standard field sobriety tests. Defense offers testimony from independent witnesses that defendant was not impaired by alcohol. Defendant testifies that he was extremely tired at the end of a 21 hour day without rest and that four (4) officers present during field sobriety tests interfered and interrupted him during second test. Not guilty verdict.
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Client charged with Possession of Alcohol by Minor based on statute allowing proof of internal possession by intoxication. Trial on all issues. State cannot establish foundation to allow in evidence of portable breath test (PBT). State’s witnesses cannot testify that they observed defendant consume alcoholic beverages at party. No field sobriety tests or other evidence of intoxication. Not guilty verdict following trial.
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Client stopped by Marine Patrol for failure to turn on stearn/bow lights while exiting channel at night. Officer conducts routine safety check and detects “faint” odor of alcohol and “slightly” slurred speech. Client boater asked to board patrol vessel for battery of field sobriety tests. Circumstantial evidence supported finding that nervousness contributed to difficulty with two field sobriety tests while client performed perfectly on third test. Evidence of refusal of breath test excluded by defense. Not guilty finding after trial.
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Police follow motorcycle driver for 1.5 miles after first noticing bike do “smoke show” at end of driveway, finally making stop for clocked speeding. Officer testifies that driver failed two standard field sobriety tests but admits on cross exam that driver passed third standard test. Defense introduces portion of video tape from cruiser showing police following bike on road. Tape shows reasonable and steady operation of the motorcycle. Not guilty verdict following trial.
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Single car accident reported to police by citizen who hears crash outside of house but does not see it occur. While talking to 911 dispatcher witness returns to window and sees young man exiting vehicle on driver’s side. Witness unable to identify client as this person with certainty on day of trial. Police arrive to find two highly intoxicated young men outside of car. Client admits to being driver, but later recants during booking at station. Vehicle owned and registered to the second man present who attempts to leave the scene in damaged car after walking away from investigating police officers. Defense stipulates to intoxication and public way, challenges operation on lack of evidence to identify client as driver or to corroborate his withdrawn admission that he was driver at time of accident. Not guilty verdict following trial.
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Driver stopped by police after helping his friend tow his vehicle from a deep snow bank in a fast food restaurant parking lot. Police had called owner of abandoned vehicle thirty minutes earlier and asked him to remove vehicle from lot. No erratic operation, police allege stop made of both vehicles in parking lot to investigate “suspicious activity” around abandoned vehicle. Exit order, field sobriety tests, admission of drinking, glassy eyes, slurred speech, etc. Motion to Dismiss allowed at trial. Parking lot closed to public after regular business hours and not a “way” for purposes of the drunk driving statute.
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Client stopped for speeding while driving late model corvette on highway. Police officer makes arrest following alleged failed field sobriety tests. Booking video utilized to rebut claim that client was unsteady on feet and slurring speech.
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Client apprehended outside of vehicle in town center at 11:00 a.m. based on citizen report to police that she had entered store asking for paper towels to clean hands following car trouble, smelled of alcohol and was unsteady on feet. No erratic operation as she leaves store and then parks further up street to exit and call AAA. Police report client appears unsteady, odor of alcohol, and difficulty with field sobriety tests. Admits to drinking prior night into morning hours. Denies drinking that day. Breath test results of .15 and .17 BAC one hour after arrest. Trial on all issues including accuracy and reliability of breath test machine in light of maintenance records and lack of necessary laboratory certifications. Police admit client is infirm and not able to take standard field sobriety tests due to obvious physical disabilities. Not guilty verdict.
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Client’s car breaks down and police find him waiting for tow and ride home. Keys in ignition but vehicle inoperable with only hazard lights activiated. Odor of alcohol and admission to “a couple of beers”. Client arrested following field sobriety tests in frigid night temperatures. Breath test one hour after arrest .08 BAC. Trial on all issues including impairment and whether client can be “driving” inoperable vehicle. DWI complaint dismissed following trial.
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Anonymous cell phone caller reports to local police vehicle “all over the road”, giving plate number and brief description of vehicle and location. Police set up observation on same road to intercept vehicle 5-6 miles south of reported location. Police stop client after confirming plate number but the police officer does not observe any erratic or dangerous operation. Defense wins "Motion to Suppress" the stop arguing that police did not corroborate any details of anonymous report of erratic operation and that initial report lacked sufficient detail to be deemed self verifying. DWI charge dismissed.
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Client stopped for speeding and marked lanes violation. Driver admits to officer that he drank 5 or 6 beers. Officer notes an obvious limp when driver steps from vehicle plus odor of alcohol, red and glassy eyes and thick tongued speech. Defense submits medical records to prove limp is caused by recent surgery to remove orthopedic hardware from leg three (3) weeks before arrest. Defense argues driver’s inability to complete field sobriety tests perfectly is due to the injury and defendant’s large size and weight would allow him to consume 5 beers and still drive safely.
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Client arrested following single car roll over accident having informed arresting officer that he lost control of SUV while reaching to pick up cell phone from floor of vehicle. Driver exhibits difficulty completing field tests which require balance and coordination. Admits to five (5) drinks over course of evening. Defense presents medical records from driver’s visit to ER the next day and follow ups with his PCP, indicating inner ear and head injuries from accident, causing nausea, loss of balance, dizziness and nystagmus (eye symptom relied upon by police as evidence of intoxication, also symptom of head injury). Court allows defense motion to dismiss DWI complaint. Driver pleads to lesser offense of negligent driving.
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Client arrested after one car accident on icy rural roadway at 4:40 a.m. Police respond and arrest client for OUI without field sobriety tests. Police determine client is driver based solely on her admissions at scene. Transported to hospital where she submits to police requested blood test, revealing .11 BAC. Jury trial on all issues. Court allows defense Motion for Required finding of not guilty on issue of operation where there is no evidence to corroborate client’s admission to being driver and exclude other person at the scene as actual driver.
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Client arrested and charged with DWI, under 21, following minor collision in restaurant parking lot. Trial on all issues including public way, operation and impairment. Client’s breath test (.11 BAC) excluded as prosecution did not call breathalyzer machine operator as necessary witness and defense did not stipulate to test procedure and results. Booking video utilized to rebut officer’s testimony regarding client’s alleged intoxicated appearance and difficulty with field sobriety tests.
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U.S. District Court, Boston, MA. Client and co-defendant found not guilty following two week jury trial on indictments charging five (5) counts of mail fraud each, 18 U.S.C. section 1341. U.S. Attorney and A.T.F. allege that defendants conspired and schemed to defraud two (2) insurance companies of fire insurance proceeds following arson at restaurant operated and owned by defendants. Defense focuses on jealous husband as possible suspect in arson and status of restaurant at time of fire as small but growing successful venture, lack of financial gain or financial motive by defendants to start fire and pursue insurance money which did not cover actual losses.
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Client arrested for OUI following single car accident. RMV suspends license for 120 days for alleged breath test refusal. Defense presents evidence to RMV at administrative hearing that client’s inability to complete test is due to illness and police operator inexperience with new breath test equipment. Suspension
vacated, license reinstated pending trial.
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Police allege under 21 client almost strikes police officers in cross walk due to inattentive driving. Police arrest driver for open container, transportation of alcohol and Under 21 DWI (minimum mandatory penalty 1 year loss of license). Negotiated plea to new complaint charging reckless operation, with 60 day loss of license, DWI complaint dismissed.
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Police stop 57 year old driver after he passes cruiser parked to block traffic at unrelated accident scene. Driver admits to one beer and one glass of wine. Defense submits driver had some difficulty with standard balance and coordination tests due to pre-existing back and knee problems. Defense utilizes booking video to demonstrate client's sobriety. DWI complaint dismissed.
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Jury trial. Client falls asleep and goes off rural road drivng home in early morning hours. Police, Fire and EMT's respond to scene. Police officer notes glassy eyes, odor of alcohol and client's admission to a "few beers." Defense cross exam focuses on Officer's failure to account for head injury due to air bag deployment and collision when conducting field sobriety tests and fatigue as factor for crash. Court allows defense Motion for Required Finding of Not Guilty.
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Client's truck slides off road and lands in watery ditch during snow storm. Towed from ditch by good Samaritan with farm tractor. Short time later police officer stops client for "Hollywood roll" through stop sign and failure to use turn signal. Officer sees that truck and driver are covered in mud. Officer notes odor of
alcohol, glassy eyes and admission to "two beers." Defense establishes driver's minor problems with sobriety tests are more likely caused by wet clothing and freezing temperature than alcohol consumption.
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Client found not guilty at trial on DWI charge. Client stopped for speeding but no other erratic operation. Odor of alcohol, glassy and blood shot eyes observed by officer. Client admits to having "a few". Field sobriety tests are conducted on roadway with substantial grade. Court not convinced beyond reasonable doubt that driver was impaired by alcohol in light of client's performance on tests and evidence that hill would adversely effect client's ability to perform standard field sobriety tests.
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Defense wins Motion to Suppress. Client is passenger in truck stopped by police for failure to display license plate. During routine stop driver points out to officer temporary plate taped to inside of tinted rear window. Officer detects odor of marijuana coming from truck. Officer runs warrant and license check on driver and passenger then returns to truck. Officer asks driver to step from truck to show him that temporary plate not visible from rear of truck through tinted window. During this discussion outside truck officer observes passenger make an "unusual" movement while still seated in truck. Officer asks passenger to step from vehicle for search and sees marijuana pipe in client's open pocket. Client arrested and charged with possession of drugs. Driver subsequently arrested for DWI Drugs. Court agrees with defense that police illegally prolonged and extended scope of routine motor vehicle stop.
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Defense's Motion to Dismiss DWI complaint allowed by Court. Client charged with DWI following one car accident. Client's car left roadway when she bent over at wheel to retrieve ringing cell phone. Defense argues accident due to inattentive driving and cell phone distraction. Police unable to conduct field sobriety tests or breath test. Client pleads guilty to lesser offense of Negligent Operation with no loss of license.
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Not Guilty verdict following jury trial. During traffic stop client tells police officer he drank seven beers. Defense presents evidence and testimony that consumption took place over several hours and client was not impaired by alcohol at time of stop.
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Defense wins Motion to Suppress utilizing police cruiser video. Court agrees that police officer lacked sufficient facts to stop defendant. Client drove onto double yellow line four times without crossing it on rural winding road. Driver only crossed double yellow line when cruiser’s blue lights were activated.
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Defense wins motion to suppress at trial. Defense argues stop, seizure and arrest of client at sobriety checkpoint roadblock illegal. State cannot prove selection of defendant from flow of traffic followed Court approved roadblock operational plan. Complaint charging DWI 1st Offense dismissed.
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N.H. resident has driving privileges suspended in Massachussetts following plea to OUI , under 21 charge. Months later stopped by N.H. police and charged with Operating After Suspension. Court finds client not guilty at trial. Defense rebuts presumption that client received notice of suspension of his N.H. driver's license from the N.H. Department of Safety.
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Defense wins motion to suppress at trial. Arresting officer stops client
for crossing double yellow line once and straddling lane markers through two (2) intersections over one mile stretch of road. Only clues of intoxication after stop are an odor of alcohol and admission by client of having "one drink". Court agrees that arresting officer did not have sufficient facts to allow traffic stop to continue and request driver to exit car for field sobriety tests.
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Client found not guilty following Superior Court jury trial. Prosecution cannot establish identity of the perpetrator. Defense presents evidence that client was wrongly singled out for prosecution without further investigation of other available suspects. |
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Defense secures not guilty verdict at trial in May 2002 on complaint charging Drving While Intoxicated (drugs). Following first trial State serves new alternative complaint charging transportation of controlled drugs, which carries loss of license penalty. Defense files and prevails on Motion to Dismiss new complaint for violation of Double Jepoardy protection.
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Client is stopped after making two wrong turns on one way streets in front of Police cruiser. After trial, Court takes view of scene to confirm defense argument that location of field sobriety testing is uneven crumbling pavement. Arresting officer forced to admit the client passed "most accurate" of three standard field sobriety tests.
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Defense wins Motion for Required Finding of Not Guilty during jury trial. Prosecution rests but fails to present evidence that the defendent's impairment was due to alcohol consumption despite other evidence of intoxication.
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Client charged with Driving While Intoxicated (marijuana) and Possession of a Controlled Substance. Defense excludes from evidence the client's blood test results and the State lab certification that the "green leafy substance" is marijuana. State forced to dismiss Possession charge and client found not guilty after trial on the DWI charge
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Client charged with violating restraining order held by ex-girl friend when he walks past her place of employment at large shopping Mall twice in two week time period. Client found not guilty after trial. Arresting officer admits that he has no evidence that defendant had prior knowledge that alleged victim had taken job in Mall where he regularly had his hair cut. State can't prove "knowing" violation of restraining order.
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Business partnership dissolves following dispute over money and embezzlement. Client charged with forging and/or misappropriating company funds for personal use in excess of fifty thousand dollars ($50,000). Defense investigation through subpoenaed bank records shows that alleged victims were actually committing theft by check and forgery while the defendant was out of country with his family. Charges against client dismissed by Court.
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Client's .14 Breath test wrong. Defense hires independent laboratory to re-test client's captured breath sample. Independent lab finds client's alcohol level actually .05 at time of arrest, defense presents evidence that police department's breath testing machine defective.
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Client's .14 Breath test excluded as evidence. Defense sucessfully argues that State failed to prove that defendent waived his right to refuse breathalyzer test.
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Defense wins Motion To Suppress. Police stop client for alleged seat belt violation (passenger in bed of truck) and illegally elevated 4x4 suspension.
Defense proves no violation of seat belt law or Registry rules for truck
suspensions. Stop deemed illegal. Charge dismissed.
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Defense wins Motion To Suppress. Police stop client for failure to dim high beams on Route 93 at 4:00 AM when approaching police cruiser parked on shoulder of highway. Court finds stop for alleged violation illegal. Charge dismissed.
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Client riding as passenger in pick up truck stopped by police for alleged "loud muffler" on Route 95 off ramp. Police Officer checks licenses and registration but doesn't issue ticket, instead calls for back up, removes young men from truck and pats them down for weapons. After finding contraband on client, Trooper asks for consent to search vehicle and he finds two (2) ounces of marijuana. Defense wins Motion to Suppress. Court agrees that the prolonged detention at roadside and subsequent searches are illegal as beyond scope of any legitimate stop for issuing ticket.
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