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| | | | Two police cruisers sit parked in breakdown lane with emergency lights activated following conclusion of routine highway traffic stop. Officers standing between cruisers inside fogline. Oncoming vehicle does not move from travel lane to passing lane as it approaches parked cruisers and actually touches upon fogline within inches of cruisers as it passes. Police immediately pull out and stop vehicle based on driver's failure to give wide berth. Stop leads to field sobriety tests, arrest and breath test results of .15 BrAC. Defense Motion to Suppress allowed as no reasonable articulable suspicion exists to stop vehicle. DWI complaints dismissed. |  | | | | | Client stopped for crossing center line at 2:30 a.m. and failing to dim high beams for oncoming police vehicle. Police allege young driver failed standard field sobriety tests and refused breath test. Defense prepared to challenge validity of field tests in light of client's nervousness and fatigue and lack of evidence of impairment during long video taped booking process. DWI charge dismissed prior to trial. | | | | | | Police respond to scene of two car head on collision. Defendant is arrested following field sobriety tests, but is later transported in custody to hospital to address complaints of multiple injuries. Police seize hospital blood draw (.23 BAC) and lab records without defendant's consent. Defense challenges blood seizure as violation of federal medical privacy law. DWI charges dismissed prior to trial. | | | | | | Concerned citizen approaches police and tells them that a "red chevy pick-up with Mass plates is all over the road." Police find vehicle fitting description within one (1) mile of reporting party and stop vehicle. Client's performance on field sobriety tests is video recorded. Defense prepared to challenge validity of stop based on vague description of vehicle and operation and will use video to defendant's benefit at trial. DWI charge dismissed prior to trial. | | | | | | Police find client sleeping in vehicle parked outside closed pharmacy, keys in ignition, engine running. Client is awoken and submits to field sobriety tests when officer detects odor of alcohol. Defense prepared to argue no evidence of operation or intent to operate. DWI charge dismissed prior to trial. | | | | | | Client faces enhanced penalties (mandatory jail time and increased loss of license) for Aggravated DWI charge as result of breath test in excess of .16 (twice legal limit of .08) Defense excludes evidence of .23 breath test when breath test operator testifies that required twenty (20) minute observation period at station preceding breath test began at 7:40 p.m. Arresting officer establishes arrest time in street at 7:45 p.m. making valid twenty (20) minute observation period at station an impossibility. Not guilty verdict on Aggravated DWI charge following trial. | | | | | | Police respond to scene of single car accident with car into snow bank. Client admits to driving, losing control and drinking "two martinis". Police escort driver to area free of snow under storefront overhang for field sobriety testing. Defense uses photos of area to show darkened poorly lit area utilized by police for testing. Police admit on cross exam that they did not consider the defendant's advanced age in determining her ability to perform physical agility tests. Not guilty verdict following trial. | | | | | | Client stopped for speeding. Admits to officer that he drank "2 Labbatts" and "2 Natural Lights". Police testimony on horizontal gaze nystagmus test excluded due to lack of proper foundation that training guidelines followed when administering test. .14 breath test result exlcuded due to machine operator error. Not guilty verdict following trial. | | | | | | Client stopped by police for speeding and marked lane violations. Officer notes driver is smoking cigarette, fiddling with GPS unit and dressed in clown suit, make-up and wearing no shoes behind the wheel. Defense challenges validity of field sobriety tests due to precarious location on highway breakdown lane and client's nervousness, fear and embarrassment. Evidence of .10 breath test excluded due to government's failure to call proper witness. Not guilty verdict following trial. | | | | | | Police follow vehicle with four young people into parking lot of closed supermarket in early morning hours. Client is stopped by police as he exits vehicle at rear of building. Police detect odor of alcohol, slurred speech and glassy/red eyes. Client refuses to participate in field sobriety tests and becomes verbly argumentative with officer resulting in arrest. DWI charge dismissed prior to trial. | | | | | | Client involved in motorcycle accident requiring transport from scene by ambulance. Responding police detect odor of alcohol, slurred speech, and admission to drinking but cannot conduct field sobriety tests. Police seize hospital blood draw which reveals .23 BAC. over client's objection and lack of consent. Defense prepared to argue blood seized in violation of federal medical privacy law but state cannot produce necessary witnesses to establish chain of custody for blood test results. Not guilty verdict following trial. | | | | | | Police stop passing vehicle when they notice marked lanes violation and damage to front end. Initially police suspect driver may be victim of assault despite overwhelming evidence of impaired driving. Following investigation of alleged assault police inform driver that she is being charged with OUI. Citation initiating criminal OUI process is mailed to client 17 days later. Defense Motion to Dismiss OUI charge allowed as government cannot justify failure to timely issue notice of OUI charge via citation as required by law. | | | | | | Client stopped by police for speeding at 11:00 p.m. Admits to consuming one beer before starting ride home from job site, also admits to drinking one other beer much earlier in evening. Police allege client failed three standard field sobriety tests and refused breath test. Cooler in car contains five empty beer cans. Defense offers client's testimony including supporting documentation of medical conditions that limited field sobreity test performance. Client explains that empty beer cans in his lunch cooler are from his crew and not beers that he drank. Not guilty verdict following trial. | | | | | | Client stopped by police for failure to dim high beams and wide right turn. Officer notes odor of alcohol, red/glassy eyes and difficulty with field sobriety tests. Driver admits that she just consumed her only drink of the night. At trial defense calls state's laboratory expert to establish that .11 post arrest breath test could result from one drink, i.e. "Irish Car Bomb" Guiness, Jameson's and Bailey's concoction which client testified she consumed just prior to stop. State's expert admits that true blood alochol content at time of stop could be below legal limit of .08. Not guilty verdict following trial. | | | | | | Police respond to scene of single car roll-over accident. Client admits to drinking earlier and being the driver, stating that he lost control on curvy unfamiliar roadway. Police administer only one field sobriey test before client is tended to by EMTs for complaint of leg and head injury. DWI charge dismissed prior to trial. | | | | | | Client stopped by police for marked lanes violation. Admists to consuming "a few beers" at holiday cookout and is currently lost. Police allege driver failed three (3) field sobriety tests. Government witness unavailable on scheduled trial date. DWI charge dismissed. | | | | | | Client stopped on highway for marked lanes violation. Police find open liquor bottle in car with evidence that driver or passenger was drinking from cup in car. Police allege driver failed all field sobriety tests and acted erractically during booking process. Defense focuses on young mother's fear in arrest situation and emotional distress throughout process including custody when she is told that she is being held without release on bail and will not see her infant child for two (2) days. Not guilty verdict following trial. | | | | | | Driver runs stop sign in snow storm almost striking passing police cruiser. Client falls face first into snowbank upon exiting truck at police request. Police allege client fails three standard field sobriety tests and submits to post arrest breath test with .08 BrAC. DWI complaint dismissed prior to trial. | | | | | | Driver involved in minor rear-end collision leaving race track in heavy bumper to bumper traffic. Police respond and ask client to submit to field sobriety tests when he admits to drinking, but not for several hours. Defense prepared to argue performance on field sobriety tests impacted by nervousness, fear and embarassment as he is asked to take tests in front of hundreds of motorists passing by. DWI charge dismissed before trial. | | | | | | Driver stopped by police as he is seen drinking from an open container of beer while driving pick-up truck. Police note odor of alcohol, red/glassy eyes, open containers and admission to drinking. Defense focuses on client's performance on field sobriety tests and demeanor during arrest, transport and booking to show lack of evidence of impairment. Not guilty verdict following trial. | | | | | | Police stop client in restaurant parking lot after receiving report of erratic operation from citizen caller. Client admits to drinking at earlier concert. Field sobriety tests completed and police note that client complained of recent knee surgery complicating his performance on tests. DWI charge dismissed prior to trial. | | | | | | Police respond to scene of single car rollover accident. Client admits to being driver and participates in limited number of field sobriety tests due to head and leg injuries. Police detect odor of alcohol and unsteadiness. Defense prepared to argue observations made by police are consistent with symptoms related to injuries, not impairment by alcohol. DWI charge dismissed prior to trial. | | | | | | Client's attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger's seat area. Client admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial. | | | | | | Client works 16 hour double shift and returns home where he consumes two beers. Client called to pick up and drop off friend, where he later becomes lost. Police stop client for unusual operation and allege he failed field sobriety tests. Defense prepared to argue difficulty with tests attributable to fatigue and driving behavior consistent with lost operator. DWI charge dismissed prior to trial. | | | | | | Police stop client for speeding. Client admits to drinking but refuses to participate in field sobriety tests and breath test, both inadmissible in Massachusetts proceeding. Client otherwise remains cooperative, polite and responsive to questioning without slurred speech or unsteadiness. Not guilty verdict following trial. | | | | | | Several police respond to underage drinking party to breakup party and make arrests. Officer in street observes client vehicle approach area and then stop "abruptly" and drive off in opposite direction. No erratice operation observed by police. Officer stops vehicle with blue lights believing driver may be underage person connected to party. Defense Motion to Suppress stop and arrest allowed as police lacked reasonable articulable suspicion that driver had committed a crime. OUI charge dismissed. | | | | | | Client stopped by police for marked lanes violation on highway. Police allege client failed field sobriety tests and refused breath test. Defense raises client's fatigue and illness as factors to be considered when assessing overall performance on field sobriety tests. Defense calls civilian witness to establish client stayed at club only short time and consumed only one (1) beer before calling it a night due to fatigue and illness. Not guilty verdict following trial. | | | | | | Client stopped by police for speeding mid-afternoon coming home from shop Christmas meeting/party. Client admits to consuming two beers and dose of Nyquil. Open container located in vehicle. Defense focuses on good operation of vehicle and lack of adherence to field sobriety testing protocols. Not guilty verdict following trial. | | | | | | Client exits home to see her empty vehicle parked across the street from her home surrounded by unoccuppied police cruisers. Client walks across street barefoot to retrieve vehicle fearing it was in the process of being stolen. Police exit from wooded area on foot and demand cleint to stop backing up vehicle. Client admits to drinking earlier in evening. Police allege she fails field sobriety tests and refuses to take breath test. Defense establishes that very short operation of car was reasonable and field sobriety tests were not valid for client with scoliosis and blindness in one eye. Not guilty verdict following trial. | | | | | | Client stopped by police for weaving short distance from his home. Client admits to drinking wine at a concert earlier in evening. Police allege client is unable to satisfactorily completed field sobriety tests. Defense prepared to use booking video to establish client was coherent, cooperative and appearing sober shortly after arrest. DWI charge dismissed. | | | | | | Client is stopped for alleged lane violations by campus police officer working on special highway safety task force. Client arrested for OUI following field sobriety tests. Defense prepared to argue Motion to Suppress based on illegal stop by campus poice beyond legal jurisdiction. OUI chage dismissed when government cannot produce necessary witness at hearing on Motion to Suppress. | | | | | | Police respond to scene to two car collision on highway. Client refuses to participate in field sobriety tests but makes several damaging statements during transport and booking. Defense Motion to Suppress Statements denied, trial scheduled. Government cannot produce necessary witness at trial and charge is dimissed for lack of prosecution. | | | | | | Client stopped at road block sobriety checkpoint. Officer detects odor of alcohol and client admits to having 2-3 beers. Police allege client failed one-leg stand and walk and turn tests. Defense establishes that client passed mental portions of tests by following directions and instuctions, attributing physical problems to prior knee injury. Not guilty verdict following trial. | | | | | | Client stopped after police follow him for two miles observing several lane violations and near collisions with parked cars. Police not inconsistent responses to questions about destination and whereabouts. Client refuses to participated in field sobriety tests, arrested and then cannot complete standard booking procedure. Defense argues lack of evidence of impairment by alcohol and that some other factor may have caused erratic driving. Not guilty verdict following trial. | | | | | | Police respond to scene of rear-end accident. Client appears with odor of alcohol and several cans of beer are found in car. Client admits to drinking beer after work. Police allege client failed three field sobriety tests and then became belligerent questioning arresting officers sexuality. Defense elicits evidence that field tests not conducted properly and that client only became combative after arrest. Not guilty verdict following trial. | | | | | | Police called to fast food drive thru to deal with disgruntled customer. Client approached by police and unleashes string of profanities refusing to cooperate with field sobriety tests. Search of vehicle discloses bottle of whiskey and cooler full of hard lemonades. Defense focuses on lack of evidence of impairment despite emotionally upset client. Not guilty verdict following trial. | | | | | | Police respond to scene of roll over accident. Passengers state client was designated driver but had drank alcohol earlier in evening. Hospital blood work discloses blood alcohol content over legal limit. Defense prepared to exclude hospital medical records as evidence at trial. OUI charge dismissed. | | | | | | Client stopped for speeding. Officer detects odor of alcohol, flush face and glassy eyes. Officer notes client failed three field sobriety tests. Defense prepared to argue tests not administered in standardized fashion as required by police training. DWI complaint dismissed. | | | | | | Police stop client for illegal u-turn. Officer notes slurred speech and odor of alchol, although client denies drinking. Police allege client failed three field sobreity tests and subsequent search of vehicle discloses flask containing alcohol. Defense presents evidence of client's disability from being born with club feet, discrediting reliability of field sobriety tests. Not guilty verdict following trial. | | | | | | Client approaches police in parking lot of tavern, engaged in another investigation, and asks if he'll be arrested if he drives. Client told not to interfere and leaves parking lot in erratic fashion. Police follow and stop client, noting odor of alcohol, unsteadiness and thick speech. Client refuses to submit to field sobriety tests and refuses breath test. Defense argues lack of evidence of impairment. Not guilty verdict following trial. | | | | | | CLient stopped for speeding. Officer detects odor of alcohol, red, watery eyes and slurred speech. Client admits to a "few beers" and later admits to "six or seven" at a christmas party. Client submits to one field sobriety test but refuses to take any other tests, stating "do what you have to do," to officer. Defense argues insufficient evidence on intoxication without proof of timeframe when drinking occurred. Not guilty verdict following trial. | | | | | | Police come upon client after witnessing her hit curb causing blow out. Client is dressed only in felt elf's costume following christmas caroling party. Client admits to drinking beers over couse of evening. Police allege client fails field sobiety tests. Civilian witness cooroborates that client was sober when she left party. Husband testfies that client so emotionally upset during arrest that she is physically sick on drive home from police station. Defense attributes less than perfect field sobriety perfromance to nervousness, fear and embarassment and frigid conditions without proper clothing. Not guilty verdict following trial. | | | | | | POlice repsond to 911 cell phone call of car "all over the road." After following vehicle for several miles with lights and sirens, stop sticks deployed to disable client's car. 72 year old client submits to three field sobriety tets and post arrest breath test discloses .08 BrAC. Officer admits there was no erratic operation during several mile pursuit and field tests not valid for persons over age of 65. Defense argues breath test results are not accurate relection of true blood alcohol content at time of driving. Not guilty verdict following trial. | | | | | | Police respond to scene of three car accident. Witnesses involved tell police client caused accident by crossing over center line and striking second vehicle head-on. Client admits to "a few beers" and does not complete alphabet test safisfactorily. Transported to hosptial before further tests can be completed. Defense argues client's appearance, demeanor and performance of alphabet test attributable to trauma from accident. Not guilty verdict following trial. | | | | | | Police stationed in cruisers 200 yards away hear and see SUV vehicle driving erratically between parking lots. Responding to scene they find two parking lot signs knocked down and vehicle matching their observations parked in area and warm to touch. Civilian witness points out group he says left parked vehicle after driving erratically from lot. Police apprehend client near apartment building and place him in handcuffs. Client charged with leaving scene and DWI. Defense prepared to argue seizure of client was an arrest lacking probable cause as to identity of actual driver. DWI charge dismissed prior to trial. | | | | | | Police respond to scene of vehicle off roadway but otherwise unoccupied. Client responds to scene 15 minutes later and claims that he was driver. Police arrest client for DWI following field sobriety tests. Defense prepared to argue that client's appearance is inconsistent with being driver of vehicle where he is clean and orderly and wreck is buried in wooded muddy area. Lack of evidence to coorborate client's admission. DWI charge dismissed prior to trial. | | | | | | Police come upon client parked in lot speaking on his cell phone at 4:00 a.m. Client asked to step from vehicle and drops cell phone to ground. Police allege client failed one field sobriety test and was argumentative and belligerent during booking process. Defense agrues insufficient evidence to prove impaired operation of vehicle. Not guilty verdict following trial. | | | | | | Police stop client for fog line encroachment and wide turn. Client admits to having two beers and submits to field tests. Defense prepared to argue operation of vehicle was not consistent with impaired driver. DWI charge dismissed prior to trial. | | | | | | Police observe client drive into breakdown lane and commit lane violations. Driver safely responds to signal to stop and submits to field sobriety tests. Client refuses breath test but communicates willingness to take blood test which is not offered by police. Defense argues that erratic operation consistent with distracted driver not necessarily impaired driver. Not guilty verdict following trial. | | | | | | Client stopped for speeding 2 M.P.H in 40 M.P.H. zone. Driver admits to consuming five beers at local pool hall. Police allege client failed field sobriety tests while presenting slurred speech, red, bloodshot eyes and flush face. Defense focuses on client's knee injury as invalidating field tests and client's perfect performance on mental portions of testing sequence. Not guilty verdict following trial. | | | | | | Police respond to scene of single car accident where driver reported striking abandoned vehicle left in breakdown lane. Three passengers present as well, but client admits to being driver at time of accident. Insufficent evidence to confirm client's admission that he was driver. DWI charge dismissed prior to trial. | | | | | | Client is called to police station to retrieve his friend who is arrested for earlier DWI. During bail release officer inquires whether client was drinking and requests field sobriety tests. Client submits to post arrest breath test .08 BrAC. Lack of evidence of operation. DWI charge dismissed prior to trial. | | | | | | Client stopped for speeding traveling home from thanksgiving holiday dinner. Arresting officer alleges client failed standard field sobriety tests. Defense offers evidence of harsh cold weather and client's clothing consisting only of tee shirt and shorts. Client's mother and passenger testify that client was tired from long trip but not impaired by alcohol. Not guilty verdict following trial. | | | | | | Client losses control on vehicle on wet snow covered roadway and drives into snowbank. Police respond to scene and conduct field sobriety tests. Civilian witnesses cannot support allegation that driver is impaired. Defense utilizes police booking video to establish client's sobriety. DWI charge dismissed prior to trial. | | | | | | Police respond to scene of single car accident. Client admits to being driver and submits to field sobriety tests despite suffering knee injury in wreck. Subsequent breath test .18 BrAC is excluded due to government's failure to establish requiste foundation that breath test equipment is compliant with relavent regulations for certification. Not guilty verdict following trial. | | | | | | Police respond to scene of accident where car is crashed into home causing fire. Client found laying on ground in fetal position. Client admits to drinking all day and is transported to hospital for injuries. Defense argues admission alone is not enough evidence to prove impairment by alcohol under circumstances. Not guilty verdict following trial. | | | | | | Client is stopped for speeding, 50 M.P.H. in 25 M.P.H. zone. Officer observes client stumble from vehicle and questions driver. Driver admits that he is coming from Christmas Party and that he has had too much to drink. Client refuses all field sobriety tests. Defense argues insufficient evidence of impairment without field sobriety tests. Not guilty verdict following trial. | | | | | | Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed. | | | | | | Police stop driver for marked lanes violation on highway. Driver admits that he is driving friend home after visiting “several” local bars. Conduct of field sobriety tests is compromised by training officer interjecting during testing on darkened noisy breakdown lane. Passenger establishes that driver had only a few drinks and was fine to driver. Any erratic operation was caused by joking, laughing and eating take-out food while driving home. Breath-test results of .12 BAC more than one (1) hour after driving are excluded due to lack of government expert witness to establish BAC at time of driving. Not guilty verdict following trial. | | | | | | Driver stopped at 2:00 a.m. for allegedly crossing double yellow line three times in ¾ mile stretch of rural road. Driver admits to having had “a couple” of beers following basketball game earlier in evening but does not display slurred speech, unsteadiness or inability to follow directions . Field sobriety tests are inconclusive and defendant refuses to submit to breath test. DWI charge dismissed prior to trial. | | | | | | Police receive report of erratic operation and locate car matching description following it for period of time observing marked lanes violations. Officer notes driver’s eyes are red and glassy, speech is slurred and strong odor of alcohol. Client is arrested following field sobriety tests and submits to post arrest breath test of .13 BAC. Defense presents expert witness to challenge accuracy of breath test during active “absorption phase” of alcohol metabolism and focuses on operation of vehicle during time police followed vehicle. Further defense argues field sobriety testing results were reasonable given time and location of stop. Not guilty verdict following trial. | | | | | | Police stop client for failure to dim high beam headlights and allege he failed standard field sobriety tests. Client testified that he did consume some vodka drinks before driving but failure to dim high beams was result of unfamiliarity with car and poor performance on field sobriety tests was due to his nervousness caused by officer’s inexperience and indecisiveness. Not guilty verdict following trial. | | | | | | Driver is stopped for speeding on highway traveling home from Red Sox game. Driver admits to having several drinks over course of evening but fares very well on field sobriety tests. Post arrest breath test result of .20 BAC totally inconsistent with drinking pattern and performance on field sobriety tests. Defense prepared to challenge test results with expert witness only to find arresting officer/breath test operator dismissed from police department for disciplinary reasons before trial. Defense Motion to Dismiss for lack of prosecution allowed. | | | | | | Police observe vehicle traveling in opposite direction without headlights and when they turn to follow vehicle they notice turn made without signal. Driver stops in response to blue lights by driving up on curb and parking at odd angle on roadside. Driver refuses field sobriety testing stating he was “not stupid enough to take those tests.” Police arrest defendant for DWI. Defense argues mere suspicion of DWI without confirming field sobriety tests insufficient to prove impairment beyond reasonable doubt. Not guilty verdict following trial | | | | | | Police stop driver after watching her drive in breakdown lane at 1:00 a.m. and then drive upon on curb making U-turn. Driver submits to field sobriety tests and preliminary breath test at roadside discloses .196 BAC. Post arrest breat test result is .19 BAC. Defense expert calls into question accuracy of breath tests in light of inconsistent field sobriety testing. Not guilty verdict following trial. | | | | | | Police stop 68 year old driver for speeding and detect odor of alcohol, slurred speech and red/glassy eyes. Driver submits to field sobriety tests which police allege he failed. Post arrest breath test of .10 BAC excluded by defense due to lack of certification of breath test equipment. Police admit that field sobriety tests are not necessarily valid for any person over 65 years of age and there was no erratic operation of vehicle beyond speeding violation. Not guilty verdict following trial. | | | | | | Police stop driver for operating at 50 M.P.H. on highway and committing several marked lanes violations. Driver admits to drinking “a little bit”. Driver submits to just one field sobriety test before refusing to continue with roadside testing. Police alleged driver is unable to spit out breath mint when instructed to so and to periodically crying during booking process during which she needs assistance to stand. Defense argues lack of evidence of impairment given highly confrontational nature of roadside encounter, arrest and booking. Not guilty verdict following trial. | | | | | | Officer alleges that he followed driver for one (1) mile and observed 5 or 6 marked lanes violations. Driver initially denies drinking then admits to “one beer.” Officer detects odor of alcohol, unsteadiness and difficulty with all field sobriety tests. Post arrest breath test result of .19 BAC is excluded by defense due to failure of government to establish certification of breath testing equipment. Cross exam establishes that Officer actually followed defendant for 2.5 miles and only activated lights to stop vehicle because vehicle was approaching town line and end of Officer’s jurisdiction and that this officer accounts for 60% of his departments OUI arrests. Not guilty verdict following trial. | | | | | | Officer pulls over vehicle which is traveling towards him in head on collision fashion. Driver admits to having “two beers” and proceeds to fail 4 out of 5 field sobriety tests according to police. Subsequent breath test results of .09 are excluded by the defense and cross exam establishes that client performed field tests adequately given sub-standard roadside conditions. Not guilty verdict following trial. | | | | | | Officer follows driver for approximately one (1) mile observing several marked lanes violations. Upon stopping driver has difficulty producing license and registration but denies drinking. Officer detects odor of alcohol and slurred speech. Driver attempts field sobriety tests but claims she is incapable of standing on one leg for any period of time. Defense argues field sobriety tests are not reliable indicators of impairment for this particular driver especially in light of her nervousness and anxiety at roadside. Not guilty verdict following trial. | | | | | | Defendant is stopped by police for lane violation entering traffic rotary. Defendant admits to drinking and submits to field sobriety tests which police allege he failed. Subsequent breath test reveals B.A.C. of .15 Defendant requests trial date only to learn that Breath Test Operator has left the police department and is unavailable at trial. State dismisses DWI charge prior to trial. | | | | | | Police stop defendant’s vehicle for operating without headlights. Defendant admits to having “a few beers” submits to field sobriety tests but refuses breath test. Several years pass as defendant is fugitive from justice. Open removing default and appearing in Court to face DWI charge State cannot go forward with sufficient evidence to prove DWI charge which is dismissed prior to trial. | | | | | | Police respond to scene of accident with car into telephone pole. Witnesses claim driver is operating at 45 M.P.H. on windy rural road immediately prior to crash and is seen tossing empty beer cans into woods before police arrive. Driver claims he lost control of vehicle while searching for songs on his I-pod. Defense excludes reference to 2 out of 5 field sobriety tests and argues poor performance attributable to trauma from accident. Not guilty verdict following trial. | | | | | | Police respond to vehicle with flat tire waiting for tow truck in breakdown lane. Defendant tells police he just hit something. Police detect odor of alcohol and unsteadiness on feet. Following field sobriety tests defendant states: “just arrest me because you know I’m drunk.” Defense suppresses statement due to Miranda violations and challenges sufficiency of evidence based on field sobriety tests. Not guilty verdict following trial. | | | | | | Police respond to report of vehicle in parking lot with front end damage following collision. Witnesses establish that two persons are present, one urinating in public the other throwing beer cans into grass next to lot. Defendant admits to being driver but denies causing accident, further admits that he drank 4-5 beers earlier while golfing. Defendant arrested following field sobriety tests. Several civilian witnesses fail to identify the defendant as the driver and cannot corroborate his admission to driving beyond reasonable doubt. Not guilty verdict following trial. | | | | | | Police respond to scene of single car accident with both air bags deployed and two occupants nearby, both bleeding from impact. Client admits to two beers and a margarita and is arrested following field sobriety tests. Defense excludes post arrest breath test evidence of .14 BAC because government does not have an expert witness to relate breath test results to blood alcohol level at time of driving. Blood found on driver’s side airbags could be attributed to either occupant leading to question as to who has actual driver of vehicle. Not guilty verdict following trial.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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.
| | | | | | 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.
| | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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. | | | | | | 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.
| | | | | | 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. | | | | | | 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. | | | | | | 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. | | |
