NH DWI Charge Dismissed - August, 2011

Police respond to scene of single car off road into snow bank. Elderly driver tells police he as forced off road by errant snow plow. Police do not note any signs of impairment while speaking with the driver and making arrangements for a tow truck. Several minutes later the driver approaches the officer conducting traffic control to complain about the cost of the tow. Only during this third conversation does the officer not an odor of alcohol and that the elderly driver walks with an obvious limp. When questioned the driver admits to having one vodka drink in a goblet sized glass one (1) hour earlier at a friend’s house. The officer requests that the driver stay on scene to complete field sobriety tests which he fails. Post arrest breath test results are .12 BrAC and .11 BrAC. Defense files and argues Motion to Suppress alleging Police did not have reasonable articulable suspicion to detain driver and insist that he participate in field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. Defense Motion to Suppress granted, DWI charges dismissed.

NH DWI Charge Dismissed - August, 2011

Alleged drunk driver is cut-off in heavy traffic while riding his motorcycle at biker rally. Collision with second motorcycle causes him to crash bike and sustain serious injury to his lower leg and ankle. Due to circumstances of crash and parties involved the driver is hesitant to speak with police about what happened. Several onlookers press police to arrest driver for DUI. Police follow driver to hospital where he refuses to take a blood test. Defense cites lack of evidence of impairment, DWI charge dismissed prior to trial.

Not Guilty NH DWI Charge - August, 2011

Alleged Drunk driver stopped by police waiting for his car at toll booth due to citizen cell phone report of erratic operation.  Driver stops and is asked to exit.  Police detect odor of alcohol, but no slurred speech.  Driver does well on most filed sobriety tests but allegedly fails horizontal gaze nystagmus (HGN) test and is arrested.  Post arrest breath test results of .14 BrAC.  Defense challenges validity of field sobriety tests and officer admits on cross exam that HGN is invalid due to improper administration.  Defense excludes breath test evidence due to regulatory violations and lack of confrontation of witness issues.  Not guilty verdict following trial.

Not Guilty MA OUI Charge - June, 2011

Police respond to scene of single car roll-over accident at highway off-ramp. Alleged drunk driver refuses medical treatment but does not participate in field sobriety tests. Admits to arresting officer that he a “had a couple of drinks” hours earlier after a memorial service in Vermont. Defense uses photographs of State Police barracks, including sally port, booking and custody areas to demonstrate driver’s ability to maneuver and walk without difficulty and follow directions. Dispatch call log offered to show entire roadside investigation lasted only a few moments. Not guilty verdict following trial.

NH DWI Charge Dismissed - June, 2011

Alleged drunk driver stopped by police for speeding violation entering major highway on-ramp. Driver admits to consuming one glass of wine at a party but she is unable to recite to the officer the name of the person who hosted the party. Upon exiting car driver participates in field sobriety tests which she performs wearing nearly 4” heels. Arresting Officer admits at administrative license suspension hearing that the driver did not display slurred speech or lack of dexterity handling her license and registration and that the odor of alcohol from the defendant was only “slight.” Defense prepared to argue Motion to Suppress alleging police lacked reasonable articulable suspicion to request exit from vehicle for field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. DWI Charge dismissed prior to trial.

Not Guilty MA OUI Charge - May, 2011

Police are called to convenience store to investigate a fender bender that happened in the parking lot and was witnessed by the store clerk. Clerk alleges drunk driver hit another car in lot with his truck and then proceeded to enter the store in an attempt to hide from witnesses and police. Store clerk testifies that he had to pull the driver from the bathroom to hand him over to police. Arresting officer testified that when he arrived at store the alleged drunk driver was standing at the store cashier counter buying an item. The police allege the driver became argumentative and uncooperative at the scene prior to his arrest. The defense excludes this evidence as violating the defendant’s right against self-incrimination as his behavior amounted to a refusal to participate in field sobriety tests which is inadmissible in Massachusetts’ OUI prosecutions. Not guilty verdict following trial.

NH DWI Charge Dismissed - May, 2011

Police respond to scene of accident where car apparently struck highway sign at off ramp. License plate at scene in debris field leads police to alleged drunk driver’s home. Question arises as to the legality of the police entry into the home at 2:00 a.m. which defense is ready to challenge. Field sobriety tests are conducted in the client’s kitchen with his parents looking on. Defense cites lack of evidence as to when consumption of alcohol occurred, either before or after the alleged drunk driver arrived home. Post arrest breath test discloses .14 BrAC. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed - May, 2011

Alleged drunk driver is stopped while driving slowly down rural road looking for friend’s lake house. Police note an odor of alcohol and allege driver appeared glassy-eyed and lethargic and extremely unsteady on his feet once out of the car. Driver discloses recent knee injury and surgery which may affect his performance on field sobriety tests. Second officer on scene, trained as a drug recognition expert (DRE) observes driver’s tongue to be “greenish” in color which he opines is evidence of recent marijuana consumption. Several empty beer cans found in cooler in car. Defense utilizes booking video and client’s medical records to counter government case. DWI charge dismissed prior to trial.

MA OUI Charge Dismissed - May, 2011

Police stop alleged drunk driver for weaving within her lane and speeding. Officer notes odor of alcohol, admission to drinking, and slurred speech. Field sobriety tests at roadside are conducted in the break down lane of a busy highway. Officer alleges driver failed all three (3) standard field sobriety tests and appeared intoxicated. Defense prepares for trial on three (3) separate occasions ready to present testimony of friend and passenger on the issue of the driver’s mental state which contributed to her appearance as possibly impaired. Government cannot go forward due to missing witness on final trial date. OUI charge dismissed.

Not Guilty MA OUI Charge - April, 2011

Police stop alleged drunk driver for speeding violation after watching him drive from parking lot of local tavern.    Defense challenges arresting officer’s version of roadside encounter with driver and sequence of field sobriety testing.  Client testifies as to his version of events, including operation, alcohol consumption, and roadside encounter with police.  Not guilty verdict following trial.

NH DWI Charge Dismissed - April, 2011

Police stop alleged drunk driver for failure to yield to police cruiser entering main road from side street.  Prosecution alleges poor performance on standard field sobriety tests.  Defense produces medical records documenting client’s painful foot injury which affects performance on balance/coordination tests.  Booking video depicts cooperative, alert and attentive driver immediately following arrest.  DWI charge dismissed.

NH DWI Charge Dismissed - April, 2011

Police called to scene of disabled pick-up truck by tow truck operator. Tow operator believes owner of vehicle is impaired by alcohol. Police find several empty beer cans in and around the truck. The driver denies drinking anything until he had to sit and wait over one (1) hour for the tow truck to arrive. Driver submits to field sobriety tests and fails all tests. He later refuses the breath test. Defense prepared to argue State cannot prove operation and impairment by alcohol at the time of operation. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge - April, 2011

Alleged drunk driver stopped by police for speeding violation. Arresting officer notes odor of alcohol and glassy/bloodshot eyes. Driver participates in numerous filed sobriety tests with partial success before complaining of shortness of breath and chest pains. Medical technicians called to scene but driver refuses treatment. Defense argues nervousness and fear caused anxiety attack at roadside. Once calmed down the driver showed little indicia of impairment and his driving was unremarkable other than a mere speeding violation. Not guilty verdict following trial.

MA OUI Drugs Charge Dismissed - April, 2011

Police stop erratic driver at 7:30 a.m. in busy weekday commuter traffic.  Driver denies alcohol consumption but admits that he took several of his regular medications as prescribed, including painkillers and anti-anxiety drugs.  Driver has difficulty with several filed sobriety tests and is arrested charged with Operating Under the Influence of Drugs.  At the station the driver agrees to participate in a Drug Recognition Evaluation (DRE) and he answers several questions regarding his use of prescribed narcotic drugs.  Defense argues that entire DRE interview and evaluation process occurred without the defendant receiving, acknowledging or waiving his right to remain silent under Miranda.  Motion granted and all statements are suppressed as evidence.  Defense further excludes Drug Recognition Evaluation opinion testimony as government cannot overcome challenge to scientific validity of Drug Recognition Evaluation protocol and training process.  OUI Drug Charge dismissed.

Not Guilty MA OUI Charge - April, 2011

Alleged drunk driver is stopped on early morning hours of New Year’s day by police officer working special OUI “over the limit/under arrest” detail. Police allege woman ran a red light entering traffic square and then proceeded to fail standard field sobriety tests. Defense challenges validity of field sobriety tests given location on busy highway on-ramp coupled with wet, snowy road conditions. Defense calls client’s friend who spent the entire afternoon, evening and early morning hours with her to counter the police opinion that she was impaired by alcohol and unsafe to drive. Not guilty verdict following trial.

Not Guilty MA OUI Charge - March, 2011

Police stop alleged drunk driver for operating at night without headlights illuminated.  Driver attempts field sobriety tests after removing 4 inch heels.  Defense challenges validity of tests while suspect bare-footed at roadside in cold temperatures.   Prosecution seeks to admit driver’s post-arrest admission to taking several prescribed medications in combination with .06 BrAC breath test results to prove impairment by combination of alcohol and drugs.  Defense excludes post-arrest admission to drug/alcohol combination in violation of Miranda warnings.  Not guilty verdict following trial.

Not Guilty Verdict MA OUI Charge - March, 2011

Police stop alleged drunk driver for failure to yield to oncoming police cruiser while making left hand turn.  Numerous field sobriety tests and statements of driver are excluded by defense with pre-trial motions to suppress based on client’s actual stated refusal of same test due to physical limitations.  Defense utilizes driver’s extensive medical records documenting vertigo, lower back and knee injuries to counter government’s allegation that driver exhibited signs of impairment on remaining field sobriety tests.  Client’s testimony is key to countering police allegation of alcohol impairment.  Not guilty verdict following trial.

MA OUI Charge Dismissed - February, 2011

Police pull over vehicle after noticing driver fails to proceed through traffic signal immediately when light turns green.  Driver refuses to participate in field sobriety tests and becomes angry  when asked to step from vehicle.  Prosecution unable to produce necessary police witness at trial.  OUI charge dismissed.

NH DWI Charge Dismissed - January, 2011

Alleged drunk driver stopped by police on highway for speeding violation.  Driver admits to drinking “a few beers” several hours earlier.  Driver’s performance on standard field sobriety tests are alleged to be indicative of impairment.  Driver’s physical limitations effect validity of field sobriety tests.  DWI charge dismissed.

NH DWI Charge Dismissed - January, 2011

Police stop alleged drunk driver for marked lane violation.  Officer notes that driver walks with limp and may have difficulty with standard balance and coordination tests.  Defense prepared to offer evidence that operation of vehicle consistent with driver lost and unfamiliar with area.  DWI charge dismissed.

NH DWI Charge Dismissed - January, 2011

Alleged drunk driver stopped by police for speeding violation.  Officer detects odor of alcohol on driver’s breath and alleges poor performance on field sobriety tests.  Defense prepared to challenge arresting officer’s use of non-standardized field sobriety tests in light of recognized protocol for field sobriety testing.  DWI charge dismissed.

NH DWI Charge Dismissed - January, 2011

Alleged drunk driver stopped for speeding while operating motorcycle in busy concourse during annual "bike week."  Defense prepared to argue client’s performance on field sobriety tests, operation of motorcycle, demeanor, behavior, and cooperation with law enforcement do not constitute evidence of actual impairment by alcohol.  DWI charge dismissed.