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DUI Defense Specialist – Board Certified

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Tri State Protection for MA, NH, & ME

board-certified-dui-defense-lawyernew-hampshire-massachusetts-dual-state

Tri State Protection for MA, NH, & ME

DUI Defense Specialist – Board Certified

2003 DUI and Drunk Driving Cases, NH & MA

You might not have to plead out! Below is an extensive list of DUI cases and drunk driving cases in MA and NH that might have been plead out if they had been handled by some Attorneys. ButAttorney Bowser will work diligently on your behalf in NH or MA DUI cases and drunk driving cases, and question every single claim of the Prosecution, piece by piece. In the more challenging cases,Attorney Bowser knows how to aggressively take drunk driving cases and DUI cases to trial and win. Let Attorney Bowser protect your legal rights in MA and NH. Call 1-888-526-9737 during the hours of 9AM to 5PM or send Attorney Bowser details of your arrest in the form to the right.

Verdicts and settlements by year

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004

2003

2002 2001

MA OUI Charge Dismissed

December, 2003

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.

Not Guilty MA OUI

December, 2003

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.

NH BWI Charge Dismissed

December, 2003

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.

Not Guilty NH Aggravated DWI

December, 2003

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.

NH BWI Charge Dismissed

November, 2003

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.

Not Guilty NH Aggravated DWI

November, 2003

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.

Possession Class D (Marijuana) Charge Dismissed

November, 2003

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.

Possession Class D (Marijuana) Charge Dismissed

October, 2003

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.

Not Guilty MA OUI

October, 2003

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.

Not Guilty MA OUI (3rd Offense)

October, 2003

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.

Not Guilty MA OUI

October, 2003

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.

NH DWI Charge Dismissed

October, 2003

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.

Not Guilty MA OUI

October, 2003

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.

Not Guilty on NH Possession of Alcohol by Minor

September, 2003

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.

Not Guilty NH BWI (Boating)

September, 2003

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.

Not Guilty NH DWI

September, 2003

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.

Not Guilty MA OUI

August, 2003

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.

NH DWI Dismissed

August, 2003

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.

NH DWI Complaint Dismissed

July, 2003

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.

NOT Guilty On Mass OUI

July, 2003

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.

NH DWI Complaint Dismissed

July, 2003

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.

NH DWI Charge Dismissed

July, 2003

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.

Not Guilty on NH DWI Charge

July, 2003

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.

NH DWI Charge Dismissed

July, 2003

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.

Not Guilty on MA OUI Charge

June, 2003

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.

Not Guilty on NH DWI Charge

June, 2003

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.

Not Guilty Verdict on Mail Fraud Indictment

May, 2003

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.

Not Guilty on MA OUI Charge

April, 2003

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.

NH DWI Charge Dismissed

March, 2003

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.

NH DWI Charge Dismissed

March, 2003

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.

Not Guilty on MA OUI Charge

March, 2003

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.

Not Guilty on NH DWI Charge

March, 2003

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.

Not Guilty on NH DWI Charge

February, 2003

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.

NH Drug Possession Charge Dismissed

January, 2003

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.

NH DWI Charge Dismissed

January, 2003

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.

Verdicts and settlements by year

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004

2003

2002 2001

Past successful case results are not a guarantee or promise of a similar result in your case. Each case is factually distinct with various applicable legal standards. Further, as a trial lawyer with the experience of hundreds of completed Jury and Bench DUI trials in Massachusetts and New Hampshire Attorney Bowser understands the risks associated with the adversarial trial process. Any lawyer who claims never to lose cases doesn’t really try cases, especially difficult cases. Anonymous factual/legal summaries are authorized in advance by clients.

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