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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

2004 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

Not Guilty MA OUI

December, 2004

Police respond to report of one car accident with property damage. Driver and vehicle have left the scene before police arrive. Neighbors direct police to driveway short distance away where damaged vehicle is parked. Alleged driver is one of several people at the home. Only evidence of operation is a hesitant admission by the defendant that she was the driver. Prosecution lacks evidence to corroborate admission and prove operation beyond reasonable doubt. Defense prevails on Motion for Required Finding of Not Guilty.

NH DWI Charge Dismissed

December, 2004

Defense wins Motion to Suppress in 2003 before District Court challenging motor vehicle stop based on anonymous cell phone tip where police do not independently corroborate report of alleged erratic operation. State appeals to NH Supreme Court. Supreme Court decides case by remanding matter back to District Court with benefit of opinion creating “new analytical framework” to test police stops based on anonymous phone tips in DWI cases. Defense wins Motion to Suppress second time under new law created by Supreme Court opinion.

NH Administrative Suspension Vacated

December, 2004

Driver involved in minor traffic accident after leaving friends house where she watched football but consumed no alcohol. Police allege odor of alcohol and poor performance on field sobriety tests and arrest driver for DWI. Driver refuses to submit to breath test over concerns that her inhaler medication may affect results. Driving privileges suspended for six (6) months. Defense requests hearing on this administrative suspension and appears with witnesses to challenge all aspects of suspension. Arresting Officer fails to appear, suspension vacated, driving privileges restored.

MA OUI Drugs Charge Dismissed

December, 2004

Driver stopped on outstanding arrest warrant. Police notice odor of freshly burnt marijuana emanating from vehicle and driver and find small amount of drug in door panel pocket. Police allege driver is lethargic with glassy, red, bloodshot eyes. Arresting officers are not “drug recognition experts” certified in drugged driving detection or special validated field testing for this purpose. OUI Drugs charge dismissed due to lack of evidence of erratic operation and lack of expert testimony.

NH DWI Charge Dismissed

December, 2004

Driver stopped for speeding and admits to officer that she recently consumed a drink. Exit order and field sobriety tests follow. Driver informs officer that she sustained serious leg fractures requiring multiple surgeries and placement of orthopedic hardware which still impairs her balance and causes substantial pain. Police proceed with field sobriety testing which driver cannot complete. DWI Charge Dismissed in light of subsequently documented medical history and disability.

NH DWI Charge Dismissed

December, 2004

Driver takes wrong turn down poorly marked one way street. Police approach head on and stop vehicle. Driver ordered to exit and submit to field sobriety testing when he admits to consuming “a few” beers earlier in the evening. Location is busy roadway on slight grade which may adversely affect outcome of standard tests. Officers do not complete their “most accurate” Horizontal Gaze Nystagmus (HGN) Test. DWI Charge Dismissed.

H DWI Charge Dismissed

November, 2004

Police find abandoned SUV rolled onto its roof at 2:30 a.m. Officer responds to home of registered owner where mother allows officer to enter home to speak to her son. Client appears in boxer shorts and admits to officer that he was driving car but claims he fell asleep at wheel, did not have cell phone to call police and was picked up and driven home by a good Samaritan. Officer continues to question client in his kitchen, conducts field sobriety tests and arrests client in his home for DWI. Defense Motion to Suppress allowed. Officer had no grounds to continue interrogation and detention in home where defendant denied drinking, was responsive and coherent and officer did not detect odor of alcohol, slurred speech or see any unsteadiness or sway. All evidence following initial questioning including field sobriety tests and subsequent .10 Breath test excluded. DWI Charge Dismissed.

Not Guilty MA OUI Drugs Charge

November, 2004

Police respond to single car accident and find truck plowed into tree. Client found some distance away from vehicle, bleeding from head injury. Officer detects odor of burnt marijuana and client allegedly states that he “fells like someone slipped him a roofie.” Search of truck discloses marijuana pipe with pot residue. Defense prevails on Motion to Suppress excluding contraband found during search of truck. Not guilty verdict at trial on OUI Drugs charge.

Not Guilty MA OUI Charge

November, 2004

Client is driving a close friend and another acquaintance. Friend is highly intoxicated and opens door of pickup truck without warning, falls to street and suffers life threatening injuries. Due to rural, secluded location client attempts to drive friend to hospital but is stopped by responding police and removed from vehicle at gun-point. After friend is transported to hospital by med flight, client admits to police that he drank “one beer”. Police allege client failed field sobriety tests and charge him with OUI Causing Serious Bodily Injury. Defense obtains directed verdict on Serious Bodily Injury element as there is no evidence that defendant caused victim to fall from truck. Jury returns not guilty verdict on remaining OUI charge.

Not Guilty MA OUI Charge

November, 2004

Police respond to one car accident and find car flipped over snow bank resting on its roof. Client admits to driving vehicle and consuming three beers at local bar, but can’t recall location or name of bar and appears confused. Defense excludes admissions in Motion to Suppress. Defense contends that client’s demeanor and unsteadiness due to injuries from crash. Client found not guilty following trial.

Not Guilty MA OUI Charge

November, 2004

Client stopped by police for speeding infraction but no other erratic operation. Police note odor of alcohol, red, glassy eyes, unsteadiness and difficulty with balance and coordination. Admits to consuming “two beers”. Defense introduces client’s medical records to establish long history of degenerative arthritis in back, knees and ankles to explain 51 year old man’s struggles with standard balance coordination field sobriety tests. Friend testifies for defense that she kept only two beers in her house for beef stew broth and these were the only beers consumed by client before he left her house.

Not Guilty MA OUI Drugs Charge

November, 2004

Police respond to one car accident and bystanders identify client as driver of car involved. Client tells police that he is unwilling to submit to field sobriety tests because he “just smoked a joint”. Defense excludes statement from evidence as it was shown not to be the product of a voluntary waiver of his right to remain silent. Charge dismissed for lack of evidence on drug use.

NH DWI Charge Dismissed

November, 2004

Driver traveling at high rate of speed loses control and crashes off road where he is knocked unconscious. When client regains consciousness, he begins to struggle with responding police and EMTs, whom allege client is belligerent, combative and smells of alcohol. Client transported to hospital without first submitting to field sobriety or breath tests. Charge dismissed where evidence leads to equally reasonable inferences that client’s demeanor and actions were caused by serious head injury as opposed to alcohol consumption.

NH DWI Charge Dismissed

October, 2004

Client’s vehicle stopped by police for BOLO (be on lookout for) following alleged fight at outdoor gathering. Client admits he witnessed fight where he was pepper sprayed and had a few beers earlier. Following field sobriety tests client is arrested and charged with DWI. Defense prepared to exclude both preliminary and standard breath test evidence at trial. DWI charged dismissed prior to trial.

NH DWI Charge Dismissed

October, 2004

Client stopped by police for alleged marked lanes violations. Driver admits to drinking some hours earlier and she has difficulty with parts of field sobriety testing and does well on others. Breath test refused following DWI arrest. Defense negotiates dismissal of both Adminstrative License Loss (ALS) for breath test refusal and DWI charge prior to trial.

NH DWI Charge Dismissed

October, 2004

Client stopped by police for minor traffic violation. Driver admits to only two beers over course of evening. Video evidence utlized by defense to demonstrate client’s sobriety and rebut allegation of impairment. DWI charge and ALS dismissed prior to trial.

MA OUI Conviction Vacated

September, 2004

Client charged in NH with DWI. Defense negotiates dismissal of DWI charge. Adminstrative suspension in NH for breath test refusal is two (2) years based on prior 1993 Mass OUI conviction. Defense successfully vacates 1993 MA OUI convictiong reducing NH administrative suspension from two (2) years to 180 days.

Not Guilty MA OUI

September, 2004

Client stopped for broken license plate light and failure to completely stop and signal turn. Police note an odor of alcohol, glassy eyes and slow deliberate movements and speech. Defense wins pre-trial motion to suppress search of vehicle to exclude open container of beer and thirty-pack. Trial defense focuses on field sobriety tests and their actual relationship to safe driving. Not guilty verdict following trial.

MA OUI Charge Dismissed

September, 2004

Client loses control of vehicle after side swiping jersey barrier in highway construction zone. Police respond to report of single car rollover accident and speak to driver and witnesses. Client transported to hospital for medical treatment and routine blood test indicates blood alcohol content over legal limit. Defense continues to request trial dates and plans to exclude blood test on evidentiary grounds. Charge dismissed when government is unable to produce witnesses to operation, arrest and blood testing.

MA OUI Charge Dismissed

September, 2004

Client stopped by police while driving home from scene of minor fender bender on highway off ramp. Police allege that driver left scene of accident without giving name, address and registration information to other driver. Defense continues to request trial dates and appears each time ready to try all issues. Charge dismissed when government is unable to produce witnesses to operation and arrest.

NH DWI Charge Dismissed

September, 2004

Client stopped by police for speeding. Following initial questioning officer directs driver to step from vehicle to complete field sobriety testing in view of the officer’s cruiser mounted audio/video equipment. Defense requests copy of audio/video evidence as standard pre-trial discovery practice. Copy and original video footage are rendered mostly unusable due to police equipment failure. Defense prepared to argue that video was best evidence of field sobriety tests and likely exculpatory to defendant. Prosecution prepared to try case on other evidence of impairment. Defense negotiates pre-trial dismissal of DWI charge.

Not Guilty MA OUI

September, 2004

Client stopped by police for running red light. Driver engaged on cell phone in an attempt to find out location of vehicle registration while officers command him to hang up phone and exit vehicle. Police detect odor of alcohol and slurred speech. Verbal argument leads police to forcibly remove driver from vehicle where struggle ensues. Driver charged with OUI, Disorderly Conduct and Possession of Drugs. Drugs excluded prior to trial on defense Motion to Suppress as fruits of illegal search. Not guilty verdict on OUI and Disorderly Conduct following jury trial.

NH DWI Complaints Dismissed

September, 2004

Police allege client drove over highway fog line three times, drifting into left travel passing lane once. Officer stops vehicle and notes driver has red, glassy eyes, odor of alcohol and slurred speech. Driver admits to a few beers but also tells officer he is over tired and fatigued. Officer alleges driver failed four (4) field sobriety tests. Approximately one hour after arrest driver submits to a breath test with .10 BAC result, in excess of .08 per se legal limit. Defense obtains dismissal of DWI complaints based on delay between actual driving and breath test and no evidence whether client was in absorptive or elimination phase. Field sobriety testing also supported inference that driver was not above .08 at time of stop.

MA OUI Charge Dismissed

August, 2004

Driver crashes car through construction barriers on re-routed section of highway off ramp in view of police detail. Vehicle is heavily damaged by falling construction sign and air bags deploy. Driver is arrested for OUI without field sobriety testing or an admission of drinking. Defense obtains dismissal of OUI charge on second trial date based on government’s inability to produce a police witness to testify regarding the grounds for the arrest and opinion that the driver was impaired by alcohol.

NH License Suspension Vacated

August, 2004

Police allege client drove while impaired by alcohol in parking lot outside condominium complex causing minor property damage to second vehicle. Following field sobriety testing and arrest police allegedly advise client of his implied consent rights regarding alcohol breath testing. Police seize license and issue temporary 30 day driving permit to be followed by 180 day suspension for client’s alleged refusal of breath test. Defense requests hearing on administrative license suspension (ALS). State fails to timely file “sworn report” setting forth grounds for arrest and alleged chemical test refusal. 180 day suspension vacated.

Not Guilty NH DWI

July, 2004

Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 11/2 hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.

NH BWI (Boating) Charge Dismissed

July, 2004

Client stopped by Marine Patrol for navigational lights violation, subsequently arrested for BWI and fails breath test. Defense Motion to Dismiss allowed on trial date when State was not able to proceed with necessary witnesses trained and certified in field sobriety testing to establish probable cause for arrest. Only available witness was a trainee officer not certified in all aspects of BWI investigations and field sobriety tests.

NH License Suspension Rescinded

July, 2004

Client stopped and arrested for DWI, hires counsel and enters not guilty plea requesting trial. Six month administrative suspension due to begin thirty days after arrest based on .13 breath test. Defense requests administrative review hearing challenging validity of breath test results. Defense finds that requisite documents certifying calibration and maintenance of breath test machine and attached simulator device do not match equipment serial numbers on record of breath test. State cannot validate test results pursuant to controlling administrative rules. Six month administrative suspension rescinded.

MA OUI Charge Dismissed

July, 2004

Police find client standing near scene of one car accident. Officer determines client was driver of vehicle and was operating while intoxicated but decides to place her in “protective custody” while he investigates vehicle’s involvement in earlier accident. Client released from police station with out being charged, booked or issued a citation putting her on notice of OUI charge. Defense Motion to Dismiss OUI charged allowed for police failure to issue citation at time and place of offense.

NH DWI Charge Dismissed

June, 2004

Police officer watches client enter passenger door of pick up truck and then run around to driver’s side to enter and start truck. Truck leaves store parking lot “expiditiously” but then pulls into 7-Eleven parking lot in an “evasive” manner. Officer waits to pull truck over in traffic to determine identity of driver and registered owner information. Driver charged with DWI following stop. Defense Motion to Suppress allowed, officer lacked reasonable specific facts support stop for criminal activity. DWI complaint dismissed.

Not Guilty MA OUI

June, 2004

Client stopped for speeding. Officer notes strong odor from car and finds a half-empty can of beer hidden in the console. Officer testifies client failed three standard field sobriety tests. Defense focuses on reliability of tests using scene photos to cross examine the arresting officer. Client testifies to consuming 3-4 beers while playing pool after a 12-hour work day. Not guilty verdict following trial.

MA OUI Charge Dismissed

May, 2004

Police officer observes client swaying and staggering on sidewalk in vicinity of local bar at 1:00 a.m. Weather is cold with ice and snow on ground. Officer decides to circle block to pick up client and drive him home. Officer sees client behind wheel of truck exiting parking garage but continues by and allows truck to exit. Officer runs registration plate through cruiser on board computer to confirm ownership as truck continues on with no erratic operation or equipment violations. Subsequent stop of vehicle deemed illegal when observations only gave rise to mere suspicion or hunch that driver was impaired by alcohol. Pre-trial Motion to Suppress allowed.

Not Guilty MA OUI

April, 2004

Police respond to single car accident with telephone pole. Driver admits to “losing control” of car. Officer detects odor of alcohol from driver and administers field sobriety tests which in his opinion driver fails. Defense challenges validity of test results given poor lighting and wet snowy conditions at scene. Defense offers breath test results of .06 BAC to contradict officer’s opinion that driver was impaired by alcohol at time of accident. Not guilty verdict at trial.

Not Guilty MA OUI

April, 2004

Client stopped by police for alleged marked lanes violations and speeding. Officer testifies that client failed five field sobriety tests. Cross exam establishes that client actually passed three of the standard tests and the remaining two tests are not validated tests for detection of impairment by alcohol. Defense excludes breath test result of .12 BAC due to lack of valid implied consent procedure. Not guilty verdict at trial.

Not Guilty MA OUI

April, 2004

Police respond to report of minor fender bender in apartment complex parking lot. Client found outside running vehicle and admits to being “too drunk to drive.” Civilian witness testifies that he observed client driving only in parking lot. Client arrested and submits to breath test result of .23 BAC. Defense argues lack of evidence presented to support finding beyond reasonable doubt that client operated on a “public way” as required by drunk driving law. Not guilty verdict at trial.

Not Guilty MA OUI

April, 2004

Police stop vehicle for erratic operation and officer suspects that driver and passenger switched seats before stop. Officer admits there was some confusion at the scene as to which person was actually driving and that his vantage point did not allow him to see if a switch occurred. Police select client as driver and arrest him for OUI following standard field sobriety tests. Breath test results are .33 BAC. Defense presents alleged passenger at trial to admit she was the actual driver and her therapist backs up her testimony, confirming woman sought treatment for stress caused by her failure to admit the truth at the scene. Not guilty verdict following jury trial.

Not Guilty NH DWI (Drugs)

March, 2004

Client stopped for speeding. Officer detects odor of fresh burnt marijuana, blood shot eyes and odor of alcohol. Client admits to smoking half a joint just prior to stop but completes field sobriety tests without difficulty. Defense cross exam establishes standard field sobriety tests are not validated for detection of impairment by marijuana. Blood test is negative for alcohol but positive for marijuana. State’s expert witness admits that positive blood tests for THC only establish “window of use” and do not establish impairment which can vary significantly among individual marijuana users. Not guilty verdict following trial.

NH DWI Charge Dismissed

March, 2004

Client stopped by police for broken taillight, speed and marked lanes violation. Driver admits to one (1) mixed drink and submits to three standard field sobriety tests. Defense argues client passed the Horizontal Gaze Nystagmus (HGN) Test, a test routinely relied upon by the State as the “most accurate and reliable test.” Defense Motion to Dismiss allowed on DWI complaint.

NH DWI Charge Dismissed

February, 2004

Client stopped for expired registration sticker. Officer notes driver has red, bloodshot, glassy eyes, difficulty retrieving license and some confusion answering questions. Search of vehicle turns up drug paraphernalia. Driver allegedly admits to smoking marijuana shortly before being stopped. Defense cross examination focuses on driver’s successful performance on two of the field sobriety tests. Defense challenges arresting officer’s expertise to form opinion regarding effects of recently smoke marijuana on driver. Not guilty verdict following trial.

NH DWI Charge Dismissed

February, 2004

Police observe client speeding on wet, slick road and then lose control going off road into trees. Police Officer notes odor of alcohol coming from driver before he is cut lose from car by Fire/EMT(s) and transported to hospital for treatment. No field sobriety tests, hospital lab blood test inadmissible, state’s blood tests are inconclusive as to whether driver’s blood alcohol content was above or below legal limit at time of accident. Defense Motion to Dismiss for lack of evidence allowed as to Aggravated DWI and regular DWI charges.

MA OUI Charge Dismissed

January, 2004

Client arrested for OUI offense after allegedly leaving the scene of minor traffic accident. Client is found several blocks from abandoned vehicle allegedly involved in minor accident. Charge is dismissed for lack of necessary evidence to establish identity of driver at time of accident.

MA OUI Not Guilty

January, 2004

Client stopped by police in early morning for driving without headlights. Officer notes odor of alcohol, slow speech and movements and red glassy eyes. Client arrested following field sobriety tests. Defense photos show area is well lit business district. Cross exam focuses on lack of erratic operation and client’s ability to pass much of the field sobriety tests. Not guilty verdict following jury trial.

MA OUI Not Guilty

January, 2004

Police respond to client’s home to investigate single car accident with tree at 11:00 a.m. 100 yards from his house. Police find client unsteady, confused, disoriented and note odor of alcohol and slurred hesitant speech. Client admits to drinking a few beers the night before and is arrested for OUI and Leaving the Scene of an Accident following field sobriety tests. Defense uses medical records, photos and witness testimony to establish client injured by cracking windshield with head and fell asleep at wheel after exhausting work week. Not guilty verdict on both charges following jury trial.

NH DWI Charge Dismissed

January, 2004

Motorcycle driver stopped by police for driving wrong way on one-way street. Driver admits to drinking only two beers. Officer concludes driver failed standard field sobriety tests but does note in his report driver’s prior “leg injuries”. Defense presents medical records related to these serious injuries as they tend to invalidate field sobriety tests. DWI charge dismissed.

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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