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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

2011 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 Verdict MA OUI Charge

December, 2011

Driver rear-ends another vehicle on roadway while travelling home from Boston. Police arrive to find driver upset and distraught about damage to his vehicle. Operator admits that he consumed “whiskey, wine and beer,” earlier in the evening. Defense prepared to challenge accuracy of post arrest breath test of .11 BrAC, but the evidence is ultimately excluded at trial by the defense. Not guilty verdict following trial on an MA OUI charge.

NH DWI Charge Dismissed

November, 2011

Police find client asleep behing wheel of car in early morning hours at side of road. Although keys are in the ignition the vehicle is not running. Driver appears to be highly intoxicated but it is unclear how long the car has been parked at this particular location or how the driver arrived there. DWI charge dismissed in this NH drunk driving case.

NH DWI Charge dismissed

November, 2011

Massachusetts driver stopped at NH Sobriety checkpoint and ultimately arrested for DWI. Defense sucessfully argues at administrative license suspension (ALS) hearing that police lack reasonable grounds to believe driver was in fact DWI in light of good performance on field sobriety testing. Administrative suspension based on breath test refusal vacated following hearing. NH DWI charge dismissed.

MA OUI Chagre Dismissed

October, 2011

Driver involved in side-swipe collision on narrow rural roadway coming home from wedding. Police investigation at scene leads to OUI arrest. Post arrest breath test of .15 BrAC is challenged by defense as result of gastro-esophogeal reflux disease (G.E.R.D.). Government unable to proceed at time of trial due to missing witnesses, MA OUI charge dismissed in this case.

MA OUI Chagre Dismissed

October, 2011

Operator stopped by police for alleged red light violation. Driver agrees to participate in field sobriety testing but first officer leaves scene before handing off investigation to a second officer who arrives as back-up. Defense prepared to argue validity of initial stop and detention. Government cannot produce necessary witnesses at time of hearing to support legality of the detention and arrest. MA OUI Charge dismissed.

Not Guilty Verdict NH BWI (Boating While Intoxicated) Charge

October, 2011

Marine Patrol stops NH boater for failure to display stern light. During safety check officers note slurred speech, odor of alcohol and lethargy. During field sobriety tests on Marine Patrol vessel operator begins to display further signs of impairment and/or an oncoming medical condition. Boater faints and goes unconscious at conclusion of field sobriety testing. Defense sucessfully argues underlying medical condition caused boater to appear impaired and ultimately pass out. Government cannot rule out underlying medical condition as cause of symptoms. Not guilty verdict in this NH DWI charge following trial.

Not Guilty Verdict NH DWI Charge

September, 2011

Operator stopped by NH police for speeding violation. Open containers are found at the feet of the passenger and police allege driver displayed odor of alcohol, slurred speech and poor balance and coordination during field sobriety tests. Defense challenges validity of field sobriety in light of driver’s physical disabilities and serious medical conditions, including recent knee surgery. Evidence of breath test refusal countered by driver’s willingness to take blood test which police will not allow. Not guilty verdict in this NH DWI case following trial.

NH DWI Charge Dismissed

August, 2011

NH 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, NH DWI charges dismissed.

NH DWI Charge Dismissed

August, 2011

Alleged NH 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, NH DWI charge dismissed prior to trial.

Not Guilty NH DWI Charge

August, 2011

Alleged Drunk driver in NH 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 NH DWI trial.

Not Guilty Verdicts NH DWI Charges

August, 2011

Operator stopped by NH police following 911 cell phone report of erratic driving. Field sobriety tests are completed and police allege poor performance, odor of alcohol, glassy eyes and slurred speech. Post arrest breath test of .14 BrAC is excluded by defense at trial due to government’s failure to produce certifying technician to explain inconsistencies in calibration/certification documentation. Not guilty verdict on NH DWI per se and Under the Influence complaints.

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.

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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