Chelmsford, MA
DUI and DWI Lawyer at Chelmsford, MA
Practice Areas: DUI & DWI, Personal Injury, Criminal Defense
OUTCOME: NOT GUILTY
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 fo ... cuses 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.
OUTCOME: CHARGE DISMISSED
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 an ... d 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.
OUTCOME: NOT GUILTY
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.
OUTCOME: NOT GUILTY
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 obser ... ved 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.
OUTCOME: NOT GUILTY
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 th ... e 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.
OUTCOME: NOT GUILTY
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 opinio ... n 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.
OUTCOME: NOT GUILTY
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 te ... sts 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.
OUTCOME: CHARGE DISMISSED
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 th ... e 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.
OUTCOME: CHARGE DISMISSED
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.
OUTCOME: CHARGE DISMISSED
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 d ... rug 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.