RECENT CASE RESULTS

Secured a Judgment Suppressing All Evidence and Judgment In Favor Of The Operator on the Civil Suspension (refusal) proceeding, on grounds that the arresting officers acted unlawfully in ordering the client to exit his vehicle with his hands up and later frisked him, thereby saving the client from a 6 month suspension for refusing the breath test, on grounds that the trial judge agreed that the officers’ actions constituted a “de facto” arrest without probable cause.
October 2011

Secured a Judgment in Favor of the Operator on the Civil Suspension proceeding, reduction of the underlying DUI charge to Negligent Operation, and Dismissal of Negligent Operation and False Information to a Police Officer charges, where the blood test result was 0.189%, on grounds that the arresting officer lacked authority to process the client for DUI outside of his own town, the arresting officer threatened the client with jail unless he provided a blood sample, and that a breath test and not blood sample should have been requested.
October 2011

Secured a Judgment in Favor of the Operator on the Civil Suspension proceeding, and Suppression of all evidence including the breath test results of 0.182% after the stop of the Defendant’s vehicle, on grounds that the arresting officer lacked a reasonable suspicion that the client was under the influence of alcohol.
September 2011

Secured a Suppression of the Breath Test, resulting in a reduced charge of Negligent Operation and dismissal of the Civil Suspension, where the breath test results were 0.233% and 0.219%, on grounds that the arresting officer failed to honor the client’s request for an independent blood sample.
August 2010

Secured a Judgment in Favor of the Operator on the Civil Suspension Proceeding, and secured a Reduced Charge of Negligent Operation, after testimony by the defense chemist convinced the Court that the client’s true blood alcohol level was below 0.08% at the time she was stopped.
January 2010

Secured a Judgment in favor of the operator on the Civil Suspension proceeding, and a reduced charge of Negligent Operation (30 day license suspension), where the client had originally been charged with DWI 2nd Offense (18 month license suspension), after arguing that the client’s release at the scene by one police officer meant that a (2nd) senior officer lacked authority to detain the client and order his arrest.

Secured a Judgment in favor of the operator on the Civil Suspension proceeding, and a reduced charge of Negligent Operation, saving an out of state client from a one year license suspension, after arguing that the arresting officer interfered with the client’s right to a second breath test;

Secured a Suppression of the Breath Test Results and Exclusion of the Results from the Civil Suspension, where the breath test results were 0.233% and 0.219%, on grounds that the arresting officer failed to honor the client’s request for an independent blood sample;

Secured a Judgment in Favor of the Operator on the Civil Suspension Proceeding, and secured a Reduced Charge of Negligent Operation, after testimony by the defense chemist convinced the Court that the client’s true blood alcohol level was below 0.08% at the time she was stopped;

Secured a dismissal of the Civil Suspension and reduction of the DUI to negligent operation (30 day suspension) in a DUI 4th offense case, where the client was facing a lifetime revocation of his license, on grounds that the arresting officer failed to advise the client of his right to speak to an attorney before taking the breath test, even though he had earlier told the client that he had the right to speak to an attorney before answering questions;

Secured a reduced charge of misdemeanor Grossly Negligent Operation, where the client had originally been charged with Grossly Negligent Operation, Fatality Resulting, a felony punishable up to 15 years in prison, based upon a fatal head on collision in the breakdown lane of the opposite (wrong) lane of travel. The State consented to the reduced misdemeanor charge after deposition of the State Police Accident Reconstruction Expert and the filing of a Daubert Motion to exclude his testimony regarding vehicle speed;

Won a Dismissal of the DWI charge and Entry of Judgment in favor of the operator on the Civil License Suspension, where the client’s breath test result was .128%, after the trial judge agreed that the stop of the client’s vehicle was based on a pretext that the client “needed help”;

Secured a Dismissal by the Court of Civil Suspension Charges, which resulted in the State dismissing the related DWI charge, where the client's breath test result was .12% BAC;

Secured a Dismissal by the Court of a Felony Charge of Hindering a Police Officer, which later resulted in the State dismissing DWI and Unlawful Mischief Charges;

Secured a Dismissal by the State of both the D.W.I. and Civil License Suspension charges, in a D.W.I. refusal case where the client was facing a 6 month license suspension;

Secured a Dismissal by the State of a Charge for Driving Under the Influence of Drugs (marijuana), after arguing that the processing Trooper was not qualified to offer Drug Recognition Evaluation testimony;

Secured a Dismissal by the State of both the D.W.I. 2nd Offence and the Civil License Suspension proceeding, where the client's breath test result was .130%;

Secured a reduced charge of Negligent Operation and obtained dismissal of Civil License Suspension charges for a client who was stopped at a police roadblock and later refused to provide a breath test;

Secured a reduced charge of Negligent Operation (30 day license suspension) for a client charged with D.W.I., 3rd offense who was facing a lifetime revocation of her driver’s license;

Secured a dismissal by the State of both the D.W.I. and the Civil License Suspension proceeding;

Secured a reduced charge of Negligent Operation and Judgment in favor of the operator on Civil License Suspension charges for a client charged with D.W.I., 4th offense who was facing lifetime revocation of his driver’s license, and where the client’s breath test result was .19% B.A.C.;

Secured a reduced charge of grossly negligent operation for a client charged with D.W.I., 3rd offense. He was facing lifetime revocation of his driver's license.