Recent Case Results

NOTE: The full text of these cases which were decided by a written Court Order may be found by clicking here or by selecting Cases of Note under the Recent Cases menu item.

Secured a judgment suppressing evidence of a Refusal to take the breath test, resulting in Dismissal of the Criminal Refusal charge and judgment for the Operator in the Civil Suspension case, in a DUI 2nd Offense, on grounds that the arresting officer - even though he was interrupted by the client - did not completely advise her of the consequences of refusing the breath test where the client was facing a DUI 2nd Offense.
November 2017


Secured a Reduction of the Driving Under the Influence of Marijuana Offense to Reckless Endangerment, resulting in no license suspension, and dismissal of a charge of Negligent Operation, on grounds that the arresting officer lacked a reasonable basis to order the client out of his vehicle, that he lacked probable cause to arrest and to process the client for Driving Under the Influence of Marijuana, and that he failed to obtain a Search Warrant before securing the blood sample.
September 2017


Secured a Judgment suppressing the breath test results and for the operator in the Civil Suspension case, resulting in amending the 2nd Offense DUI to a 1st Offense, on grounds that arresting officer never told the client of his right to an independent blood test.
September 2016


Secured a Deferred sentence on the DUI charge (meaning that if client successfully completes 6 months probation, there will be no DUI conviction and license suspension) , and judgment for the operator in the Civil Suspension case, after arguing that the client was not in actual physical control of her vehicle at the time police arrived, that police had no right to "seize" the client's car, and that the officer interfered with the client's right to a 2nd breath test.
August 2016


Secured a Judgment suppressing all evidence and for the operator in the Civil Suspension case, resulting in dismissal of a felony DUI 3rd Offense (saving the client from a potential lifetime license revocation and possible incarceration), on grounds that the arresting officer lacked reasonable suspicion that the client was under the influence of alcohol before ordering him to get out of his truck.
July 2016


Secured a Judgment suppressing all evidence and for the Operator in the Civil Suspension case, on grounds that the arresting officer lacked reasonable suspicion to stop the client for allegedly making a wide right turn at a busy intersection. State dismissed the DUI charge after appeal.
November, 2015, affirmed on Appeal June 2016


Secured a Judgment suppressing all evidence and for the operator in the Civil Suspension case,resulting in dismissal of a DUI 2nd Offense (saving the client from an 18 month license suspension and possible incarceration), on grounds that the arresting Officer kept the client for too long at the scene before developing reasonable suspicion that he may be under the influence.
February 2016


Secured a reduction of the DUI Offense to Grossly Negligent Driving, and judgment for the Operator in the Civil Suspension, on grounds that the arresting Officer improperly coerced the client in to waiving his right to an attorney.
February 2016


Secured a Judgment Suppressing All Evidence (including a Refusal to take the Evidentiary Breath Test) and for the Operator in the Civil Suspension Case, on grounds that the officer lacked reasonable suspicion to stop the client’s car after passing a snowplow on a snowy mountain road.
May 2015


Secured a Judgment For The Operator In The Civil Suspension in a DUI Second Offense, on grounds that the State could not prove that the client drove his car within 2 hours of the breath test (0.147%), and failed to provide expert testimony establishing the client’s blood alcohol level when he last drove.
May 2015


Secured a Reduction of the DUI Offense to Grossly Negligent Driving, and Judgment for the Operator in the Civil Suspension case, on grounds that the arresting officer lacked reasonable suspicion to stop behind the client’s car which had twice pulled to the side of the road during a snowstorm.
May 2015


Secured a Reduction of a DUI Second Offense to Grossly Negligent Driving and Judgment for the Operator in the Civil Suspension case, (saving the client from an 18 month license suspension and possible incarceration), after arguing that the arresting officer interfered with the client’s right to an independent blood test.
April 2015


Secured a Dismissal of One DUI Charge, Reduction of a Second DUI Charge to Grossly Negligent Driving, and Judgment for the Operator in both Civil Suspension Cases, (saving the client from an 18 month suspension and possible incarceration), where the client had been arrested for separate DUI’s 30 days apart, after arguing in both cases that the client was arrested without probable cause of driving under the influence, and also that there was no probable cause to request a breath test.
April 2015


Secured a Judgment Dismissing the DUI Charge at Arraignment for Lack of Probable Cause, on grounds that the arresting officer’s Affidavit failed to establish the time when the client last drove before his car went off the road.
January 2015


Secured a judgment suppressing a refusal to provide a blood sample and judgment of Civil Suspension in favor of the operator, thereby saving the client from a 6 month license suspension, on grounds that the arresting officer did not secure a valid waiver of the hospitalized client’s right to counsel before refusing the breath test, and even though the officer testified that the client repeatedly denied that he wanted to speak to an attorney.
January 2015


Secured a judgment suppressing the blood test results in a DUI 2nd Offense case, on grounds that the arresting officer lacked specifics concerning the hospitalized client’s injuries and treatment, and relied upon mistaken assumptions regarding diagnostic tests and treatment necessary when he decided to request a blood test, which was sought far too late during the client’s DUI processing.
October 2014


Secured a judgment suppressing the breath test results (0.278%) in the DWI case and judgment of Civil Suspension in favor of the operator, on grounds that the arresting officer failed to advise the client that since he was being detained after his DUI processing, the officer was required to arrange for an independent blood test if the client so wished (instead, the officer simply told the client that he had the right to an independent blood test, if he so desired).
February 2014


Secured a reduction of the underlying DUI 2nd Offense (Drugged Driving) charge to Negligent Operation and judgment in favor of the operator on the Civil Suspension (2nd Offense) proceeding, after the client refused an evidentiary blood test, on grounds that the officer requesting the blood test was not qualified as a Drug Recognition Evaluator (DRE), that there was insufficient evidence that the client was operating under the influence of drugs, and that the refusal to provide a blood sample should be suppressed because the request for a blood test came before instead of after, proper administration of the requisite 12 step DRE protocol.
January 2014


Secured a Judgment Suppressing All Evidence, followed by an Order of Dismissal, in a DUI 4th Offense case, thereby saving the client from a mandatory minimum of 192 consecutive hours of imprisonment and a lifetime license revocation, on grounds that the arresting officers acted unlawfully in ordering the client to show his hands and submit to handcuffing, without even suspicion of wrongdoing, the trial judge agreeing that the officers’ actions constituted a de facto arrest without probable cause.
February 2013


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 aReduced 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 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 Suspensionproceeding, 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 withD.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.

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