Secured a transfer to Juvenile Court of DWI and Negligent Driving charges for an 18 year old high school student, with the Defense and the State stipulating to a finding of delinquency and the client being given Court diversion. The charges were dismissed and the records expunged after the client successfully completed a Community Justice program. The State also dismissed the Civil Suspension case just before the hearing date.
March 2021
Secured a Dismissal of Driving Under The Influence Of Marijuana Charge, client agreeing to a traffic ticket for consuming marijuana while driving instead, after arguing that she was illegally ordered out of her car, that there was insufficient evidence that she was actually impaired by marijuana, and that police misconduct rendered her consent to provide a blood sample involuntary.
January 2021
Secured a reduction of Driving Under The Influence Of Drugs charge to Negligent Driving, and dismissal of separate Reckless Endangerment to a Child and Negligent Driving charges, on grounds that the client was not under the influence of marijuana, but instead had suffered a seizure which caused her to lose control of her car.
January 2021
Secured a Dismissal of Driving Under The Influence Of Marijuana Charge, after arguing that the client – who was stopped at a roadblock – was illegally ordered out of her car and that the State could not prove that she was Driving Under the Influence of Marijuana.
July 2020
Secured a Reduction of Driving Under the Influence Charge, 4th Offense - carrying a jail sentence and a potential lifetime license revocation – to Negligent Driving (30 day license suspension), on grounds that the client was illegally stopped simply because she had a rear license plate bracket.
June 2020
Secured Reduction of the Driving Under the Influence of Drugs Charge to Grossly Negligent Driving, and Dismissal of Cruelty to a Child Charge, on grounds that the State lacked sufficient evidence showing that the client was driving under the influence of drugs, and that the police lacked probable cause to arrest him for driving under the influence of drugs.
June 2020
Secured a Dismissal of Driving Under the Influence and Civil License Suspension Charges, on grounds that the Officer lacked reasonable grounds to believe that the client – who was arrested on her ATV – had been driving under the influence.
June 2020
Secured a Reduction of 2 Felony Counts of Grossly Negligent Operation, Serious Injury Resulting, to Misdemeanors, after arguing that the State could not prove beyond a reasonable doubt that the client’s driving was grossly negligent, even though the client lost control in a snowstorm and collided with a vehicle in the opposite lane.
April 2020
Secured a Dismissal of Driving Under The Influence Charge, 2nd Offense, after arguing that the client was illegally questioned and was given an inadmissible preliminary breath test inside of an ambulance which were the basis of a search warrant for the client’s blood. This action saved the client from 18 month license suspension and possible incarceration. Attorney Myerson also secured a Dismissal of the Civil Suspension Case, on grounds that the officer failed to follow mandatory time limits in scheduling the preliminary civil suspension hearing.
April 2020
Secured a Dismissal of Driving Under the Influence and Civil License Suspension charges after arguing that the Officer did not have reasonable suspicion that the client was impaired by marijuana or alcohol so that his order for her to get out of her car was illegal.
February 2020
Secured a Dismissal of the Driving Under The Influence and Civil Suspension Charges, on grounds that the officer did not have reasonable grounds to stop the client’s vehicle after it only touched – but did not cross – the center line.
September 2019
Secured a transfer to Juvenile Court of charges of DWI, Leaving the Scene of an Accident with Property Damage, Felony Eluding of a Police Officer, and Grossly Negligent Driving for a 21 year old college student, with the Juvenile Court granting a motion for the client to be given Youthful Offender Status and placed on Juvenile Probation until age 22. If client successfully completes Probation, his case record would be sealed/expunged. The Court also granted a Motion not to report any conviction for these offenses to the Department of Motor Vehicles, saving the client a nearly 6 month license suspension. In a separate proceeding involving the same client, Attorney Myerson secured a Judgment for the Operator in the Civil Suspension case, on grounds that the Officer's incorrect advice unfairly influenced the client's decision to provide a breath test.
July 2019
Secured a Reduction of the Driving Under the Influence 2nd Offense charge to Grossly Negligent Driving, and judgment for the operator in the Civil Suspension 2nd Offense case, resulting in a reduction of the license suspension from 18 months to 30 days and avoiding possible incarceration, on grounds that the officer lacked probable cause to arrest and to request a breath sample (which was refused)
June 2018
Secured a Judgment Suppressing all Evidence, resulting in Dismissal of the DUI 2nd Offense Charge, and Judgment for the Operator in the Civil Suspension case, on grounds that the tip forwarded to the police, who then "seized" the client while seated in his car outside of a liquor store, was only vague and conclusory, making the subsequent DUI arrest unlawful.
November 2017
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.
