Case Results – 2013

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jan 04, 2013

  Outcome: DWI Dismissed

  Description: Retired printer client charged with DWI [2nd Offense] with blood BAC evidence. Pretrial motion to suppress blood evidence granted. DWI Dismissed based on no SFST evidence.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jan 08, 2013

  Outcome: DWI Dismissed

  Description: Pilot client charged with DWI [1st Offense], with improper use of high beams and unsafe lane change allegations. Motion to Suppress Alcotest readings granted. Directed verdict of Not Guilty on DWI based on lack of observations evidence.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jan 08, 2013

  Outcome: DWI Dismissed

  Description: DJ client charged with DWI [2nd Offense], with careless driving and unsafe lane change allegations. Motion to Suppress Alcotest readings granted. Directed verdict of Not Guilty on DWI based on Defendant’s medical history and observations.

• DWI and Refusal Charges; DWI and Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Jan 10, 2013

  Outcome: DWI and Refusal Dismissed

  Description: Disabled client charged with DWI and Refusal to Submit to Alcotest [1st Offenses] with broken brake light. Refusal Dismissed on Defendant’s motion and DWI Dismissed on State’s motion. No SFSTs or admissions.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jan 10, 2013

  Outcome: DWI Dismissed

  Description: Pharmacist client charged with DWI [1st Offense] and traffic offenses. DWI Dismissed on State’s motion. Low BAC result.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jan 15, 2013

  Outcome: DWI Dismissed

  Description: Nurse client charged with DWI [1st Offense], Reckless Driving, and equipment violations. DWI Dismissed based on below per se BAC limit.

• DWI, DWI in School Zone, Reckless Driving Charges; DWI in School Zone and Reckless Driving Dismissed

  Practice Area: DUI & DWI

  Date: Jan 23, 2013

  Outcome: DWI in School Zone and Reckless Driving Dismissed

  Description: Foreign born client charged with [1st Offenses] DWI, DWI in School Zone, and Reckless Driving. DWI Alcotest results were suppressed based on 2 machines used and 2 minute lockout issue. DWI in School Zone and Reckless Driving Dismissed.

• DWI, DWI in School Zone, and Refusal; DWI and DWI in School Zone Dismissed

  Practice Area: DUI & DWI

  Date: Feb 06, 2013

  Outcome: DWI and DWI in School Zone Dismissed

  Description: Tax professional client charged with DWI, DWI in a School Zone, and Refusal to Submit to Alcotest. DWI and DWI in School Zone Dismissed based on client’s witnessed, documented, and reported medical issue.

• DWI and Refusal Charges; Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Feb 22, 2013

  Outcome: Refusal Dismissed

  Description: IT professional client charged with DWI and Refusal [1st Offense]. Refusal Dismissed based on repeated breath attempts and medical issues.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Feb 26, 2013

  Outcome: DWI Dismissed

  Description: Pharmacist client charged with DWI [1st Offense]. DWI Dismissed based on below per se limit Alcotest result and physical limitations during psycho-physical test [“SFSTs’] phase.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Mar 06, 2013

  Outcome: DWI Dismissed

  Description: Dispatcher client charged with DWI [2nd Offense]. Case scheduled for trial. Motion to Suppress Alcotest granted. No field sobriety testing [SFSTs]. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Mar 11, 2013

  Outcome: DWI Dismissed

  Description: Writer client charged with DWI [1st Offense], Leaving Scene of Accident, and Reckless Driving. Intervening time between operation/accident and police interaction with client. DWI Dismissed.

• DWI and Refusal Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Mar 13, 2013

  Outcome: DWI Dismissed

  Description: Business manager client charged with DWI and Refusal to Submit to Alcotest [1st Offenses] after traffic stop. DWI Dismissed based on SFST results and prior, documented orthopaedic issues.

• DWI and Underage DWI Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Mar 25, 2013

  Outcome: DWI Dismissed

  Description: Student client charged with DWI and Underage “Baby” DWI [1st Offenses]. DWI Dismissed based on borderline BAC results.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Mar 21, 2013

  Outcome: DWI Dismissed

  Description: Home care attendant client charged with DWI [2nd Offense]. .00% BAC. Toxicology report lack quantified test result. Inconsistencies in the DRE evaluation and toxicology report. DWI Dismissed.

• Child Endangerment, DWI and Refusal Charges; Refusal Dismissed; Child Endangerment Diverted

  Practice Area: DUI & DWI

  Date: Mar 28, 2013

  Outcome: Refusal Dismissed; Child Endangerment Diverted

  Description: Radiology technician client charged with Child Endangerment, DWI and Refusal to Submit to Alcotest [1st Offenses]. Refusal Dismissed due to attempted breath samples and communication issues. Child Endangerment diverted through Pre-trial Intervention Program [“PTI”].

• DWI and Refusal Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Apr 18, 2013

  Outcome: DWI Dismissed

  Description: Truck driver client was charged with DWI and Refusal to Submit to Alcotest [1st Offenses] following a suspected motor vehicle accident. DWI Dismissed based on medical issues and potential accident relating to observations.

• DWI, Leaving Scene of Accident, Driving While Suspended; DWI and Driving While Suspended Dismissed

  Practice Area: DUI & DWI

  Date: Apr 24, 2013

  Outcome: DWI and Driving While Suspended Dismissed

  Description: Used car salesman client was charged with DWI [3rd Offense], Driving While Suspended, and Leaving the Scene of Accident. Blood test case. DWI Dismissed based on age of case, discovery, and witness issues.

• DWI and Refusal Charges; DWI and Refusal Dismissed

  Practice Area: DUI & DWI

  Date: May 02, 2013

  Outcome: DWI and Refusal Dismissed

  Description: Designer client charged with DWI and Refusal [1st offenses]. Abbreviated standard field sobriety tests and Alcotest short breath samples due to documented medical issues which required surgical intervention. DWI and Refusal Dismissed.

• DWI and DWI with Minors in Car Charges; DWI and DWI with Minors in Car Dismissed

  Practice Area: DUI & DWI

  Date: May 15, 2013

  Outcome: DWI and DWI with Minors in Car Dismissed

  Description: Business consultant client charged with DWI and DWI with Minors in Car [1st Offenses]. Directed verdict of Not Guilty in connection with DWI and DWI with Minors in Car based on below per se BAC limit and documented medical issues regarding balance.

• DWI, Underage DWI, Reckless Driving; DWI and Reckless Driving Dismissed

  Practice Area: DUI & DWI

  Date: May 23, 2013

  Outcome: DWI Dismissed; Reckless Driving Dismissed

  Description: Student client charged with DWI, Underage “Baby” DWI, and Reckless Driving among other tickets. Below per se BAC. DWI Dismissed. Reckless Driving Dismissed.

• DWI and Refusal Charges; Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Jun 04, 2013

  Outcome: Refusal Dismissed

  Description: Contracting estimator client charged with DWI and Refusal [1st offenses]. Alcotest issues included some short breath samples, recent documented dental treatment, and standard statement requirement. Directed Verdict of Not Guilty for Refusal.

• DWI, Refusal and Criminal Charges; Refusal and Criminal Charges Dismissed

  Practice Area: DUI & DWI

  Date: Jun 11, 2013

  Outcome: Refusal and Criminal Charges Dismissed

  Description: Construction worker client charged with DWI and Refusal [1st offenses] and criminal offenses. Discovery issue regarding MVR evidence. Refusal issues included confusion doctrine and client partially reading standard statement. Directed Verdict of Not Guilty for Refusal. Criminal Charges Dismissed.

• DWI, Baby DWI, and Reckless Driving Charges; DWI and Reckless Driving Charges Dismissed

  Practice Area: DUI & DWI

  Date: Jun 11, 2013

  Outcome: DWI and Reckless Driving Charges Dismissed

  Description: College student client charged with DWI, Underage “Baby” DWI, and Reckless Driving [1st Offenses]. Single car accident with no SFSTs and blood chemical test only. Motion to Suppress blood test result. DWI and Reckless Driving Charges Dismissed.

• DWI, DWI in School Zone, and Refusal Charges; DWI in School Zone and Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Jun 13, 2013

  Outcome: DWI in School Zone and Refusal Dismissed

  Description: Unemployed client with a documented history of traumatic brain injury charged with DWI, DWI in School Zone, and Refusal to Submit to Alcotest [1st Offenses]. State v. Leavitt confusion doctrine defense regarding Refusal. DWI in School Zone and Refusal Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jun 17, 2013

  Outcome: DWI Dismissed

  Description: Student client charged with DWI [1st Offense] and suspected equipment violations. DWI dismissed for lack of probable cause.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Jun 27, 2013

  Outcome: DWI Dismissed

  Description: Customer service industry client charged with DWI [1st Offense] following an inoperable motor vehicle situation. DWI Dismissed based on operation and breath test timing issues.

• DWI, Leaving Scene of Accident, Underage DWI; DWI and Leaving Scene of Accident Dismissed

  Practice Area: DUI & DWI

  Date: Jun 26, 2013

  Outcome: DWI and Leaving Scene of Accident Dismissed

  Description: Underage client charged with, among other offenses, DWI [1st Offense], Leaving Scene of Accident and Underage “Baby” Drinking and Driving. DWI and Leaving Scene of Accident Dismissed along with other dismissals and amended charges due to operation and intervening consumption issues.

• DWI and DWI in School Zone; DWI and DWI in School Zone Dismissed

  Practice Area: DUI & DWI

  Date: Jul 02, 2013

  Outcome: DWI and DWI in School Zone Dismissed

  Description: Consumer products industry client charged with DWI and DWI in School Zone [1st Offenses]. Below borderline per se BAC limit and documented orthopaedic issues. DWI and DWI in School Zone Dismissed.

• DWI and Refusal Charges; Refusal Charge Dismissed

  Practice Area: DUI & DWI

  Date: Jul 09, 2013

  Outcome: Refusal Charge Dismissed

  Description: Postal worker client charged with DWI and Refusal to Submit to Alcotest [1st Offenses] after vehicle breakdown. Directed Verdict of Not Guilty on Refusal Charge based on confusion and failure to read second portion of standard statement [paragraph 36] after ambiguous response to submit to breath testing.

• DWI and Refusal Charges; Refusal Charge Dismissed

  Practice Area: DUI & DWI

  Date: Jul 16, 2013

  Outcome: Refusal Dismissed

  Description: Student client charged with DWI and Refusal to Submit to Alcotest Charges [1st Offenses]. Refusal Charge Dismissed based on old standard statement “Paragraph 36” form read to client and client’s 2 short sample attempts to comply.

• DWI and Refusal Charges; Refusal Charge Dismissed

  Practice Area: DUI & DWI

  Date: Jul 22, 2013

  Outcome: Refusal Charge Dismissed

  Description: Civil servant client charged with DWI [2nd Offense] and Refusal to Submit to Alcotest [1st Offense] following an accident. Refusal Charge Dismissed per State v. Burroughs.

• Shoplifting Charge; Shoplifting Dismissed

  Practice Area: Criminal Defense

  Date: Jul 29, 2

  013Outcome: Shoplifting Dismissed

  Description: Student client charged with Shoplifting [1st Offense]. Shoplifting Dismissed for lack of prosecution.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Aug 06, 2013

  Outcome: DWI Dismissed

  Description: Underwriter client charged with DWI [1st Offense] after minor accident. DWI Dismissed due to low BAC and SFST results.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Aug 07, 2013

  Outcome: DWI Dismissed

  Description: Nurse client charged with DWI [1st Offense] following 911 call for erratic driving. Borderline BAC and documented medical issues regarding SFSTs.

• DWI and Criminal DUI Charges; DWI and Criminal DUI Charges Dismissed

  Practice Area: DUI & DWI

  Date: Aug 08, 2013

  Outcome: DWI and Criminal DUI Charges Dismissed

  Description: Telecommunications executive client charged with DWI [1st Offense] and Criminal DUI Charges after sleeping in parked car. No BAC and toxicology consistent with medical/psychological defense. DWI and Criminal DUI Charges Dismissed.

• DWI and Refusal Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Aug 12, 2013

  Outcome: DWI Dismissed

  Description: Video surveillance specialist client charged with DWI and Refusal to Submit to Alcotest [1st Offenses]. Directed verdict of Not Guilty on DWI Charge due to lack of erratic driving and inconclusive SFSTs. DWI Dismissed.

• DWI, Refusal, and Criminal Charges; DWI and Criminal Charges Dismissed

  Practice Area: DUI & DWI

  Date: Aug 09, 2013

  Outcome: DWI and Criminal Charges Dismissed

  Description: Property manager client charged with DWI and Refusal to Submit to Alcotest [2nd Offenses] and Criminal complaint. Directed verdict of Not Guilty on DWI Charge due to no observed driving, no admission of alcohol consumption, no SFSTs performed, and documented diabetic history. DWI and Criminal Charges Dismissed.

• DWI and Refusal Charges; DWI and Refusal Charges Dismissed

  Practice Area: DUI & DWI

  Date: Aug 14, 2013

  Outcome: DWI and Refusal Charges Dismissed

  Description: Roofer client charged with DWI and Refusal Charges [1st Offenses]. No operation. No SFSTs. No admissions. No probable cause. Possible other operator of motor vehicle. DWI and Refusal Charges Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Aug 28, 2013

  Outcome: DWI Dismissed

  Description: Finance background client charged with DWI [1st Offense] following a traffic violation. DWI Dismissed based on below per se level BAC. Directed verdict of Not Guilty for DWI.

• DWI, DWI in School Zone, Refusal Charges; DWI in School Zone and Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Sep 04, 2013

  Outcome: DWI in School Zone and Refusal Dismissed

  Description: Corporate Director client charged with DWI, DWI in School Zone, and Refusal to Submit to Alcotest [1st Offenses]. DWI in School Zone and Refusal Dismissed due to no proof of manner of refusing.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Sep 09, 2013

  Outcome: DWI Dismissed

  Description: Operations manager client charged with DWI [2nd Offense] following a motor vehicle accident. Blood test case. No SFSTs. No search warrant. Case set for trial. DWI Dismissed based on missing witnesses and documented discovery for the state’s case.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Sep 12, 2013

  Outcome: DWI Dismissed

  Description: Crane operator client charged with DWI [1st Offense]. Borderline BAC. Better than average SFSTs. 25 minute observation issue. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Sep 18, 2013

  Outcome: DWI Dismissed

  Description: Insurance industry client charged with DWI [1st Offense] after speeding allegation. Motor vehicle operation defense issue. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Oct 01, 2013

  Outcome: DWI Dismissed

  Description: Student client charged with DWI [1st Offense] after traffic stop. No DRE. No BAC. Non-quantitative urine test. DWI Dismissed.

• DWI and Refusal Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Oct 10, 2013

  Outcome: DWI Dismissed

  Description: Education services client was charged with DWI [2nd Offense] and Refusal [2nd Offense]. Minimal admissions. SFSTs performed well. DWI Dismissed.

• DWI and Refusal Charges; DWI and Refusal Charges Dismissed

  Practice Area: DUI & DWI

  Date: Oct 22, 2013

  Outcome: DWI and Refusal Charges Dismissed

  Description: Student client charged with DWI and Refusal to Submit to Alcotest [1st Offenses] after a domestic violence incident. Motor vehicle operation issue. DWI and Refusal Charges Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Oct 24, 2013

  Outcome: DWI Dismissed

  Description: Corporate employed client charged with DWI [1st Offense] after traffic stop. DWI Dismissed based on speedy trial and discovery issues.

• DWI and Refusal Charges; Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Oct 31, 2013

  Outcome: Refusal Dismissed

  Description: Car dealer client charged with DWI [1st Offense] and Refusal to Submit to Alcotest [1st Offense]. Refusal Dismissed based on breath tests given, one test collected, and medical issues.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Nov 12, 2013

  Outcome: DWI Dismissed

  Description: Corporate employed client charged with DWI after traffic stop. DWI Dismissed based on inconsistencies with SFSTs and Alcotest results.

• DWI and Refusal Charges; DWI and Refusal Dismissed

  Practice Area: DUI & DWI

  Date: Nov 15, 2013

  Outcome: DWI and Refusal Dismissed

  Description: Public sector employed client charged with DWI and Refusal [1st Offenses] following a motorcycle accident. DWI and Refusal Dismissed based on injuries and medical issues following accident.

• DWI and Refusal Charges; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Nov 18, 2013

  Outcome: DWI Dismissed

  Description: Plant salesman client charged with DWI and Refusal to Submit to Alcotest following a noise complaint. Issues as to operation of motor vehicle. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Nov 19, 2013

  Outcome: DWI Dismissed

  Description: Fitness trainer client charged with DWI. Open container of alcohol in vehicle. SFST and admission issues and missing per se witness. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Nov 26, 2013

  Outcome: DWI Dismissed

  Description: DJ client charged with DWI after roll over accident. Below per se level BAC after issues with initial Alcotest processing. DWI Dismissed.

• 2 DWI Charges; 1 DWI Dismissed

  Practice Area: DUI & DWI

  Date: Nov 25, 2013

  Outcome: DWI Dismissed

  Description: Disabled client charged with DWI after a DWI arrest. No SFSTs, initial Alcotest problems, and possible operation issues. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Dec 04, 2013

  Outcome: DWI Dismissed

  Description: Software engineer client charged with DWI after traffic stop. Below per se level BAC. Inconclusive SFSTs. DWI Dismissed.

• DWI Charge; DWI Dismissed

  Practice Area: DUI & DWI

  Date: Dec 18, 2013

  Outcome: DWI Dismissed

  Description: Scientist client charged with DWI 30 years ago. DWI Dismissed after 30 year warrant status.

• DWI, Refusal and Criminal Charges; DWI and Criminal Charges Dismissed

  Practice Area: DUI & DWI

  Date: Dec 12, 2013

  Outcome: DWI and Criminal Charges Dismissed

  Description: Fire fighter client charged with DWI, Refusal to Submit to Alcotest, and Criminal Assault by Auto. Documented medical history and no injuries to victim. DWI and Criminal Charges Dismissed.