Representative Cases

These cases are representative outcomes in actual cases; every case is different, and these should not be viewed as a guarantee, express or implied, of a favorable outcome in every case.

Not Guilty of DUI/DWI

Client stopped for speeding on a rural road early in the morning.  Client allegedly had a  “moderate” odor of alcohol.  Officer had her step out of vehicle to perform standardized field sobriety tests (SFSTs) which he said she did not do to his satisfaction.  Placed under arrest and charged.  At trial challenged the officer on the road side tests and moved to suppress the arrest based upon those SFSTs.  Motion granted, DUI/DWI not guilty.

DUI/DWI Dismissed

Client had been up all night and had two glasses of wine five hours earlier.  Police say he drove erratically, moderate odor of alcohol and appeared unable to comply with simple questions.  Police possibly out of their jurisdiction.  English is client’s second language.  Did not perform roadside tests to police satisfaction.  Arrested, high breath test result.  Client prepared detailed description of what really happened.  Charges dismissed at trial.

Client stopped by State Trooper for crossing centerline

When the officer attempted to perform the Horizontal Gaze Nystgmus  (HGN/”eye check”),  the client explains to the officer (truthfully) that he has a glass eye.  The officer does the HGN anyway, then the client explains to the officer he doesn’t believe he can do the “Walk and Turn” and the “One Leg Stand” because he has no depth perception due to having only one eye.  The officer does not have the client attempt it and decides to arrests him.  The client refuses a breath test.  When the trooper writes his report he apparently cut and pastes the HGN from another report, so that the client’s name was different and indicated results only relevant for someone with two eyes, after having acknowledged the glass eye earlier in the report.  DUI/DWI charges and Reckless Driving charges were not prosecuted.

Client stopped for speeding and unsafe lane change

Police report stated the client had to “climb out of car” and described the client as unsteady on his feet and various “clues” on his performance of Standardized Field Sobriety Tests (SFSTs).  As the attorney I subpoenaed and obtained the dashboard camera video.  Prosecutor had not viewed the video before the trial date; I convinced him to review with me before calling the case for trial. The video clearly showed the client having no difficulty exiting vehicle, the officer making significant errors in his conduct of SFSTs, and the client appeared to not be impaired performing the tests.  DUI/DWI charges dismissed and the client paid for a speeding ticket.

High breath test result not used

Arresting officer followed the client for nearly five miles documenting several traffic violations before attempting to stop them.  The Police Officer kept his microphone activated so that not only the conversation with the client was recorded all the way to police station also the client then asking to use restroom where no one stayed with the client and then the client was immediately given a breath test.  Mandatory observation period was not restarted or documented. 

Charged with DUI-DWI. Not guilty after trial.

Soldier had been drinking and calls wife to bring him home. As they argue, she loses control and runs off the roadway. Wife drops keys and then they change seats so he can help look for the keys, and is in the drivers seat when police arrive.

Argued for dismissal on day of trial. Case dismissed.

Client returning home after a night out with friends and allegedly nearly causes accident with an off-duty state trooper and his wife. Arrested, charged DUI-DWI. Prosecutor files notice for enhanced penalties because of prior DUI twp years prior.

Found not guilty after trial, and we won at the license suspension hearing.

Client stopped by police for allegedly speeding on highway late at night while returning home with his lady. Very upset and vocal with the police. The police dash camera video showed his anger but also showed that the police did a poor job of administering the roadside sobriety tests. Charged with DUI-DWI and refusing the breath test.

not guilty of drunk driving allegations

Client left bar at closing. While driving home she dropped cell phone and swerved slightly when picking it up; stopped by police who said she performed the roadside tests poorly, and charged with drunk driving. All charges dropped before trial.

not guilty of drunk driving allegations

Client with 2 priors, charged with DUI with a very high breath test; charged with a new DUI, also with a very high breath test, before the first one came to trial; although found guilty, received no active incarceration - probation and fine only; driving privileges not suspended.

not guilty of drunk driving allegations

Client barely crossed edge line on interstate when tailgated by police; stopped, police said he failed road side tests, and charged with DUI/DWI; refused breath test; all DWI charges dropped.

not guilty of drunk driving allegations

Client charged with driving while intoxicated following a single car accident; a very high breath test; during trial preparation we discovered the intoximeter (breath testing machine) was out of calibration; all charges dropped.

Not guilty drunk driving - CDL saved

Client with a commercial drivers license (CDL) charged with drunk driving while driving his personal automobile; during trial preparation we discovered the intoximeter (breath testing machine) was out of calibration; charges reduced, preserving his CDL and court imposed probation only.

not guilty of theft of jewelry

Lady accused by mother-in-law of stealing mother-in-law's jewelry while she was acting as a caregiver for her mother-in-law; tried the case before a jury over two days. Jury found her not guilty.

not guilty assault & harassment

Navy veteran charged with harassment and assault by neighbor down the street; Not Guilty after trial; Neighbor then charged client with harassment and misuse of the mails, accusing him of being the source of the numerous magazine subscriptions ordered in neighbors name; prosecutors were anxious to pursue client since they were convinced he was guilty even in the first matter; investigation discovered that the neighbor had ordered the magazines and products himself and blamed client; charges dismissed before trial.

not guilty of armed robbery

Client charged with armed robbery; Not Guilty after a jury trial where the jury found the client was mis-identified as the perpetrator.

what is an acquittal?

An acquittal is a not guilty verdict. To be acquitted of a crime is to be found not guilty.

does an acquittal mean that a person is innocent?

An acquittal means that a jury (or a judge in a bench trial) had reasonable doubt that the accused defendant committed the act that constituted the crime charged.