- Our client was arrested outside his home and charged with OUI and leaving the scene of an accident. He submitted to a breath test which indicated a blood alcohol level of .24 percent. At trial, we successfully argued that the prosecution could not prove that our client had driven while impaired nor that he fled the scene of an accident. The jury acquitted him of all charges.
- Our client was arrested and charged with OUI after submitting to a breath test performed using an Intoxilyzer 8000 breath test machine (the most common testing machine used in most states), which produced a result of .20 blood alcohol level. We successfully persuaded the court to order the prosecution to disclose the source code for the Intoxilyzer 8000, along with other software information, which the manufacturer had previously refused to disclose under the guise of "trade secrets." The prosecution was unable to produce this information and the breath test results were suppressed. The case was dismissed prior to trial.
- In a case in which our client was charged with possession of several controlled substances, the arresting officer lied on the stand during a jury trial. We were able to successfully impeach the officer using his prior testimony. The government immediately dismissed all charges prior to submitting the case to the jury. The police officer was subsequently prosecuted for perjury.
- Our client was pulled over after police received an anonymous phone call alleging that she was speeding. She was arrested and charged with OUI and possession of cocaine. All evidence was suppressed by the court, forcing the government to dismiss the case, after we successfully argued that our client was illegally stopped by the police.
- Our client was found asleep in a parked car with the engine running. He was arrested and charged with OUI. We filed a Motion to Suppress arguing that the client was illegally arrested. The government dismissed the case before the motion was litigated.
- Our client was stopped by police for failure to maintain a single lane and charged with possession of controlled substances and with being a convicted felon in possession of a firearm. All evidence was suppressed by the court after we argued that police had no legal basis to pull him over.
- Police stopped our client outside their jurisdiction. The car was searched and large amounts of drugs were found, resulting in charges of drug distribution. We filed a motion to suppress arguing that police in this case were not in "fresh pursuit," and therefore, lacked legal authority to detain our client outside of their jurisdiction. The court suppressed all evidence and the government appealed the court's ruling. The appellate court agreed with our position and with the trial court's ruling. The case was eventually dismissed.
- In an OUI prosecution, we moved for the suppression of breath test results, arguing that police had improperly coerced our client into taking the breath test by misstating the law. The court suppressed the breath test results and the case was dropped to a minor civil traffic infraction.
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Cunha & Holcomb Attorneys at Law - Boston Family Law Attorney
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