DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Arresting Police Department: Newport
Date: 12-16-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 12-16-07, at approximately 6:28 P.M., on a snowy winter evening, Defendant was involved in a very low speed rear end accident. Police were called to the scene. The driver of the vehicle that was struck informed the police that the driver and his passenger had “switched places” before the police arrived.
The Newport Police claimed that the “driver” had bloodshot and watery eyes and that his breath smelled of alcohol. The “driver” denied he was driving the car, which was registered to him, at the time of the accident. Additionally, the officer noted that the “driver” had to lean against his vehicle to keep his balance.
While the driver refused to perform any field sobriety tests, nonetheless, he was arrested and charged with driving under the influence of alcohol and obstruction of justice.
Disposition:
On January 16, 2008, after multiple pretrial conference appearances by Attorney Robinson, both charges of driving under the influence of alcohol and obstruction of justice were dismissed.
Arresting Police Department: Bristol
Date: 12-16-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 12-16-07, at approximately 2:47 A.M., Bristol Police observed Defendant driver swerve across the opposite lane of traffic to drop off a passenger. Noting the illegal maneuver, the Bristol Police executed a “routine” motor vehicle stop.
Upon initial contact with the driver, the arresting officer alleged that he immediately detected a strong odor of alcohol coming from the vehicle and that the driver had watery eyes. The driver admitted to having just left a bar after having consumed one beer.
The arresting officer asked the driver to perform multiple attention tasks and administered 3 field sobriety tests, which he claimed the driver failed. The driver was then placed under arrest and charged with drunk driving.
Disposition:
On January 9, 2007, after multiple pretrial conference appearances by Attorney Robinson, the charge of driving under the influence of alcohol was dismissed.
Arresting Police Department: Middletown
Date: 11-5-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 11-5-07, at approximately 2:03 P.M., Middletown Police allegedly observed the Defendant Driver travelling at a high rate of speed. The arresting officer then observed the driver come to an “abrupt halt”, and narrowly avoided an accident.
Upon approaching the vehicle, the arresting officer noted what appeared to be vomit outside of the driver’s door. The officer also described detecting the aroma of alcohol coming from the driver’s breath and described her appearance as having bloodshot and watery eyes with very small pupils. The driver admitted to having a glass of wine with lunch, according to the arresting officer.
The arresting officer administered 4 field sobriety tests, which he claimed the driver failed. The driver was arrested and charged with driving under the influence of alcohol. A search of her vehicle incident to arrest revealed the existence of an empty bottle of wine, along with 2 other full bottles of wine.
Disposition:
On November 23, 2007, after multiple pretrial conference appearances by Attorney Robinson, the charge of driving under the influence of alcohol was dismissed.
Update:
On our client’s behalf, Attorney Robinson filed a “Motion to Expunge” all arrest and/or criminal records related to the charge of drunk driving. On December 11, 2007, a hearing on the “Motion to Expunge” was held. The Department of the Attorney General had no objection to the motion and all arrest records related to the charge of driving under the influence of alcohol were ordered expunged by the Newport County District Court.
Arresting Police Department: Portsmouth
Date: 9-28-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 9-28-07, at approximately 11:53 P.M., Defendant was clocked going 53 m.p.h. in a 25 m.p.h. speed zone. The police officer claimed he observed the driver drift over the double yellow lines on multiple occasions and jerk abruptly over into the breakdown lane. Upon personal contact, the arresting officer alleged that the driver had difficulty finding her license, registration and proof of insurance. The arresting officer also claimed that the driver had a strong odor of alcohol emanating from her breath, and had bloodshot, watery and glassy eyes.
The arresting officer administered 3 field sobriety tests, which he determined the defendant failed. As a result, the driver was arrested and charged with driving under the influence of alcohol.
Disposition:
On October 18, 2007, after multiple pretrial conference appearances by Attorney Robinson, the charge of driving under the influence of alcohol was dismissed.
Update:
On October 18, 2007, on our client’s behalf, Attorney Robinson filed a Motion to Expunge all arrest and/or criminal records related to the charge of drunk driving. On October 29, 2007, a hearing on the Motion to Expunge was held. The Department of the Attorney General had no objection to the motion and all arrest records related to the charge of driving under the influence of alcohol were ordered expunged by the Newport County District Court.
Arresting Police Department: Portsmouth
Date: 9-27-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 9-27-07 at approximately 11:48 P.M., the Portsmouth Police responded to a minor accident. Upon arrival the arresting officer claimed he could detect a moderate aroma of alcohol coming from the defendant’s breath. The arresting officer also claimed that the defendant had bloodshot and watery eyes.
The arresting officer administered 3 field sobriety tests, which he determined the defendant failed. He also administered a portable breath test which purportedly informed the officer that the defendant’s breath alcohol content was .091%, slightly above the legal limit of .08%. As a result, the driver was arrested for driving under the influence of alcohol.
At the station the defendant submitted to a breathalyzer test. The first phase of the test showed the defendant’s blood alcohol content to be .077% (slightly below the legal limit of .08%) and the second phase registered exactly at .08%. As a result, the driver was formally charged with driving under the influence of alcohol.
Disposition:
On November 1, 2007, after multiple pretrial conferences, the driving under the influence charge was amended to reckless driving. The driver entered a plea of no contest to the amended charge, which was filed for 1 year with a $250 donation to the fund of victim contribution. The defendant DID NOT LOSE HIS LICENSE.
Arresting Police Department: Newport
Date: 8-13-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 8-13-07, at approximately 2:38 A.M., Defendant was observed allegedly crossing over the center double yellow lines on multiple occasions. Upon personal contact, the arresting officer alleged that he could smell a strong aroma of alcohol coming from the driver’s mouth, and that the driver slurred his words and often “misspoke”. The driver denied drinking any alcohol.
The arresting officer administered 3 field sobriety tests, which he determined the defendant failed. As a result, the driver was arrested and charged with driving under the influence of alcohol.
Disposition:
On September 12, 2007, after several court appearances, Attorney Robinson persuaded the prosecution to dismiss the charge of driving under the influence of alcohol.
Update:
On our client’s behalf, Attorney Robinson filed a “Motion to Expunge” all arrest and/or criminal records related to the charge of drunk driving. On September 25, 2007, a hearing on the Motion to Expunge was held. The Department of the Attorney General had no objection to the motion and all arrest records related to the charge of driving under the influence of alcohol were ordered expunged by the Newport County District Court.
Arresting Police Department: Middletown
Date: 8-11-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 8-11-07, at approximately 1:49 A.M., Defendant driver was observed parked sideways in a parking lot by the Middletown Police. Specifically, the arresting officer noted that the driver’s vehicle was pulled up over a curb and partially crashed into some bushes. According to the arresting officer, the driver was asleep behind the wheel while the engine was running and the headlights were on.
The driver was “awoken” and denied having anything to drink. Despite her denial, the arresting officer alleged that she had bloodshot and watery eyes and had alcohol emanating from her breath. The arresting officer then administered 3 field sobriety tests, which he claimed the driver failed. As a result, the driver was charged with driving under the influence of alcohol.
Disposition:
After several court appearances by Attorney Robinson, the prosecution dismissed the charge of driving under the influence of alcohol.
Update:
On our client’s behalf, Attorney Robinson filed a “Motion to Expunge” all arrest and/or criminal records related to the charge of drunk driving. On October 2, 2007, a hearing on the Motion to Expunge was held. The Department of the Attorney General had no objection to the motion and all arrest records related to the charge of driving under the influence of alcohol were ordered expunged by the Newport County District Court.
Arresting Police Department: Middletown
Date: 7-30-07
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 7-30-07, an off-duty officer from a neighboring jurisdiction notified the Middletown Police Department of a “suspicious” driver. Shortly thereafter, at approximately 12:15 A.M., Defendant was clocked going 19 m.p.h. in a 35 m.p.h. speed zone by the Middletown Police Department. The police officer claimed he observed the driver cross over the dotted white line and into the passing lane and then returned to the travel lane. The arresting officer alleged that he could detect a strong odor of alcohol emanating from the driver’s breath. The arresting officer also alleged that the driver’s eyes were moderately bloodshot, her speech was mumbled and she constantly looked away from the officer as he asked questions.
The arresting officer administered 5 field sobriety tests, which he determined the defendant failed. As a result, the driver was arrested and charged with driving under the influence of alcohol.
Disposition:
On August 10, 2007, after multiple pretrial conferences, Attorney Robinson negotiated a resolution that included a dismissal of the charge of driving under the influence of alcohol.
Update:
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