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Case Results

Following exclusion of post-arrest statements and breathalyzer test, case dismissed

May 2018

May 30, 2018, Brighton District Court case no. 1708CR00113 charging operating under the influence (DWI/OUI). Police arrested our client after observing him swerving and driving well under the speed limit (25 in a 40). He failed field sobriety tests, admitted to drinking, then failed the breathalyzer. We filed a motion to suppress, arguing that our client did not consent to the breathalyzer and did not voluntarily waive his Miranda rights. Following a hearing, the Court excluded our client's post-arrest statements and excluded the breathalyzer test from evidence. On 5/30/18, we appear for trial. The trooper does not. Case dismissed.

Practice area(s): DUI / DWI, Federal Crime, Constitutional Law

Daryl Zules

Founder, Erkan & Associates, LLC Rising Star. Daryl K. Zules is an attorney licensed to practice in the courts of the Commonwealth of Massachusetts, the State of New York, and theUnited States District Court, District of Massachusetts. Prior to joining the Firm, she served as a public defender ...

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