The Trial Lawyer Difference

Officer made invalid warrantless arrest for misdemeanor not committed in his presence as single-vehicle accident occurred on private road in gated complex.  Implied consent law did not apply to permit certificate of analysis of breath test to be admitted into evidence.

A blood-alcohol breath test should have been suppressed where a trooper found a man standing in front of his truck; no evidence showed that he was operating the truck when he was approached.

Defendant found drunk and asleep in his car, with key in the ignition in the off position, did not engage the mechanical or electrical equipment of the car; thus, he did not “drive or operate” it and should not have been convicted of drunk driving.

The trial court should have resolved any reasonable doubt as to the sufficiency of the evidence in the injured individual’s favor where the sufficiency of the evidence was challenged by the driver’s motion to strike in the negligence action.

Encounter between defendant and police was not consensual and constituted seizure under the Fourth Amendment. After defendant and companion attempted to avoid police officers, three officers pursued them in unmarked police vehicle, and, inter alia, placed defendant’s keys atop hood of police vehicle and retained them for duration of encounter.

Defendant’s continued detention after he was issued summonses for traffic violations was not supported by probable cause, and was illegal, and defendant’s subsequent inculpatory statements were the fruit of that detention.