Driving Under the Influence and Refusal to Submit to a Chemical Breath Test: Dismissed and Sealed

An Army National Guard Soldier traveling on the wrong side of the road was stopped by police after almost colliding with a police cruiser. The Soldier swerved to avoid the collision, cut across the double yellow line and continued to swerve down the road.
The office did a U-turn, pursued the motorist and executed a motor vehicle stop.

Upon approaching the driver’s side of the vehicle, the officer detected a strong odor of alcohol emanating from the Soldier’s breath. The Soldier’s verbal responses were slowed and his motor skills were delayed. At the officer’s request, the Soldier attempted,
but failed a series of field sobriety tests. Police then placed him under arrest and transported him back to the station where he declined to participate in a chemical breath test. Based on these facts, police charged the Soldier with Driving Under the Influence (DUI) and Chemical Breath Test Refusal.

The Soldier retained Attorney John L. Calcagni III to represent him in connection with these two separate charges each pending in
a different court: District Court and the Traffic Tribunal. Attorney Calcagni successfully negotiated for the Soldier’s acceptance into the Veterans Court Program, which ultimate led to the dismissal of both charges and the matter being sealed from
the Soldier’s record. As a result of this disposition, the Soldier’s military career remains intact.