Middlesex County Cases & Verdicts

Charge:   Operating Under the Influence

Result:  Not Guilty on OUI and Not Guilty on .08 per se violation

Client crashed into a snow bank on a dark rural road in Littleton.  The weather was very cold.  The police arrived and observed client standing next to the vehicle.  Police observed operator to be unsteady on his feet, bloodshot and glassy eyes and slurred speech.   Client was asked to perform field sobriety tests and complied with the request.

Walk and Turn: client failed to maintain required stance, took nine steps touching his heel to toe and spun around on the turn and returned 9 steps touching heal to toe.  Client did however raise his arms away from this side.

One Leg Stand: began when instructed and started counting at 9 one thousand and then continued to 24 placing his foot down and then went to 34 and then stopped.

Due to performance on tests the officer deemed my client to be intoxicated and placed him under arrest.  He was transported to the police station for booking.  Client consented to the breath test with a reading of .15.

On cross-examination several issues were raised about the performance on the field tests and the time of the client operated his motor vehicle in relation to the arrival of the police.  Client hired an expert to educate the Jury about the technology of the breath testing device and its application to the client and his reading.

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Charge:  Operating under the Influence of Alcohol

Result:  Not Guilty

Police had been dispatched for a report of a verbal altercation.  Police observed female walking down road with car following her.  Police asked my client to pull over and exit vehicle and engaged client in conversation about what had transpired.  Client told police he had gotten into an argument with his girlfriend.  Officer observed the client to have a strong odor of alcohol, swaying back and forth appearing unsteady on his feet.

Client agreed to perform field sobriety tests and failed all tests.  Client was placed under arrest and brought to station for booking.  Declined to take Breath Test.  The booking was videotaped and appeared to be balanced and mentally clear throughout the booking procedure.  The video created enough doubt to believe he was impaired by alcohol.

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Charge:  Operating under the Influence of Alcohol (2^nd Offense)

Result:  Not Guilty

Client was stopped by the Concord Police for cutting out of a left turn lane at the last minute and for sitting at a green light for a delayed period of time.  Officer asked the client for license and registration, which he produced and answered the officer’s questions.  The officer asked client to exit his motor vehicle and perform three field sobriety tests: the walk and turn, one leg stand and the alphabet test.  Officer testified that the client failed the walk and turn and the one leg stand.

On cross-examination, it was revealed that the client traveled some distance, approximately ¾ of mile with no motor vehicle infractions.  Client pulled over in an appropriate manner.  There was no testimony from the officer about the amount of alcohol the client consumed.  Moreover, the at least one of the field tests was done in the middle of the roadway on the center yellow line.  Finally, the officer completely forgot that he had given the client the alphabet test, which was the only test that the officer states client had passed.

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