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.
Littleton MA DUI OUI DWI lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Middlesex County including including Acton, Arlington, Ashby, Ashland, Ayer, Bedford, Belmont, Billerica, Boxborough, Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Everett, Framingham, Groton, Holliston, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Lowell, Malden, Marlborough, Maynard, Medford, Melrose, Natick, Newton, Auburndale, Chestnut Hill, Newton Centre, Newton Highland, Newton Lower Falls, Newton Upper Falls, Newtonville, Nonantum, Thompsonville, Waban, North Reading, Pepperell, Reading, Sherborn, Shirley, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Wayland, Cochituate, Westford, Weston, Wilmington, Winchester, and Woburn.
