Charge: Operating under the Influence of Alcohol (2nd 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.
Concord 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.
