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OUI, DUI, Drunk Driving Defense Cases

OUI NOT GUILTY VERDICT
Fitchburg District Court 7/31/17

Lunenburg police observe client speeding at 2:30 am. After pulling client over, officer smells alcoholic beverages coming from the vehicle and observes bloodshot and glassy eyes. Client admits to “a couple beers” but is unsure where she came from or where headed. Client ultimately admits coming from a bar followed by a house party. Upon exiting her vehicle, client fails to shut off the car as directed and stumbles and staggers. Client fails the HGN test and the breathalyzer blowing a .17.

OUI NOT GUILTY VERDICT
Fitchburg District Court 6/09/17

On January 1 at 3:00 am, Westminster police observe client speeding and weaving. Police also observe client braking repeatedly for no apparent reason. When signaled to pull over, client strikes the curb. Client has difficulty producing requested paperwork, has bloodshot, glassy eyes and slurred speech. Client admits to drinking that evening. Client fails the HGN, walk and turn, one-leg stand and alphabet tests. Client blows a .107 on the preliminary breath test and at the station a .117 on the breathalyzer.

OUI NOT GUILTY VERDICT
Fitchburg District Court 6/05/17

Lunenburg police observe a jeep kick up a huge cloud of dust as its two right tires cross completely over the solid white breakdown lane line and travel off the roadway nearly striking a fence at 1:47am. The jeep drifts back across the solid white line and reenters its lane and then drifts across solid double yellow lines and into the opposite lane of travel where two other vehicles are oncoming. Police quickly signal for the jeep to pull over in order to avoid a collision. Police observe client to have an odor of an alcoholic beverage, bloodshot, glassy eyes and slurred speech. Client has difficulty producing a registration and provides an excise bill instead. Client apologizes and states numerous times that he had too much to drink. Client is unsteady getting out of the jeep and uses the door to steady himself. When asked by police what “too much” means, client states “5 to 6 beers too much”. Police search jeep and find a large number of empty beer cans as well as two full beers in a cooler on the front seat. During booking, client makes numerous statements apologizing for being drunk.

OUI NOT GUILTY JURY VERDICT
Lowell District Court 5/23/17

State police were dispatched to a two-car collision on Route 3 southbound in Tyngsborough at 2:43 am. On arrival, police observe client outside of her heavily damaged brand new car (later deemed totaled). The other vehicle sustained rear-end damage. Client is unsteady on her feet and has glassy, bloodshot eyes and a strong odor of an alcoholic beverage coming from her mouth. Client states she does not remember where she was prior to the crash, but that she fell asleep at the wheel. Client admits to two drinks during the night. Client fails the HGN, walk and turn and one-leg stand tests. Client blows a .134 on the preliminary breath test. During booking, client submits to the breathalyzer and blows a .11.

OUI NOT GUILTY VERDICT
Fitchburg District Court 5/04/17

An off-duty Leominster police officer observes a Mercedes pulled off Wachusett street with its right directional blinking and the driver slumped over the steering wheel. Checking on his well-being, the officer finds the driver to be incoherent and calls for an ambulance and police backup. While waiting for assistance to arrive, the off-duty officer observes open 40-ounce beer bottles on the front passenger seat. When asked if he knew where he was, driver states “I am doing High street next”. When asked what he was doing on High street the driver states “delivering oil”. After being reminded by the officer that he is in a car and not an oil truck, the driver places the running Mercedes into drive and attempts to leave. The officer displays his badge and orders the driver to shut off the car. The driver then has difficulty producing his license. An on-duty Leominster officer responds and asks the driver whether he had anything to drink and the driver responds that had a couple beers. The driver is hard to understand and has bloodshot glassy eyes and is unsteady as he exits the car. Driver fails the HGN test, one-leg stand test (puts his foot down at 2 and only counts aloud to 9 and then says “30”) and the walk and turn test. During booking, driver admits to drinking a 40 ounce beer and consents to take a breath test blowing a .28.

OUI NOT GUILTY JURY VERDICT
Ayer District Court 1/04/17

Ashby police are dispatched to motor vehicle accident at 12:50 am. On arrival police observe two occupants in a car crashed into a tree stump. Client is still in the driver seat and his girlfriend is in the front passenger seat. The girlfriend has blood on her arm and mouth and a broken arm. Client has blood on his arm and a lump on his forehead. Both airbags deployed and the steering wheel is bent forward. The car is deemed totaled by the police at the accident scene. Police smell a strong odor of alcoholic beverage coming from client’s breath. His words are mumbled and eyes red and glossy. Client tells police the crash was due to the consumption of alcoholic beverages and admits he was coming from a bar in Fitchburg. Police use the jaws-of-life to extricate the girlfriend from the car. Client exits the car and is unsteady on his feet and uses the car to balance himself. Client is unable to touch the tip of a pen with his index finger and fails the HGN test. Client fails the one-leg stand test on three different attempts and is only able to hold his leg up for one second before putting it down on each try. Client fails the walk and turn test, raising his arms for balance, not touching heel to toe and taking the wrong number of steps as well as not turning properly. Police follow up with client at the hospital where he is taken for treatment. Client consents to a blood test hours after the accident which results in a reading of .155 and .157. After being released from the hospital, the police place client under arrest and transport for booking where he registers a .11 breathalyzer reading several hours after the accident.

OUI NOT GUILTY VERDICT
Waltham District Court 10/5/16

Watertown police are dispatched to motor vehicle accident at 3:39 am on a Thanksgiving morning. Police observe client’s vehicle on its side and another parked vehicle with extensive front-end damage caused by being struck by client’s Jeep. Police detect strong odor of alcoholic beverage inside client’s Jeep and on her breath, along with very bloodshot eyes and dilated pupils. Client admits to having drunk two glasses of wine. Client fails walk and turn test and blows a preliminary breath test of .179. During booking police find an empty whisky bottle and Amphetamines in client’s purse. Police observe client is still wearing an entry wristband from a local bar. Client admits to having been at the bar prior to the crash. Police observe client unsteady on her feet throughout booking.

OUI – MOTION TO SUPPRESS ALLOWED
CASE DISMISSED
CLIENT’S LICENSE REINSTATED IMMEDIATELY
Orange District Court 08/16/16

OUI DRUGS – COMPLAINT DOES NOT ISSUE
Orange District Court 8/10/16

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
FAILURE TO USE CAUTION WHEN STARTING– NOT RESPONSIBLE
Fitchburg District Court 6/1/16

Fitchburg police are dispatched to a two car accident on the Water Street bridge at 10:38 on a Saturday night. Operator #1 states she was making a left turn onto the bridge when the client failed to stop at a yield sign and struck her vehicle.  While arguing with police that she was not at fault, client nearly falls over and has to be stabilized by police.  Police observe client to have glassy, bloodshot eyes and emit a strong odor of an alcoholic beverage coming from her person.  Client denies drinking alcohol, then admits to drinking wine earlier that day.  Client becomes increasingly difficult to deal with while being placed under arrest and during booking.  Client admits to drinking during the afternoon and evening at booking and states “I’m under the influence”.  Client is observed to be very unsteady on her feet and nearly falls multiple times at booking.

OUI – NOT GUILTY JURY VERDICT
PASSING VIOLATION – NOT RESPONSIBLE
MARKED LANES VIOLATION – NOT RESPONSIBLE
SPEEDING – RESPONSIBLE
Fitchburg District Court 3/23/16

State Police patrolling Route 2 eastbound at 9:45 pm on a Friday night observe a pickup drive over the center line rumble strip three times and then proceed to pass vehicles at speeds of 92 mph while still in the right (slow) lane.  After stopping the truck, trooper observes client to have glassy eyes, a moderate odor of alcohol and to react slowly.  Trooper also observes a twelve pack of beer on the passenger seat next to client.  Client admits to drinking two beers.  Client fails the HGN, walk and turn and one-leg stand tests.  Client’s preliminary breath test is a .10.

OUI – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – GUILTY
SPEEDING – RESPONSIBLE
MARKED LANES VIOLATION – NOT RESPONSIBLE
LICENSE NOT IN POSSESSION – NOT RESPONSIBLE
Orange District Court 3/2/16

Police in Orange are dispatched to a motor vehicle accident. Upon arrival police observe a Chevy Blazer off the road. Witnesses describe hearing the Blazer accelerate and seeing it travel from 70 – 100 mph before crashing. Police find client standing near the Blazer. Client admits to driving. Police detect odor of alcoholic beverage coming from client’s mouth along with glossy, blood shot eyes, slurred speech and a flushed face. Witnesses tell police that shortly after accident, client stated he was drunk and was going to be arrested. Client admits to drinking three to four beers between his shop and a bar. Client tells police he probably should not be driving. Client later states he only had two beers during booking. Police seize an empty can of Twisted Tea and an empty nip bottle of hard liquor from the interior of the Blazer.

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT
LEAVING SCENE PROPERTY DAMAGE – GUILTY 6 MONTHS 

ADMINISTRATIVE PROBATION
Fitchburg District Court 2/24/16

Client rear-ends a family occupied minivan in a school zone and fails to stop. Driver of minivan follows client who drives down several streets in an apparent attempt to evade.  Client pulls into his residential parking lot and is confronted by driver of minivan.  Police are called and respond after client runs into his residence.  Police speak with occupants of the minivan in addition to an independent witness and all identify client as driver.  Police seek out client in his apartment and detect the strong odor of alcoholic beverage on client’s breath, slurred speech, glassy, bloodshot eyes and staggering gait.  Client repeatedly admits and denies both driving his vehicle and consuming alcohol.

OUI SECOND OFFENSE – NOT GUILTY VERDICT
NEGLIGENT OPERATION – CWOF
MARKED LANES – NOT RESPONSIBLE
SPEEDING – NOT RESPONSIBLE
East Brookfield District Court 12/7/15

Hardwick police respond to motor vehicle accident at 11:12 pm and find client’s truck stuck in a snowbank. Client is observed trying to clear snow away from tires and attempts to avoid acknowledging police arrival on scene. Client admits driving the truck and drinking “a beer or two” with slurred, mumbling speech. Police observe client is unsteady on his feet, has bloodshot eyes and an odor or alcoholic beverage coming from his mouth. Police investigation reveals 220 feet of skid marks to point of crash. Police find keys on client during a pat-frisk as well as a 12 pack with 7 remaining beers in the truck. Client refuses to perform sobriety tests, states “what’s the point?” turns around and puts hands behind back.

OUI DRUGS
CONVERTED TO NEGLIGENT OPERATION AND
CONTINUED WITHOUT A FINDING FOR 6 MONTHS
Leominster District Court 12/3/15

State Police observe client passing other cars on Route 2 and clock defendant at 86 mph while crossing over into other travel lane 3 times. Trooper smells overwhelming odor of freshly burnt marijuana coming from inside client’s vehicle. Client has great difficulty retrieving his license from wallet and drops it when handing it over. Client has extremely bloodshot eyes. Client admits to having just smoked marijuana and having some with him in the vehicle. Client is very unsteady on his feet and fails the walk and turn and one-leg stand tests.

OUI NOT GUILTY JURY VERDICT
FAILURE TO STOP FOR RED LIGHT – NOT RESPONSIBLE
FOLLOWING MOTOR VEHICLE TOO CLOSELY – NOT RESPONSIBLE
Fitchburg District Court 12/2/15

Client rear-ends another vehicle that had stopped for a traffic light. Fitchburg police observe slurred speech, glassy eyes and the odor of an alcoholic beverage while speaking with client. Client appears confused as to why accident occurred. Client admits to drinking 2 or 3 beers. Client is unsteady on his feet and grabs bed of his truck to maintain balance. Client fails one-leg stand, walk and turn, touch nose and HGN tests. Police find one open and recently consumed can of beer in center console and another empty beer can in the back of client’s truck along with a bag of marijuana.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court 8/5/15

Fitchburg police observe client swerve into opposite lane at 1:14 a.m. Police follow and observe client swerve into oncoming lane four more times. After being signaled to stop, client pulls over striking curb. Police smell odor of alcoholic beverage coming from client along with observing dilated, glassy bloodshot eyes and slurred speech. Client denies drinking and staggers from vehicle upon exiting. Client fails alphabet, one-leg stand and walk and turn tests. Police find a bag of marijuana in the center console.

OUI NOT GUILTY VERDICT
NEGLIGENT OPERATION – CONTINUED WITHOUT A FINDING 6 MONTHS
Worcester District Court 8/4/15

Worcester State University police observe client speeding throughout campus at 2:20 a.m. During the pursuit, police observe client swerving towards awooden guardrail, pedestrians and into oncoming lane. Police observe the defendant crash her car into another while attempting to park. Client has difficulty producing registration and drops it. clients admits coming from a bar. Police note very glossy, red, bloodshot eyes and very slurred speech. Client admits consuming two drinks. Client’s pants are unbuttoned, unzipped and exposing underwear. Client fails the HGN test. Client quits three steps into the walk and turn test and states , “just arrest me.”

OUI NOT GUILTY VERDICT
SPEEDING – NOT RESPONSIBLE
Fitchburg District Court 6/24/15

Leominster police observe client swerving and speeding at 2:11 a.m. and pull him over. Client admits to drinking four tall-boys and coming from a bar. Client has slurred speech, glassy eyes and has the odor of alcoholic beverages about his person. Client fails the HGN, walk and turn and one leg stand tests. Client is belligerent towards police upon his arrest. Client blows .12 on the breathalyzer at the police station.

OUI NOT GUILTY JURY VERDICT
OPEN CONTAINER OF ALCOHOL IN MOTOR VEHICLE – NOT RESPONSIBLE
Orange District Court 1/29/15

Athol police receive 911 calls describing a male attempting to force a female into his pickup at 1:40 a.m. Police converge and observe pickup matching description traveling on various roadways in vicinity of attempted “abduction”. Police stop vehicle and client exits unsteady on his feet. On-scene witness describe client as having driven “like an idiot”. Client states he was attempting to give his girlfriend a ride home. Police detect strong odor of alcoholic beverage coming from client’s mouth while observing slow, slurred speech and glassy, bloodshot eyes. Client admits to coming from a local bar and consuming a few beers. Client fails HGN, walk and turn and one leg tests and concludes testing by stating “just take me to jail.” a search of client’s truck reveals a half filled can of beer in the center console cup holder, a six pack of empty cans and bottles and twelve pack of beer with only five remaining full beers inside.

OUI DRUGS, POSSESSION OF CLASS B SUBSEQUENT OFFENSE
MOTION TO SUPPRESS ALLOWED – DISMISSED
Clinton District Court 12/12/14

State Police receive 911 call reporting erratic operation of pickup truck on Route 2. Trooper is flagged down by the caller and directed to the truck, now parked at a rest area. Trooper observes truck is parked over two parking spots and stops the client as he attempts to drive off. Client appears confused and disoriented with pinpointed pupils and slurred speech. Client fails the HGN, walk and turn, one leg stand and alphabet tests. Trooper seizes Suboxen pills from client’s truck. Client states drugs are his.

OUI, NEGLIGENT OPERATION, LEAVING SCENE OF PROPERTY DAMAGE
MOTION TO DISMISS ALLOWED
Gardner District Court 11/21/14

Templeton police are dispatched to accident scene at 11:36 p.m. and observe completely broken telephone pole hanging across street. Client’s father is at the accident scene and informs police that his daughter was the driver and that she is now home in Hubbardston. Police arrive at client’s home and observe front end damage to her vehicle and the driver’s side airbag is deployed. Inside, police detect a strong odor of alcohol coming from the client’s mouth, glassy, bloodshot eyes and slowness in responding to questions. Client admits to drinking two sixteen ounce beers earlier. Client takes a preliminary breath test and blows .212.

OUI SECOND OFFENSE CONVERTED TO NEGLIGENT OPERATION AND CONTINUED WITHOUT A FINDING FOR 6 MONTHS
Orange District Court 10/28/14

Orange police receive call about intoxicated male “peeling out” and “fish tailing” while leaving store parking lot. Police find reported car and observe client spinning tires while leaving parking space at liquor store. Police stop client and observe strong odor of alcoholic beverage, slurred and mumbled speech, red, watery and bloodshot eyes and a twelve pack of beer in the car. Client admits to drinking beers and argues repeatedly with police. Client fails walk and turn and one leg stand tests. Client blows a .17 on the breathalyzer at the police station.

THIRD OFFENSE OUI NOT GUILTY JURY VERDICT
Fitchburg District Court 10/14/14

Fitchburg police pull client over for speeding. Police observe a very strong odor of an alcoholic beverage coming from client along with very thick, slurred speech, flushed faced and very red, bloodshot eyes. Client admits to drinking two or three beers at home. Police find two crack pipes in client’s jacket and an open twelve pack of beer in the back seat with only six cans left inside. Client fails the walk and turn, one leg stand and finger to nose tests.

SECOND OFFENSE OUI NOT GUILTY JURY VERDICT
Orange District Court 9/29/14

Orange police observe client walking in a trance-like state and stepping from sidewalk into street without looking out for traffic before getting into car. Client is pulled over and has difficulty producing license while exhibiting glossy, bloodshot eyes, a flushed face and a strong odor of alcoholic beverage coming from mouth. Client admits to coming from a bar and consuming two beers and a scotch.

MOTION TO SUPPRESS STOP OF MOTOR VEHICLE ALLOWED SECOND OFFENSE OUI DISMISSED
Ayer District Court 7/25/14

Pepperell police pull client over at 9:30 p.m. for no passing zone violation and observe strong odor of alcoholic beverage coming from client in addition to glassy and bloodshot eyes. Police observe open can of beer lying on passenger side floor. Client denies drinking but exhibits slurred speech and sways while seated in his pickup truck. Client doesn’t notice that he drops his cellphone and wallet when he exits truck to perform FSTs. Client fails the HGN, walk and turn and one leg stand tests. Client blows a .159 on the breathalyzer.

OUI NOT GUILTY VERDICT
Fitchburg District Court 6/23/14

Templeton police respond to accident at 9:25 p.m. and observe client’s car with heavy front end damage and client sitting nearby on ground with a cut to his forehead. Client admits to driving the car and police detect slurred, thick-tongued speech and the odor of alcoholic beverage coming from client’s mouth. Client initially denies drinking but later admits to having four beers. Client blows a .17 on the portable breath test.

OUI NOT GUILTY VERDICT
Fitchburg District Court 5/27/14

State Police pull client over at 2:30 a.m. in Fitchburg for speeding and expired plate sticker. Police detect the strong odor of an alcoholic beverage on client’s breath and red, glassy, bloodshot eyes. Client admits to drinking two beers. Client fails the alphabet, HGN, one leg stand, walk and turn and counting tests. Police find three bottles of beer on the front passenger seat.

OUI NOT GUILTY JURY VERDICT
Ayer District Court 5/13/14

Client drives into opposite lane and strikes another oncoming car head-on, resulting in serious personal injuries to all parties involved. Groton police detect an overwhelming odor of alcoholic beverage coming from client’s mouth as she is treated by paramedics. Police find four open and partially consumed bottles of wine in passenger seat of client’s car. Police also observe a cup containing an alcoholic beverage that had spilled throughout the interior of the car. Police speak with client in her hospital room and observe client’s eyes as very bloodshot and glassy and her speech very slurred. Client also admits to a couple glasses of wine during dinner at a restaurant, but cannot recall the establishment’s name.

OUI NOT GUILTY JURY VERDICT
Orange District Court 4/1/14

Orange police pull client over at 1:43 a.m. after observing client repeatedly swerving outside of travel lane. Client argues with police and exhibits bloodshot glassy eyes and the odor of an alcoholic beverage. Client admits to coming from a local bar and drinking beers. Client is unsteady on his feet and fails the HGN, walk and turn, one leg stand and portable breath tests.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court 2/11/14

State Police observe client nearly causing a collision with another motorist at 3:00 a.m. Trooper observes strong odor of alcoholic beverage, red, glassy bloodshot eyes, slurred speech and beer can on passenger-side floor. Client fails HGN, one leg stand, walk and turn, finger to nose, alphabet and counting tests. Client agrees with Trooper that he has had too much to drink to drive safely.

SECOND OFFENSE OUI NOT GUILTY JURY VERDICT
Fitchburg District Court 10/24/13

State Police pull client over after observing him drift into the brake down and express lanes on Route 2 at 12:56 a.m. Client admits coming from restaurant and drinking one Long Island ice tea. Client fails alphabet and counting tests. Client fails HGN, walk and turn and one leg stand tests. Client blows .114 on the portable breath test.

SECOND OFFENSE OUI NOT GUILTY VERDICT
Fitchburg District Court 10/16/13

Client is pulled over at 11:35 p.m. in Leominster during a State Police drunk driving roadblock. Trooper observes strong odor of alcoholic beverage, bloodshot, dilated eyes and slurred speech. Client admits to having a few beers and trooper observes empty Corona box in rear of vehicle. Client fails alphabet, HGN, one leg stand and walk and turn tests. Trooper finds bag of marijuana in client’s pants during pat frisk. Client blows .196 on the breath test.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court 8/28/13

Lancaster police observe car repeatedly swerving at 11:30 p.m. and pull client over. Police detect strong odor of alcohol, bloodshot and glassy eyes and slurred speech from client. Client admits to having three beers. Client fails HGN, walk and turn and one leg stand tests. Search of car reveals open, empty beer can in passenger seat. Client fails the breath test blowing a .10.

MOTION TO SUPPRESS STOP OF MOTOR VEHICLE ALLOWED OUI DISMISSED
Leominster District Court 8/21/13

Client is pulled over at 11:45 p.m. in Leominster during a State Police drunk driving roadblock. Trooper observes strong odor of alcoholic beverage, glassy, bloodshot eyes and slurred speech. Client admits to having two drinks. Client fails alphabet, HGN, one leg stand and walk and turn tests. Client blows .158 on the portable breath test. We argue roadblock was illegal as it was not conducted according to guidelines established by the SJC and Appeals courts. Judge orders all information obtained as a result of the stop inadmissible.

NON-ISSUANCE OF CRIMINAL COMPLAINT FOR OUI
Fitchburg District Court

At a Clerk’s Hearing, Fitchburg police introduced evidence that client was seriously injured after losing control of his car, striking a tree and crashing through a fence in a residential neighborhood. Police observe smell of alcohol on client’s breath, four empty bottles of beer and two empty bottles of vodka on front passenger seat and floor. Complaint for OUI was not issued after hearing.

SECOND OFFENSE OUI NOT GUILTY JURY VERDICT
Orange District Court

Orange police respond to car accident at 1:45 a.m. and find client leaning against car that struck a utility pole head-on. Police observe strong odor of alcoholic beverage coming from client’s breath, thick, slurred and mumbled speech, red, bloodshot eyes and unsteadiness. At first client admits to having a couple beers but later admits to having split a twelve pack earlier. Client’s father, who had arrived at accident scene before police states to arresting officer: “he’s all yours”. Client blows .257 on portable breath test.

OUI NOT GUILTY VERDICT
Fitchburg District Court

State police stop client at 3:00 a.m. in Fitchburg after observing him swerve into parking lot without signaling and nearly causing a collision with car traveling behind. Trooper detects strong odor of alcoholic beverage, slurred speech and a can of beer on passenger-side floor. Client admits drinking three beers earlier. Client fails HGN, one leg stand, walk and turn, finger to nose, alphabet and counting tests. Client agrees with trooper’s assessment that he has had too much to drink and that he was OUI.

OUI NOT GUILTY VERDICT
Fitchburg District Court

State police stop client at 2:30 a.m. at the Fitchburg/Leominster line after observing client pull-out widely after leaving a restaurant causing an on-coming truck to swerve out of its lane. Client continues to swerve and turn widely as cruiser follows. Trooper observes very strong odor of alcoholic beverage, very red, glassy and bloodshot eyes. Client argues with Trooper that he was not swerving while exhibiting thick-tongued, slurred speech. Client admits to consuming two beers and a mixed drink before driving. Client appears lethargic, confused and extremely slow in answering questions and responding as he continues to argue with Trooper. Client fails the HGN and refuses any other field sobriety tests.

OUI NOT GUILTY VERDICT
Fitchburg District Court

Gardner police are dispatched to a motor vehicle accident at 1:20 a.m. and observe client’s vehicle at an angle in the middle of the road, positioned behind a pick-up truck that had been struck while parked on the side of the road. Police observe the odor of an alcoholic beverage on client’s breath and glassy, bloodshot eyes. Client states that she had just left a local bar where she only consumed a few drinks. After refusing medical treatment, client fails the alphabet, walk and turn, one leg stand and HGN tests.

NON-ISSUANCE OF CRIMINAL COMPLAINT FOR OUI
Fitchburg District Court

At a Clerk’s Hearing, state police introduced evidence that client left his vehicle blocking both eastbound lanes of route 2 at 1:30 a.m. and was found nearby too intoxicated to administer field sobriety tests. Client also admitted to operation and drinking too much. Complaint for OUI was not issued after hearing.

MOTION TO SUPPRESS STOP OF MOTOR VEHICLE ALLOWED
THIRD OFFENSE OUI AND POSSESSION OF CLASS B SUBSEQUENT OFFENSE DISMISSED
Orange District Court

Athol police observe client’s truck parked sideways in a parking lot at 12:40 a.m., with rear-end of vehicle in travel lane of adjacent street. Police observe client behind wheel while vehicle is still running, very strong odor of alcohol, bloodshot, glassy eyes and slurred speech. Client admits to coming from bar and drinking beers. During booking cocaine is found on client. After hearing on defendant’s motion to suppress, the court found the arresting officer did not have sufficient justification to initiate a stop of defendant’s vehicle. Judge orders all information obtained as a result of the stop inadmissible, case dismissed.

OUI NOT GUILTY JURY VERDICT
Ayer District Court

Littleton police observe client drive completely over a double solid yellow line at 12:55 a.m. Police detect odor of alcohol, and bloodshot, glassed over eyes. Client admits to coming from a bar, drinking beer and smoking marijuana earlier that evening. Client fails HGN, walk and turn and one leg stand tests.

MOTION TO SUPPRESS ALLOWED
SECOND OFFENSE OUI DISMISSED
Fitchburg District Court

Gardner police are dispatched to a motorcycle accident in front of a bar and are further instructed while enroute that motorcyclist has left the scene, taking bike behind the bar. Upon arrival, police observe damaged bike behind bar and obtain client’s name from calling in the plate. Police enter bar and demand all male patrons’ I.D.s in an effort to locate client. Police locate client and observe thick slurred speech, strong odor of alcoholic beverage and blood shot, glassy eyes. Client falls into the bar after getting up from his bar stool when told to come with police. Client fails HGN and walk and turn tests. After hearing on defendant’s motion to suppress, the court found the officers did not have the right to “seize“ client and orders all information obtained as a result inadmissible, case dismissed.

OUI NOT GUILTY JURY VERDICT
Orange District Court

State police clock client driving over 70 mph on highway while continually crossing over lane divider and nearly striking oncoming traffic. Police observe strong odor of alcoholic beverage, and glassy eyes. Client repeatedly denies having had anything to drink or any alcoholic beverages in his truck. Client fails HGN, alphabet on leg stand and walk and turn tests. Client then admits to having two drinks at dinner. A search of his truck reveals 5 empty beer cans and a partially full whiskey flask.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court

Lunenburg police observe client’s vehicle at 10:26 p.m. drifting over the center line causing oncoming traffic to swerve off the roadway. After observing client swerve twice more client is pulled over. Client rolls down the rear window for officer and exhibits a strong odor of alcoholic beverage and bloodshot, glassy eyes as he drops credit cards attempting to retrieve license, eventually handing officer a dental card. Client admits to drinking two Mai Tais at a Chinese restaurant. Client is unsteady on his feet and fails the HGN, walk and turn, one leg stand and alphabet tests while bickering with the testing officer throughout.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court

State police observe client’s vehicle at 1:50 a.m. with only one working headlight. Client pulls over after initially hesitating to do so. Client exhibits a strong odor of alcoholic beverage and red, bloodshot, glassy eyes and slurred speech as he admits to drinking four beers at pub. Client has difficulty putting vehicle into park and when vehicle begins to roll the trooper grabs onto the driver’s door to keep the vehicle from rolling backward. Client is unsteady on his feet and fails the HGN, walk and turn, one leg stand, finger to nose, alphabet and counting backward tests. Client submits to the breathalyzer and blows a .158.

SECOND OFFENSE OUI NOT GUILTY JURY VERDICT
Fitchburg District Court

Clinton police observe client accelerate rapidly and drive in a jerky manner through a stop sign at an intersection while maneuvering around another car in front of her. Police observe strong odor of alcoholic beverage coming from client’s breath, slurred speech and glassy, bloodshot eyes. At first client denies drinking anything that evening as the officer observes on open wine bottle in her purse on the passenger seat. Client fails alphabet test twice and alphabet test. Police confiscate two open, partially consumed bottles of wine from the passenger area of client’s car. Client submits to the breathalyzer and blows a .14.

OUI NOT GUILTY JURY VERDICT
Fitchburg District Court

Leominster police receive 911 call at 11:00 p.m. reporting truck to have backed into trash cans and struck a utility pole with possibly intoxicated driver. Police stop client’s truck 100 yards from accident scene and observe fresh damage on client’s front bumper and passenger side. Client states she is coming from a local pub and admits to having 3 or four drinks and being a little tipsy. Client also admits to striking the trash cans. Client exhibits a heavy odor of alcoholic beverage and bloodshot, glassy eyes and slurred speech. Client exhibits unsteadiness as she exits the vehicle and uses the truck to maintain balance. Client is swaying and rocking so badly that police do not feel it is safe to conduct further field sobriety testing. Client is uncooperative and hostile with police while being placed under arrest and at the station. Client slams herself into cell door, threatens to sue and directs profane language at police.

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