OUI Lawyer Concord MA
OUI – DISMISSED
NEGLIGENT OPERATION – CWOF 1 YEAR
(ADMINISTRAIVE PROBATION, NO LICENSE LOSS)
MARKED LANES – RESPONSIBLE, FILE
Leominster District Court 8/19/22
Police respond to a reported multi-vehicle crash in Leominster involving an ambulance. On arrival, police observe a black Jeep to be crashed into the front of a Lunenburg ambulance at an intersection. Police observe the driver (client) of the Jeep standing next to his vehicle with blood dripping from his head while arguing with responding Leominster paramedics. Multiple witnesses state they observed the client operating the Jeep erratically and to have crossed over marked lanes into oncoming traffic in order to pass a delivery truck that had stopped at the intersection so as to allow a white pickup to turn left. As the Jeep sped around the delivery truck it proceeded into the intersection and struck the white pickup and then careened head-on into the front of the Lunenburg ambulance. Witnesses also stated that the client immediately exited the Jeep and dove into a snowbank with something in both hands. Upon inspection, police recover two empty Smirnoff nip bottles exactly where the witnesses stated the client dove into the snow. Police observe the strong odor of intoxicating liquor coming from the client along with bloodshot and glossy eyes as they attempt to calm him down in order that paramedics might treat him. Police are then advised that the client had his two young children in the back of the Jeep at the time of the accident. The children and their father, the client, were transported to the hospital. The client was observed to be unsteady on his feet and needed assistance walking to the ambulance. Inside the ambulance, the client argues again with paramedics, slurs his words and is uncooperative. When police ask the client for the name of his children, client is only able to do so after two-three attempts but is unable to give correct dates of birth for either child. Police administer the Horizontal Gaze Nystagmus (HGN) test to the client and he shows clear signs of alcohol impairment. At the hospital, the client’s behavior is unpredictable and police respond to assist hospital staff. The client displays drastic swings in his mood and changes from calm to aggressive quickly. Client is questioned by police concerning the accident and admits crashing into the pickup and the ambulance. Client also admits to consuming alcoholic beverages prior to the accident. Police later obtain a search warrant for the client’s blood and urine samples. The seized samples are processed at the state crime laboratory with tests yielding a high concentration of blood alcohol content at .186. Later, the prosecutor also moves to summons the client’s medical records.
The defendant successfully moves to suppress statements and the results of blood draws and testing prior to trial. The defendant further exploits the inability of the Commonwealth to produce necessary evidence as to elements constituting the alleged offenses.