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.