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OUI, DUI, Drunk Driving Defense Cases

OUI – DISMISSED
NEGLIGENT OPERATION – DISMISSED
OPEN CONTAINER IN MOTOR VEHICLE – NOT RESPONSIBLE
FAILURE TO STOP FOR POLICE – DISMISSED
FAILURE TO STOP/YIELD – NOT RESPONSIBLE

Milford District Court 1/25/24
Milford police observe a car travel through a red light. Police are unable to keep up to the car after activating blue lights and attempting to stop it. Client attempts to turn into a shopping plaza parking lot but loses control and crashes into a mall sign. Client admits to police that he tried turning into the shopping plaza to avoid police but was going too fast to make the turn. Police observe the strong odor of alcoholic beverage coming from the client, slurred speech and glossy eyes. Client admits to having had a few beers and police observe a cup in the car’s center console containing beer. Client fails the HGN, one-leg stand and walk and turn tests. Client fails the breathalyzer, registering a .14 reading.

OUI – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT
MARKED LANES VIOLATION – NOT RESPONSIBLE

Concord District Court 10/31/23
Concord Police are dispatched to a single motor vehicle accident at 11:13 pm. On arrival, police observe the vehicle upside down in the roadway. Client is observed outside the vehicle and admits being the driver. Police observe client to have bloodshot, glossy eyes, slurred speech and emitting the odor of alcoholic beverage. Client states that another vehicle was traveling towards him in his lane and he swerved around the vehicle, resulting in a loss of control. The police investigation determines markings in the roadway inconsistent with the client’s claim of how the accident occurred. Client admits coming from a party and having consumed one beer. Client is observed to be unsteady on his feet and requires repeated questions while giving delayed responses. Client fails the breathalyzer, registering a .17 reading.

OUI – DISMISSED
WRONG WAY ON STATE HIGHWAY – NOT RESPONSIBLE

Ayer District Court 9/5/23

State Police receive numerous calls of a wrong way driver on Route 495. Responding trooper southbound on Route 495 observes vehicle traveling northbound directly towards the cruiser at 1:37 am. Trooper activates siren and lights and stops the wrong-way driver. Approaching the vehicle, trooper observes client’s eyes to be bloodshot and glassy. Trooper also detects the odor of alcoholic beverage. Client admits to having a couple of beers; his last an hour ago. Client fails field sobriety tests including, HGN, walk and turn and the one-leg stand. Client fails the breathalyzer, registering a .14 reading.
The defendant successfully moves for sanctions against the Commonwealth for repeated discovery violations resulting in the court ordering all pertinent evidence related to the motor vehicle stop to be excluded from introduction at trial

OUI – NOT GUILTY JURY VERDICT
OPEN CONTAINER IN MOTOR VEHICLE – NOT RESPONSIBLE
Gardner District Court 5/3/23
Gardner police receive 911 call reporting motorist passed out behind the wheel blocking traffic at 2:24 am. On arrival, police observe running vehicle stopped in lane of travel with client unconscious behind the wheel. Police are initially unsuccessful at rousing the client. Client eventually comes to and appears confused, begins pushing several buttons inside the vehicle, plays with the radio and places the vehicle into park. Client has slurred speech, red, glassy eyes and emits the odor of an alcoholic beverage. Client has difficulty producing her license and appears unsteady on her feet. Client fails the HGN, walk and turn and one-leg stand tests. Police find an open and mostly consumed beer in the center console. Client fails the breathalyzer, registering a .12 reading.

OUI – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – GUILTY 9 MOS. UNSUPERVISED PROBATION
MARKED LANES – RESPONSIBLE, FILE

Newburyport District Court 11/09/22

Newbury police are dispatched to an accident at 12:11 am. On arrival, police observe an overturned car on the front lawn of a local bank. Police gain entry through a rear passenger door and observe the driver still belted and suspended upside down behind the wheel. After being extricated by the fire department, the client is boarded and loaded into an ambulance for transport to the hospital. In the presence of police and EMTs, client apologizes and states that he has had a few drinks and was coming from a bar in New Hampshire. Police observe the strong odor of alcoholic beverage coming from client’s breath and slurred speech. Police also observe marijuana and a smoking device in the crashed automobile. At the hospital while accompanied by police, client again states that he has had a few drinks.

OUI DRUGS – DISMISSED
NEGLIGENT OPERATION – GUILTY 1 YEAR UNSUPERVISED PROBATION
UNLICENSED OPERATION – GUILTY, FILE
MARKED LANES – NOT RESPONSIBLE

Winchendon District Court 11/8/22

OUI – NOT GUILTY JURY VERDICT
MARKED LANES – NOT RESPONSIBLE

Ayer District Court 10/31/22

Shirley police observe a car take a very wide turn and crossing over a white fog line at 1:05 am. While following the car, police observe it crossing over the fog line four more times as well as the double yellow center marker. After signaling the car to stop, police detect the strong odor of an alcoholic beverage coming from the client (driver’s) breath. Client also exhibits slurred speech, bloodshot, glassy eyes and admits to having recently had a drink 30 minutes prior. Client fails alphabet and counting tests. Client has difficulty standing straight and is unsteady on his feet after exiting the car. Client fails the one-leg stand, walk and turn and HGN tests. During booking, client is belligerent, uncooperative and refuses to answer questions.

OUI DRUGS – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT
MARKED LANES – NOT RESPONSIBLE

Gardner District Court 10/26/22
Multiple 911 callers report a car swerving all over the road and travelling at an unusually low speed at 7:00 pm in Hubbardston. Police respond and observe a line of vehicles behind the car. Police radar confirms the car travelling 33 mph in a 50 mph zone. Police follow the car for approximately 1 mile and observe it drive over the fog line multiple times and swerving toward the center yellow line and back. Police follow car into a gas station and approach driver. Police detect a very strong odor of freshly burnt marijuana and smoke coming from inside the car. When asked for her license and registration, the client moves slowly and lethargically while displaying glassy, red eyes and speaking with a thick tongue. Police observe several burnt marijuana joints, rolling paper and pieces of marijuana on the front dash. Client admits to smoking marijuana earlier that day. Client fails the walk and turn and one-leg stand tests. A “drug recognition expert” officer is called in to assist. This second officer administers the lack of convergence, modified Romberg balance and finger-to-nose tests, all of which the client fails. Both officers agree that the client is impaired from smoking marijuana while operating her car. During an inventory search of the car, police further locate several sandwich baggies – one of which contains marijuana and a glass smoking bowl that is still warm to the touch in the compartment on the driver’s side door.

OUI – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – GUILTY 6 MOS. PROBATION
OPEN CONTAINER – NOT RESPONSIBLE

Orange District Court 8/30/22
911 caller reports following a pickup truck on Route 2 in Athol that is swerving, speeding up and slowing down. Caller follows truck as it exits Route 2 and reports the truck pulled into a restaurant parking lot. Athol police arrive at 8:56 p.m. and observe the truck parked across multiple parking spots with the client slumped forward and sleeping in the driver’s seat while the truck engine is still running. Police wake the client up and request identification. Police observe the strong odor of alcoholic beverage when client speaks. When asked, client denies drinking anything. Police then point out an open beer bottle in the center console and client states that it belongs to a coworker who was recently dropped off. Client loses his balance when he exits the truck and steadies himself against the vehicle. Client fails the HGN, walk and turn and one-leg stand tests. Client repeatedly asks if police could “just let him go home” and offers to “put a free roof on” and also states “Keep the truck. I don’t need it.” Client fails a preliminary breath test, blowing a .127 and later at the police station, fails the breathalyzer, blowing a .125. A search of client’s truck reveals a partially consumed beer in the center console cupholder along with a whiskey nip bottle. A partially consumed six-pack is also found on the front passenger seat. During booking, client states “I deserve this, the one time I drink with the boys” and “Do what you want, and I’m guilty.”

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.

OUI – NOT GUILTY JURY VERDICT
LIGHTS VIOLATION – RESPONSIBLE, FILE

Concord District Court 8/16/22
Concord police observe a car traveling west on Route 2 without headlights turned on at 10:00 p.m. When signaled to stop, the car pulls over almost completely past the breakdown lane and into a grassy shoulder. On approach, police detect the odor of alcoholic beverage coming from the client, who also exhibits bloodshot, glassy eyes and slurred speech. Client flings her license out of the car window and into the breakdown lane of Route 2. Client admits to having gone out after work and having consumed one large sake. Outside of the vehicle, client loses balance and leans against her car to regain it. Client fails the HGN, walk and turn, one-let stand tests. Clients’ speech is slurred and a strong odor of alcoholic beverage comes from her breath as she recites the alphabet. Client fails a preliminary breath test, blowing a .125 and later at the police station, fails the breathalyzer, blowing a .104.

ORANGE DISTRICT COURT
OUI – NOT GUILTY JURY VERDICT
LEAVING SCENE PROPERTY DAMAGE – GUILTY JURY VERDICT
6 MOS. UNSUPERVISED PROBATION, RESTITUTION

Orange District Court 7/27/22
Erving police are dispatched to crash at 12:20 a.m. On arrival, police find a Chevy Blazer with heavy rear damage in the roadway. Police also observe a Saab with heavy front-end damage 200 feet into the woods. Police determine the Blazer was parked roadside prior to being rear-ended by the Saab. Police conduct a search for the Saab driver without success. The owner of the car is identified and a Northfield officer is dispatched to his home. On arrival, the owner (client) of the Saab admits to having struck the Blazer. Northfield police observe the odor of alcoholic beverage on client’s breath, slurred speech and glassy, bloodshot eyes. After the client admits to having consumed alcoholic beverages, he is transported back to the accident scene in Erving. Client again admits to Erving police having rear-ended the Blazer and afterwards walking home without leaving required information. Erving police also observe the odor of alcoholic beverage on client’s breath as well as slurred speech, bloodshot eyes and unsteadiness. Client appears disorientated and disheveled. Client admits to a couple of drinks earlier at a friend’s house. Client fails the HGN, walk and turn, one-leg stand tests. Client fails portable breathalyzer and blows .204.


OUI – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT
MARKED LANES – NOT RESPONSIBLE
Fitchburg District Court 6/7/22

Gardner police respond to report of motor vehicle accident with involved party attempting to leave the scene at 12:15 a.m. On arrival, officer observes badly damaged utility pole, debris field and marked paving leading away from crash site suggesting involved vehicle drove away on rims. Following marks in the road, the officer locates a heavily damaged vehicle a short distance away. The vehicle has heavy damage to the rear bumper and rear driver’s side along with both rear tires are blown and full airbag deployment. Police observe client staggering roadside next to the vehicle and radio for an ambulance. Client admits that he was driving home from a club in a neighboring town. The officer assesses that the client drifted across the oncoming lane and struck the utility pole, before attempting to drive off. The officer detects the odor of alcoholic beverage coming from the client along with a thick tongue and slurred speech. In response questioning, client states that he had a few beers but was not drunk. Client also repeatedly apologizes and states that he messed-up. After refusing medical attention, client fails the ABC, walk and turn, finger-to-nose and HGN tests. Client also tells the officer he cannot do the one-leg stand test.

OUI – NOT GUILTY JURY VERDICT
OPEN CONTAINER – RESPONSIBLE
MARKED LANES – RESPONSIBLE

Greenfield District Court 5/19/22
Northfield police observe pickup truck swerving repeatedly over center yellow and white fog lines at 12:56 a.m. After pulling truck over, client at first hands officer a credit card, then his license. Client also has delayed response providing registration. Police observe strong odor of alcohol on client’s breath, slurred speech and red, glassy eyes. Police observe flask of partially consumed Captain Morgan bottle behind client’s seat. Client admits to two drinks earlier. Client has difficulty maintaining balance when exiting pickup, and fails the HGN, walk and turn and one-legged stand tests. During testing, client states he had four drinks earlier. Client fails portable breathalyzer and blows .148 and is arrested. At police station, client again chooses to take a breathalyzer and again fails blowing a .138.

OUI CAUSING SERIOUS BODILY INJURY AND RECKLESS OPERATION – DISMISSED
RECKLESS OPERATION – CWOF 6 MOS.

Greenfield District Court 3/15/22

OUI – NOT GUILTY VERDICT
OUI SECOND OFFENSE – NOT GUILTY VERDICT
NEGLIGENT OPERAITON – GUILTY VERDICT $550.00 FINES
Gardner District Court 3/11/22
911 caller reports a white SUV on Route 2 passing in the breakdown lane, tailgating, speeding and passing inside a rotary. Gardner police observe the same SUV swerve into an opposite lane and pass in an area considered a “dangerous turn” by police as well as a no passing zone. Police begin pursuit, observe the SUV to drift left and right and signal the SUV to stop. The SUV pulls into the breakdown lane at full speed before coming to an abrupt stop in the grass. Officer immediately observes signs of intoxication. Client is unable to provide license. Officer detects a very strong odor of alcoholic beverage, heavy, slurred speech and glassy, bloodshot eyes. When asked to exit the SUV, client states “just two beers”. Client is unable to exit the vehicle without difficulty and uses vehicle to assist his balance once outside. Client becomes agitated and yells at police. A cup containing beer is found inside client’s SUV on the passenger-side floorboard. During booking, client has difficulty maintain balance, sways and stumbles while walking. Client is observed to be unable to manipulate his phone and when asked has tremendous difficulty spelling wife’s maiden name.

OUI – NOL PROS
SPEEDING – NOT RESPONSIBLE

Greenfield District Court 11/03/21
(Nol Pros, or nolle prosequi, is a prosecutor’s withdrawal of a criminal charge.)
Client is pulled over by Greenfield police for speeding on Route 2 at 10:13 p.m. Upon reaching driver’s window, officer immediately smells strong odor of alcoholic beverage and observes client’s eyes are bloodshot and watery. Officer also detects slurred speech. Client initially denies consuming alcohol. Client twice fails alphabet test and again denies consuming alcohol. Client fails the HGN, walk and turn, one-legged stand, Romberg balance, finger to nose and blows a .12 on the preliminary breath test. Client then admits to consuming 8-10 beers earlier in the day. Client fails breath test at police station, blowing a .11.

OUI – NOT GUILTY VERDICT
Gardner District Court 8/27/21
911 caller reports a dark colored vehicle on Route 2 at 3:05 a.m. driving erratically, unable to maintain its lane and at one point, driving off the roadway before returning. Responding to the area in Phillipston, Troopers observe a dark colored sedan in the breakdown lane just prior to exit 18 on Route 2 west. The sedan had moderate to heavy front end damage to the bumper and left front quarter panel areas. The left headlight was missing and the side marker and blinker assemblies were hanging by their wiring. Troopers observed the client still seated and belted in the driver’s seat. While speaking to the client, Troopers additionally observed glassy eyes and slurred speech. When asked what happened, client stated he rear-ended a vehicle in front of him. Client also stated that he was coming from Foxwoods Casino and had consumed alcohol. Client states that he left the Casino that night but also states that he left at 1430 (military time for 2:30 p.m.) When asked where he was going, Client pointed in a westerly direction and stated “home to Gardner” although he was in Phillipston and already several miles west of Gardner. Client fails the HGN, walk and turn and one-legged stand tests.

OUI – DISMISSED
NEGLIGENT OPERATION – CWOF 1 YEAR
SPEEDING – NOT RESPONSIBLE
MARKED LANES VIOLATION – NOT RESPONSIBLE

Fitchburg District Court 6/22/21

Client rear-ends another vehicle and while exchanging information his demeanor appears “off”. As he leaves the accident scene, client drives off erratically. Multiple 911 calls are placed concerning client’s driving. Moments later, client veers into the opposite lane crossing over a double yellow marked line, onto a sidewalk, side-swiping a telephone pole and taking down wires. Client then drives across a front yard and into a house. 911 caller reports client trying to leave the second accident scene. Police arrive and find client who admits to traveling more than double the speed limit. Client also admits to being involved in an earlier accident approximately 10 minutes prior. Police observe strong odor of alcohol on client’s breath in addition to red, glossy eyes and very slurred speech. Police observe a 40 ounce bottle of beer in the client’s truck. Client’s blood alcohol test results in a .23, nearly three times the legal limit (.08).

OUI – NOT GUILTY VERDICT
SPEEDING – NOT RESPONSIBLE

Concord District Court 5/18/21
State trooper pulls vehicle over after clocking on radar at 80 mph on Route 3 at 1:59 a.m. Trooper detects odor of alcoholic beverage upon approach to vehicle. Client has difficulty producing license, has slurred speech and glassy, bloodshot eyes. Client admits to drinking two beers. Client fails the HGN, walk and turn and one-legged stand tests. Client fails preliminary breath test with a result of .09.

OUI SECOND OFFENSE – NOT GUILTY VERDICT
Fitchburg District Court 5/14/21

State trooper pulls vehicle over after clocking on radar at 85 mph on Route 2 at 12:20 a.m. Trooper detects strong odor of alcoholic beverage upon approach to vehicle and observes client’s eyes bloodshot and glassy. Client appears confused and cannot produce registration. When asked if he had consumed any alcoholic beverages, client states “yes, no, maybe, I am not sure”. Client fails the HGN, walk and turn and one-legged stand tests. Following his arrest, client’s wife (passenger) is held in protective custody.

OUI – NOT GUILTY VERDICT
NEGLIGENT OPERATION – NOT GUILTY
MARKED LANES VIOLATION – NOT RESPONSIBLE
Gardner District Court 10/13/20
Westminster police are dispatched to a motor vehicle accident at 12:41 a.m. While enroute, dispatch advises responding police that the vehicle attempted to leave the scene unsuccessfully and the occupants are now hiding in nearby woods. On scene, police observe two males and a female down an embankment near the crash. Police order the parties to show their hands and come forward. The first interviewed states he was a front passenger, the second stated she was in the rear seat. The client is then questioned by police and admits to driving his car and that he “messed up”. Client’s eyes are bloodshot and glossy, has the odor of alcoholic beverages on his breath and is unsteady on his feet. Client further states that he had been drinking and decided to do some “burnouts” in his car, lost control and crashed. Clients states he just left a local bar and admits to having consumed a six pack. When asked when he had his last drink, client states “I’m probably incriminating myself, not long ago.” Police observe multiple “burnouts” in the roadway and skid marks leading to the crash into a group of trees. The impact to the vehicle was so severe that there was extensive vehicle debris throughout the sidewalk and onto the property. Client fails the HGN, walk and turn, one-legged stand and modified Romberg balance test. Client makes further admissions that are audio and video recorded inside the cruiser and during the booking procedure. Police obtain a bar receipt/tab from the client at booking that shows he paid for a significant number of alcoholic beverages just prior to the crash.

OUI – NOT GUILTY VERDICT
Leominster District Court 8/19/20
State police observe client driving with his face near the windshield at 10:00 p.m. on a Friday evening. The trooper catches up and client slows to 25 mph while straddling the center solid line. When signaled to pull over, client veers to the right but continues driving but eventually stops. Client has difficulty producing registration, has slurred speech, slow body-movements and watery eyes. Client admits to just having consumed two shots of whiskey, with the odor coming from his breath. Client fails the HGN, nine-step and one-leg stand tests. When arriving at the barracks, client falls back into cruiser from a standing position outside of it.

OUI – NOT GUILTY JURY VERDICT
SPEEDING – NOT RESPONSIBLE

Leominster District Court 2/26/20
Client is clocked by Trooper traveling at 50 mph in a 30 mph zone at 2:37 a.m. After being pulled over, client admits to having consumed 2 beers and coming from a bar. Trooper observes bloodshot, red glassy eyes, the odor of an alcoholic beverage and slurred speech. Client fails all field sobriety tests, including the HGN, nine-step walk and turn and one-leg stand tests. Client fails a breathalyzer at the barracks blowing a .16.

CARRYING FIREARM WHILE INTOXICATED – COMPLAINT DOES NOT ISSUE
OUI – COMPLAINT DOES NOT ISSUE

Leominster District Court 2/14/20
Client drives to stationary police cruiser at 1:06 a.m. and advises that he was forced to ingest cocaine at local bar. Police observe multiple signs and symptoms exhibiting cocaine use. Police observe and seize a loaded firearm from the client while waiting for an ambulance to transport client to a local emergency room. Police later obtain a search warrant for medical records and determine client tested positive for cocaine use and had a blood alcohol level equivalent to two and a half times the legal limit.

OUI – NOT GUILTY VERDICT
Fitchburg District Court 10/31/19

Client is observed traveling 45 mph in a 25 mph zone shortly after midnight. When signaled to pull over, client strikes the curb making a loud thumping noise. Police detect the overpowering odor of an alcoholic beverage coming from client as he admits to drinking at several bars that evening. Client holds onto his car door when exiting to maintain his balance. Client fails the HGN test, one-leg stand and nine-step walk and turn tests. Police ask client if he felt he was ok to drive home and client replies that he is not, has had more alcohol than he should have and should not be driving.

OUI – COMPLAINT DOES NOT ISSUE
Leominster District Court 10/30/19
Leominster police are dispatched at 1:40 a.m. to gas station concerning driver passed out in car at pumps. Police observe client passed out behind wheel with engine running. Police are unsuccessful in rousing client despite numerous attempts and enlist towing company to unlock car door in order
to gain access to client. Client appears confused and disoriented and is neither aware of his present location nor where he came from. Police detect odor of alcohol on client’s breath and dilated pupils. Client sways and cannot keep his balance when exiting the car. EMT’s detect signs of impairment and transport client via ambulance to the hospital for further treatment.

OUI – COMPLAINT DOES NOT ISSUE
OUI WHILE HUNTING/TARGET SHOOTING – COMPLAINT DOES NOT ISSUE

Leominster District Court 10/28/19
Leominster police receive 911 call regarding shots fired and screams heard at conservation area. Police respond and observe client driving a car that matches description of suspect vehicle. Client is observed to have glassy eyes, the odor of an alcoholic beverage and admits to drinking two beers and coming from a bar. Client fails the HGN test and blows a .09 on a portable breath test. Client admits to police that he is drunk. Police observe numerous empty beer cans about area where client was firing his handgun.

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
FAILURE TO STOP/YIELD – NOT RESPONSIBLE

Concord District Court 10/15/19
Concord police observe a vehicle stopped for 20-30 seconds at a green traffic light on Route 2 westbound at 1:58 a.m. After pulling the vehicle over, police observe the strong odor of an alcoholic beverage coming from within it. The client states he has no idea why police pulled him over and exhibits bloodshot, glossy eyes and slurred speech. Client admits to drinking 2 beers. Client fails the HGN, walk and turn, one-leg stand tests and blows a .165 on the preliminary breath test and a .16 on the breathalyzer at the police station.

OUI – NOT GUILTY JURY VERDICT
Fitchburg District Court 8/27/19

Lunenburg police observe pickup drift off roadway, kicking up dirt and dust and quickly swerve back into its lane at 1:02 a.m. Police attempt to stop pickup but are unable to do so as truck drives into neighboring town. Moments later, Lunenburg police observe the same pickup back in their jurisdiction, parked in the middle of a public road and blocking the roadway. Upon approaching the truck, officers observe the pickup still running, headlights activated with a sole occupant in the driver seat. Police observe client attempting to use his wallet as a cellphone while appearing confused and unable to answer basic questions. Police detect strong odor of alcoholic beverage coming from inside the truck, client’s speech was slurred and his eyes were bloodshot and glassy. Client admits having drank alcohol, but is unable to give any amount when police specifically request an amount consumed. Client fails the HGN, walk and turn, one-leg stand, convergence and alphabet tests. During booking, client states that he knew that he should not have been driving.

OUI – NOT GUILTY VERDICT
NEGLIGENT OPERATION – NOT GUILTY VERDICT

East Brookfield District Court 5/29/19
Barre police observe client speeding, swerving into breakdown lane and crossing double yellow lines at 3:19 a.m. Police stop vehicle and observe odor of alcoholic beverage coming from client along with an opened and partially consumed twelve pack of beer. Police note bloodshot, glassy eyes and slurred speech of client who admits to drinking 2 tallboys and a shot earlier. Client is unsteady on her feet and staggers once outside the vehicle. Client fails HGN, walk and turn, one-leg-stand, manual dexterity tests. Client blows a .134 on the preliminary breath test and a .10 on the breathalyzer.

OUI THIRD OFFENSE – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT

Orange District Court 2/27/19
(This was the 4th time this office represented this particular client on a 3rd Offense O.U.I. resulting in 3 not guilty jury verdicts and 1 dismissal after a motion to suppress was allowed.)
On a Saturday evening, Orange police observe a pickup swerving, making sharp steering adjustments and crossing over the double solid yellow line into the opposite lane. The truck slows but fails to stop when signaled by police and continues until police sound a horn, eventually coming to an abrupt stop. Client fumbles with his wallet and has difficulty keeping it open. Police observe the strong odor of an alcoholic beverage coming from inside client’s vehicle. Police observe client’s eyes to be red, glassy and bloodshot. Passenger states that they are coming from a local bar. Client admits to having “a few” drinks. Client’s speech is very slurred to the point it is difficult to understand. Client is unsteady on his feet after stepping out and makes short choppy steps in a staggering manor as he walks to the rear of his truck. Client has to be supported by police for fear he may fall. Client sways back and forth heavily and the odor of an alcoholic beverage intensifies as he speaks with police. Police find an open beer in the cab of the truck. Client is arrested and nearly falls getting into police cruiser. Upon arrival at station client trips when entering booking room, almost falling over before being caught by police.

OUI THIRD OFFENSE – NOL PROS
Orange District Court 2/26/19
(Case was previously tried before a jury on 5/29/18 and resulted in a hung jury or mistrial, with 5 members for acquittal and 1 opposed. Case was subsequently rescheduled 3 times for trial before the prosecution filed a voluntary withdrawal of the criminal charge.)
Orange police observe a Jeep approach an intersection at 2:00 am with no headlights, tail lights or running lights activated and fail to stop at a red light. Police further observe the Jeep’s driver-side tires to completely cross over and straddle center double solid yellow lines and drive in both eastbound and westbound travel lanes. The Jeep is further observed jerking suddenly back into the proper lane before the passenger-side tires drift over the solid white fog line. Upon stopping the Jeep, the client has difficulty obtaining his license and eventually the passenger grabs the client’s wallet and takes out the license for him. Client is similarly unable to locate his registration, passing over it 3 times. The passenger again assists, grabbing the pile of paperwork from the client and locating the registration. Police observe the strong odor of an alcoholic beverage emanating from the client while he attempts to hide his face during questioning. Client admits to being at a bar earlier in the evening and drinking beer. Client appears very unsteady upon exiting the Jeep and leans against the vehicle. Client’s eyes appear red, blood shot and glassy. Client fails the HGN, nine-step walk & turn, one-leg stand, alphabet and finger to nose tests. Client fails the breath test blowing a .108 and .109.

OUI NOT GUILTY JURY VERDICT
Concord District Court 1/3/19
State police observe vehicle traveling on Route 2 at excessive speed at 2:00 am. Trooper clocks vehicle at 75 mph for a half mile and signals a stop. Trooper observes client to have bloodshot, glassy eyes and emit the odor of an alcoholic beverage despite chewing gum. Client admits to coming from a bar in Boston and consuming beer. Client has difficulty providing vehicle registration, flipping past the active one twice and handing trooper an expired one. Client sways as he walks to front of vehicle. Client fails the HGN, nine-step walk and turn and one-leg stand tests. A portable breath test results in a .117 reading and a breathalyzer at the barracks yields a .098 result.

OUI SECOND OFFENSE – NOT GUILTY VERDICT
Leominster District Court 12/7/18

911 caller reports erratic operation of a box van unable to maintain lanes. State police intercept van and observe it to cross over into the breakdown lane on Route 2. Client fails HGN, nine-step walk and turn and one-leg stand tests. Police find several empty beer cans throughout the van and a bottle of vodka.

OUI THIRD OFFENSE DRUGS – AMENDED TO NEGLIGENT OPERATION
GUILTY 1 YEAR PROBATION

Winchendon District Court 7/18/18

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – GUILTY 6 MONTHS UNSUPERVISED PROBATION

Orange District Court 5/1/18
Civilian motorist observes car at 12:40 am traveling Route 2 westbound “all over the road, in and out of the break down lane and tailgating vehicles in front of it.” State police respond and locate the subject vehicle in Athol on Route 2A. Trooper observes vehicle cross over the into the breakdown lane 3 times and tailgating. Vehicle initially ignores Trooper’s signal to stop and turns onto a side road ultimately striking a curb when coming to a rest. Client refuses to provide license and registration and is observed to have bloodshot and glassy eyes. Trooper smells odor of alcohol coming from within the vehicle. Trooper detects slurred speech and the odor of alcohol coming from client’s breath. Client admits to having consumed 2 beers and advises Trooper that he is deaf. Trooper and client communicate by written question and answer. Client has extreme difficulty exiting his car and leans against it to support himself. Client has great difficulty walking, stumbles sideways and nearly falls to the ground before Trooper stops him from doing so. Upon arrest, two police officers escort client and provide support and assistance to keep him from falling to the ground. During booking, client is extremely uncooperative with police.

OUI – AMENDED TO NEGLIGENT OPERATION
CWOF 1 YEAR

Orange District Court 4/10/18

MARKED LANES – NOT RESPONSIBLE
NEGLIGENT OPERATION – CWOF 6 MONTHS
OUI SECOND OFFENSE – DISMISSED

Orange District Court 3/20/18

OUI – COMPLAINT DOES NOT ISSUE
Leominster District Court 1/10/18

Leominster police are dispatched to a motor vehicle accident on Route 12. Client admits to police that he reversed direction in traffic and struck the front-end of a vehicle approaching from behind. Client admits drinking 2 nips and 1 beer prior to driving, has difficulty speaking, slurred speech and appears “not in a clear state of mind”.

OUI – NOT GUILTY JURY VERDICT
Fitchburg District Court 1/2/18

Lunenburg police observe a pickup truck leaving a bar at 1:30 am and commit numerous marked lane violations as well as drive in the oncoming travel lane while negotiating a turn through an intersection. Client has difficulty producing his registration and admits to two or three beers. Police observe bloodshot, glassy eyes and slurred speech. Client stumbles and uses his hand to steady himself as he walks to the testing area where he fails the HGN, walk and turn and one-leg stand tests. A portable breath test results in a reading of .158. While being booked at the station, client angrily and repeatedly accuses the police of stealing his money and curses at the officers – all of which is audio and video recorded. Client refuses to cooperate with police throughout booking and when offered a breathalyzer he deliberately and repeatedly circumvents the testing process.

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
FAILURE TO DRIVE IN RIGHT LANE – NOT RESPONSIBLE

Orange District Court 11/1/17
Client hits a dog while traveling in the opposite lane of travel. Police arrive and observe client and his two passengers to exhibit signs of intoxication, including slurred speech, bloodshot eyes and poor gait. Client admits to having recently consumed beer. Client fails the HGN, walk and turn and one-leg stand tests. Client also fails the breathalyzer test.

OUI – NOT GUILTY VERDICT
Fitchburg District Court 10/27/17

State police observe client at midnight, stopped at a green light for an extended period and then signal right at another intersection but continue straight through. At a third intersection, client proceeds into the wrong lane to travel through. Police detect strong odor of alcoholic beverage coming from vehicle. Client admits coming from a bar and having two vodka drinks. Client had glassy eyes and fails the HGN, counting backwards, one-leg stand and walk and turn tests.

OUI– NOT GUILTY JURY VERDICT
NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT
MARKED LANES VIOLATION – NOT RESPONSIBLE
STOP SIGN VIOLATION – NOT RESPONSIBLE

Orange District Court 9/28/17
Client turns erratically into lane of travel of an oncoming police patrol car failing to stop or yield at 10:00 pm. Police follow client’s car and observe it to drift into the oncoming traffic lane and then roll through a stop sign and turn very widely. Police further observe client’s car to cross over solid double yellow lines on two occasions. Client admits coming from a bar and having a couple of beers. Police observe red, glassy bloodshot eyes and slurred speech. Police observe client to walk to the testing area using short, slow steps. Client fails the HGN, walk and turn and one-leg tests.

OUI SECOND OFFENSE – NOT GUILTY JURY VERDICT
Orange District Court 8/29/17
State police observe client cross over double yellow painted center lines with both driver’s side tires in the opposite lane of travel on Route 2A at 2:00 am, in Athol. Trooper signals client to stop and she pulls over slowly. Trooper observes client to have slurred speech, bloodshot, glassy eyes and to have the strong odor of alcoholic beverage on her breath. When the Trooper asks about client’s husband (passed out in the front passenger seat) client states he is heavily intoxicated and this is normal behavior. Client tells Trooper she and her husband drank a few beers at a local bar. Client fails the HGN test, walk and turn and one-leg tests. During inventory of client’s vehicle, Trooper observes several opened cans of beer and beer bottles throughout, including a freshly damp liquid with the odor of beer next to an empty beer can – directly behind the driver’s seat. Client blows a .16 on the breathalyzer.

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 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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