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.