Category: Oui Case Results

Police stop vehicle for multiple moving violations, speeding and attaching wrong plates. Young driver admits to consuming “one drink” at a family gathering. Police note open “buzz ball” container in vehicle. Driver participates in field sobriety tests roadside amongst four officers and heavy traffic flow. Defense challenges validity of field tests and uses booking video to show client’s clear speech, balance and appropriate behavior at station. Not Guilty verdict following trial.

Police respond to report of erratic operator on rural road. Driver is found in driveway executing three point turn. Officer notes odor of alcohol, slurred speech and driver’s confusion about her location. Ultimately police admit driver claimed she was lost and driving slowly and hesitantly trying to activated GPS. Defense challenges field sobriety tests and uses booking video to show driver’s apparent good balance and sober demeanor

Driver stopped for minor marked lanes violation. Officer notes slow speech, an odor of alcohol and unsteadiness. Arrest follows field sobriety testing roadside. Defense excludes post arrest breath test evidence due to improper testing procedures and challenges field sobriety testing validity at trial. Booking video utilized to display client’s apparent sobriety at station. Not Guilty verdict following trial.

Police respond to report of male outside of vehicle unable to stand and injured while falling from truck. Police note odor of alcohol, slurred speech and inability to stand or walk. Driver is transported from scene to hospital without standard field sobriety testing. Defense focuses on lack of evidence of operation, as civilian 911 reporting party did not appear as witness and reasonable doubt regarding cause of driver’s incapacity, medical versus alcohol. Not Guilty verdict following trial.

Police respond to scene of single car accident with alleged driver found in street unresponsive next to car. Prosecution does not obtain medical records and civilian witnesses fail to appear to testify. Lack of evidence to prove beyond a reasonable doubt operation of vehicle. Not Guilty Verdict following trial.

Police stop driver in early morning hours for speeding. Driver admits to consuming a few beers at friend’s house and he’s simply trying to get home. Police note odor of alcohol, glassy eyes and slurred speech. Driver has difficulty with standard field sobriety tests including walk and turn and one leg stand. Defense challenges the validity of tests on slope of hill in freezing temperatures. Booking video shows driver’s demeanor, behavior and movements consistent with sobriety. Not Guilty Verdict following trial.

Driver stopped on highway following report of erratic operation. Police note odor of alcohol and red/glassy eyes. Police struggle to communicate with driver due to language barrier. Arrest follows disjointed field sobriety sequence. BWC footage of arrest sequence is never produced to defense. Dismissal denied by Court, but Jury allowed to draw negative inference with loss of video evidence. Not Guilty Verdict following trial.

Police respond to four way intersection collision. Witnesses claim driver ran stop sign and t-boned second vehicle. Passenger in second vehicle suffers head injury and ultimately is transported to Boston due to pregnancy and possible complications. Driver refuses to participate in field sobriety test and post arrest breath test, both of which are no admissible in MA OUI prosecution. Body Worn Camera (BWC) footage is helpful to defense. Not guilty verdict following trial.

Driver stopped for speeding. Admits to police that he had two (2) drinks at Chinese restaurant following work. Driver participates in field sobriety tests roadside but refuses post arrest breath test. Defense focuses on fairness of fields sobriety tests for this given driver and his behavior consistent with sobriety throughout police contact. Not guilty verdict following trial.

Deputy stops driver of truck for speeding. Out of State operator tells officer he is leading team of workers to their rental as they are in the area installing utility lines. Driver admits to having 2 drinks after work. Officer notes an odor of alcohol, but no slurred speech. Defense utilizes video footage of roadside encounter and filed sobriety tests during cross examination. Not guilty verdict following trial.