Police respond to report of possibly intoxicated driver made by tow truck driver that assists in giving driver a jump start of his car. Although police immediately identify the reported car moving away from scene, they follow, without stopping, for approximately 2.5 miles, noting only minor speed deviations and drifting “within” his lane. Driver admits to two drinks at show with his wife. Police allege driver has odor of alcohol and slurred speech and performs less than perfectly on ABC test. He does not take one leg stand test or walk and turn test due to artificial hip and knee problems. Horizontal Gaze Nystagmus test and refusal of portable breath test not admissible in Massachusetts OUI prosecution. Not Guilty verdict following trial.