OUI, Driving to Endanger Trial Report

WAREHAM DISTRICT COURT

CRIMINAL CHARGES ALLEGED:

  • DRIVING UNDER THE INFLUENCE
  • OPERATING UNDER THE INFLUENCE THIRD OFFENSE
  • OPERATING TO ENDANGER

CASE DETAILS:

Defendant, who had two prior convictions for OUI, was alleged to have swerved over the marked lane into the oncoming path of a police cruiser, forcing the cruiser off the side of the road. The arresting officer testified that he stopped the defendant, who was unable to locate the vehicle registration. The officer determined that his speech was slow, deliberate and slurred and that he smelled of alcohol. The police further alleged that defendant’s eyes were bloodshot and glassy, his face was flushed, and that the defendant admitted that he had been drinking.

The police also alleged that defendant performed field sobriety tests and had to use his vehicle to maintain his balance while walking and almost stepped into oncoming traffic on two separate occasions. The police also alleged that defendant had difficulty in reciting the alphabet. The arresting officer testified that the defendant was asked to perform a one leg stand and that he was unable to maintain his balance without waving his arms and putting his foot down. Defendant was then asked to perform a nine step walk and turn test. He was not able to keep his hands by his sides as he was instructed. He lost his balance and stepped off the line on two separate occasions and counted nine but actually walked ten steps. The police alleged that defendant complained that the tests were unfair so they gave him the opportunity to perform the sobriety tests again. According to the police, the defendant was once again unable to complete the field sobriety tests. The police then arrested the defendant and then discovered an open and partially consumed car of beer. During booking the defendant was videotaped and was argumentative, uncooperative, and used profane language.

NAME OF CASE:

Withheld.

CRIMINAL LAWYER CASE RESULTS:

Not guilty after jury trial. Based on the evidence at trial, the defense lawyer argued that the defendant’s driving was due to carelessness rather than intoxcation. The defense lawyer further argued that the defendant had only consumed two drinks and was not impaired. The defense lawyer aggressively cross-examined the arresting officer concerning his assessment of the defendant’s performance on the field sobriety tests. The defense lawyer argued to the jury that the defendant’s belligerent behavior was understandable in that he was aggravated at being arrested without justification.

CRIMINAL DEFENSE LAWYER:

Francis T. O’Brien Jr., PARKER | SCHEER LLP, Boston

CRIMINAL LAWYER CASE KEYWORDS:

Drunk Driving, Operating Under the Influence,OUI, DUI, Driving While Intoxicated, Drunk Driving Arrest, Driving to Endanger.

CONTACT A BOSTON CRIMINAL DEFENSE LAWYER

Francis T. O’Brien has over twenty years experience involving a broad spectrum of criminal drug cases, including, but not limited to: Drug Trafficking, Possession of Drugs with the Intent to Distribute, possession of Class “B” Drug, and, Conspiracy to Violate Drug Laws. Criminal Defense Lawyer Francis T. O’Brien, Jr. is one of the top criminal defense lawyers in Boston, and he has helped many criminal defendants avoid convictions in nearly all areas of criminal defense law.

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