OUI Second Offense Trial Report

NEWBURYPORT DISTRICT COURT

CRIMINAL DRUG CHARGES ALLEGED:

  • OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR
  • OUI SECOND OR SUBSEQUENT OFFENSE
  • REGISTRY OF MOTOR VEHICLES LICENSE SUSPENSION FOR BREATHALYZER REFUSAL

CASE DETAILS:

Defendant was the subject of a motor vehicle stop by the Amesbury Police Department. The police alleged that the defendant was operating with her high beams on and failed to dim them even after being signaled to do so by an oncoming police cruiser. The officer further alleged that the defendant seemed to be unaware that her high beams were on even after she was stopped. The officer further alleged that while he was following her the defendant was weaving, and that her vehicle passed over both the center marked lane and breakdown lane. During the course of the stop, the arresting officer alleged that the defendant emitted a strong odor of alcohol; had severely bloodshot eyes; acted excitedly; stuttered and spoke in a slurred manner; and admitted to having been drinking. She repeatedly asked the officer to let her go, remarking that she lived close by and had to use the bathroom. The officer alleged that the defendant failed three field sobriety tests, including horizontal gaze nystagmus test (following a pen with her eyes); the alphabet test and a finger counting test. The booking officer also testified that the defendant appeared to be intoxicated throughout his encounter with her at the station.

Following her arrest, the Registry of Motor Vehicles suspended the defendant’s license for a period of three years for breathalyzer refusal.

At trial, Criminal Defense Attorney Francis T. O’Brien, Jr. was successful in persuading the court to exclude all evidence of field sobriety tests on the basis that the police violated the defendant’s constitutional rights. It was argued to the jury that the defendant’s driving was reasonable under the existing road conditions and time of night and that her alcohol consumption did not impair her ability to operate a motor vehicle.

NAME OF CASE:

Withheld.

CRIMINAL OUI LAWYER CASE RESULTS:

Following a jury trial, the defendant was found not guilty. Subsequent to the defendant being found not guilty, Criminal Defense Attorney Francis T. O’Brien, Jr. argued a motion to reinstate the defendant’s license immediately and the trial judge allowed the motion. The Registry was ordered to immediately reinstate the defendant’s license.

CRIMINAL DEFENSE LAWYER:

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

CRIMINAL LAWYER CASE KEYWORDS:

Operating Under the Influence, OUI, Operating Under the Influence Second Offense, Jury Trial, Not Guilty, Motion in Limine

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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