OUI, Speeding Trial Report

WRENTHAM DISTRICT COURT

CRIMINAL CHARGES ALLEGED:

  • OPERATING UNDER THE INFLUENCE, SPEEDING

CASE DETAILS:

State Police stopped the defendant on route 95 for traveling 89 miles per hour in a posted 65 mph zone. The police alleged the defendant failed to stop in an appropriate time frame after being signaled to do so, drove in the breakdown lane for a considerable distance and came to an unsafe stop at the bottom of an exit onramp while straddling the right travel lane.

The trooper testified that after approaching the driver’s window, the defendant took approximately one minute to respond and put down his window. Further, when he finally did react, the defendant put down the right rear window instead of the driver’s window. The trooper testified that he immediately detected an odor of alcohol.

It was alleged that after the defendant’s eyes were bloodshot and glassy. The trooper testified that the defendant claimed to only have consumed two drinks but also made the statement that his passenger had consumed 8 or 9. The trooper testified that he asked the defendant to recite the alphabet but the defendant’s speech was slurred. The trooper also noted that he performed several field sobriety tests which the defendant failed.

The defendant performed the horizontal gaze nystagmus test. The defendant was unable to successfully follow the trooper’s moving pen with his eyes. The trooper further alleged that the defendant was unable to touch his nose with his finger and was unsteady on his feet as he attempted to perform this test. The trooper further alleged that the defendant was unable to perform a one legged stand that he was not able to elevate his leg for the required count and also moved his arms during the test to maintain his balance.

The Trooper further alleged that the defendant was unable to perform complete a nine step heel to toe, walk on turn, stepping off the line at #2 missing steps 4,5,7, and failing to count out loud and on the return walk missing every step except #4. Trooper further alleged the defendant was unsuccessfully able to complete a backwards count.

NAME OF CASE:

Withheld.

CRIMINAL LAWYER CASE RESULTS:

Not guilty after jury trial.

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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