OUI Trial Report, Orleans

ORLEANS DISTRICT COURT

CRIMINAL CHARGES ALLEGED:

  • OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR

CASE DETAILS:

A police officer on patrol observed the defendant appear to take notice of the officer’s marked and abruptly pull into a random driveway and shut off his car engine and lights. After turning his cruiser around, the investigating officer observed the same car begin to back out of the driveway; but, upon seeing the police cruiser, the defendant pulled back in and shut off the lights and engine for a second time. The officer proceeded to a partially hidden location and waited for the defendant to re-enter the public way.

The defendant’s suspicious behavior continued, culminating in an investigative stop in a public parking lot. The officer observed that the defendant’s eyes were extremely bloodshot and glassy, and detected a strong odor of alcohol emanating from the defendant. The officer further observed that the defendant’s speech was slurred and he had difficulty forming coherent sentences. Next, the officer administered a field sobriety test, including: (1) Horizontal Gaze Nystagmus; (2) Walk and Turn; (3) One Leg Stand; and, (4) Alphabet Test. The officer determined that the defendant failed to complete the field sobriety tests in a satisfactory manner and proceeded to place him under arrest. Upon inventorying the defendant’s car, the officer found a loaded bb gun, beer cans and a glass pipe containing marijuana residue.

Following his arrest, the defendant, who was under age 21, refused a breathalyzer test. Accordingly, the Registry of Motor Vehicles suspended the defendant’s license for a period of three years for breathalyzer refusal.

NAME OF CASE:

Withheld.

CRIMINAL OUI LAWYER CASE RESULTS:

Prior to trial, Criminal Defense Attorney Francis T. O’Brien, Jr. was able to secure a dismissal of the OUI charge. The defendant was permitted to tender an admission to sufficient facts to a charge of operating to endanger, for which he received a continuance without a finding (CWOF). This did not trigger a license suspension. In addition, Criminal Defense Lawyer 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 vacate the previous three year breathalyzer refusal suspension and immediately reinstate the defendant’s license.

CRIMINAL DRUG DEFENSE LAWYER:

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

CRIMINAL LAWYER CASE KEYWORDS:

Operating a motor vehicle while under the influence of intoxicating liquor, Under age defendant, OUI, under 21, Registry license suspension for breathalyzer refusal

CONTACT A BOSTON CRIMINAL DEFENSE LAWYER

Francis T. O’Brien has over twenty years experience involving a broad spectrum of criminal OUI and DUI cases, such as 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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