Underage OUI Trial Report

PLYMOUTH DISTRICT COURT

CRIMINAL CHARGES ALLEGED:

  • OPERATING UNDER INFLUENCE
  • UNDERAGE OPERATOR OUI
  • BREATHALYZER REFUSAL
  • MOTOR VEHICLE ACCIDENT

CASE DETAILS:

The defendant, who was under age 21, was alleged to have been involved in a serious one-car accident. She was alleged to have been driving at an excessive speed, losing control of her vehicle and crashing head on into a tree, resulting in serious injury to her passenger.

The defendant was alleged to be very unsteady on her feet, had red, watery eyes, and was emitting a strong odor of alcohol from her breath. The police alleged that when they inquired of the defendant as to whether she had been drinking, the defendant became very agitated and began to yell at the police. When the defendant was placed under arrest it was alleged that she continued to yell at the police. An inventory of the defendant’s purse revealed three shot glasses, which were sticky and smelled of alcohol, one of which was broken.

The defendant’s third passenger was extremely intoxicated and there was evidence that the defendant was coming from a party where underage drinking was occurring. Following her arrest, the defendant refused to submit to a breathalyzer test and, because she was under age 21, received a three-year suspension of her driver’s license.

NAME OF CASE:

Withheld.

CRIMINAL LAWYER CASE RESULTS:

Not guilty after jury trial. Based on the evidence presented at the jury trial, the defense lawyer argued that the Commonwealth had not proven beyond a reasonable doubt that the defendant was impaired by alcohol. The judge agreed with the defense lawyer’s argument and allowed a motion for a required finding of not guilty.

The judge allowed the defense lawyer’s motion to reinstate the defendant’s driver’s license. The judge ordered the Registry of Motor Vehicles to vacate the three-year license suspension and reinstate the defendant’s driver’s license immediately.

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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