HINGHAM DISTRICT COURT
CRIMINAL CHARGES ALLEGED:
- Operating a Motor Vehicle while Under the Influence of Intoxicating Liquor
- Marked Lanes Violation
The Defendant was travelling down Main Street in Hingham, when followed and ultimately stopped by the Hingham Police Department. The officer alleged that the Defendant drove erratically, crossing the center lines several times and nearly driving off the right side of the road on at least two occasions. After initiating a motor vehicle stop, the Officer alleged that the Defendant had glossy and bloodshot eyes and a strong odor of alcohol omitted from the vehicle. Additionally, the Officer noticed a red cup in the center console that was half full with what appeared to be an alcoholic beverage.
The Defendant admitted to having a couple drinks prior to and during a sporting event that he attended earlier in the day. The Officer further alleged that the Defendant failed a number of Field Sobriety Tests, including: the Alphabet Test; the One-Legged Stand Test; The 9-Step Walk and Turn Test; and, the Horizontal Gaze Nystagmus. Accordingly, the Defendant was arrested for suspected OUI. During the Booking Procedure at the Hingham Police Station, the investigating officer alleged that the Defendant was unsteady on his feet and had difficulty with the mechanics of some of the tasks that he was asked to perform during the Booking Procedure. The Defendant declined to take the Breathalyzer Test.
The Defendant opted for a jury-waived, bench trial before a Hingham District Court Judge. Boston criminal defense lawyer successfully argued that the Commonwealth did not satisfy their burden because they failed to present sufficient evidence proving each element of the charged offense, beyond a reasonable doubt. Further, the Criminal Defense Lawyer challenged the conduct of the investigating officer, asserting that portions of his investigation were improper because of the physical limitations of the Defendant.
NAME OF CASE:
The Hingham District Court found the Defendant Not Guilty.
CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien, Jr. (Of Counsel), O’Brien Law Boston, Boston
CRIMINAL LAWYER CASE KEYWORDS:
OUI, DWI, Not Guilty, Field Sobriety Tests, Breathalyzer, Charges Dismissed
CONTACT A BOSTON CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien is one of the top Boston criminal defense lawyers. He can assist you in your criminal defense for OUI/DUI. He has helped many defendants avoid convictions in all areas of criminal law.