Charge: Operating Under the Influence (OUI DUI) in Yarmouth MA
Result: Not Guilty on OUI
Yarmouth MA police were dispatched to a disabled motor vehicle. Upon arrival they observed client’s vehicle with damage to it consistent with striking a nearby telephone pole. Police searched the area and found client outside of a nearby restaurant/bar. Client was identified and admitted that his vehicle was on the side of the road. Client was administered field tests and did not perform well on the tests.
At trial, the issue was whether the government could show that client was under the influence of alcohol at the time of operation. The government did not know what time client had operated the vehicle or whether client had consumed alcohol after operation. Therefore, the government could not prove the elements of operating under the influence and the client was acquitted on that offense.
