Charge(s) – OUI
Result –Not Guilty
The Client was observed taking an erratic turn coming out of the South Boston Tunnels. The trooper observed the usual indicia of alcohol upon his approach. The client’s girlfriend was also inside the vehicle and was able to provide her account of the evening as well. The trooper asked the client to perform a few of the standardized field sobriety tests like the 9 step walk and turn and one leg stand. The trooper testified that the client was nearly falling over at various points.
During cross examination, the trooper was questioned about how at certain points the client was perfectly balanced yet at other points the client was nearly falling over. Essentially, if someone was impaired by alcohol then at no time would their balance be fine. Additionally, the client’s girlfriend testified about their evening together and exactly what the client consumed for alcohol. At the end of the trial given the inconsistencies in the testimony of the trooper coupled with the testimony of the passenger, there was reasonable doubt and the client was found Not Guilty.
