Charge: Operating Under the Influence in Quincy MA
Result: Not Guilty on OUI
Client drove into a Sobriety Checkpoint. Client was observed to have an odor of alcohol and was sent into the parking lot for further screening. The trooper asked client to exit the vehicle and perform 2 field tests: 1) One Leg stand (completed to 30 seconds at a count of 24 but used arms for balance) and 2) 9 Step Walk and Turn (client went 16 steps out and then came back 17 steps) Client was arrested and refused to submit to breath test.
At trial, client testified as to the day and evening leading up to the arrest. Client also testified that the trooper did not instruct the tests in the way that was explained to the jury. Client explained the performance on the test and how they were conducted which differed from the trooper’s version of events. Jury deliberated for a short period of time and acquitted the client.
