Charge: OUI-First Offense
Result: Dismissed
Client was involved in a motor vehicle accident after a vehicle came into her lane of travel forcing her to collide with a parked motor vehicle. A concerned citizen assisted the client out of the motor vehicle and called the police. When the police arrived the client was outside of the motor vehicle. The police report was silent as to any conversation that occurred between the client and the police. The officer observed the client to be unsteady on her feet and have slurred speech and placed her under arrest. At the station, field sobriety tests were administered and she failed although the report did not elaborate on how she failed to perform the tests.
Also, she elected to take a breath test with a .10 reading, .02 above the legal limit. At trial the civilian witness was unable to appear, as such the Government could not prove that the client actually was operating the motor vehicle as the civilian was the only person who observed her driving and the police apparently did not conduct any follow up investigation with the client, therefore, the case was Dismissed.
Brighton, MA OUI DUI DWI DEFENSE LAWYER
Suffolk County drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI in Boston, Allston, Brighton, Charlestown, Chelsea, Dorchester,Jamaica Plain, Mattapan, Revere, Roslindale, Roxbury, and Winthrop, Massachusetts. If you have been charged with drunk driving DUI DWI OUI in Suffolk County Massachusetts, contact Attorney Milligan for a Free Case Evaluation.
