Charge: Operating Under the Influence (OUI DUI) in Dedham 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 but used arms for balance) and 2) Alphabet test from D-T (Client said D-N then jumbled letters). Client was arrested and submitted to the breath test with a reading of .09.
At trial, the breath test was called into question because of the failure to provide certain records required for its introduction. Client testified about the evening and consumption of alcohol and performance on the tests. Because of the client’s credible testimony and decent performance on the field tests there was an acquittal of the OUI charge.
