Charge: OUI-Third Offense/Leaving the Scene after causing property Damage
Result: Not Guilty
Client was accused of crashing his brand new pickup truck into a dealership lot cuasing approximately 95,000 in damage to other vehicles in the lot. A Sheffield police officer had observed the damage to the vehicles and from there the investigation began. The truck was registered to Mr, T, so they responded to his residence and asked him about his truck. He had indicated that he left it a friend’s business. Client indicated that he left the truck at the business and from there went out drinking with his father and a friend. It was common for the client to leave the keys in his truck. His father has driven him home. Thus someone must have taken his truck.
Prior to this incident a Great Barrington police officer observed a man walking on the side of the road in the area of the accident about one hour before the accident was discovered by the Sheffield police officer. The Great Barrington Officer indicated that the person was wearing jeans and a dark hooded sweatshirt. The client admitted to wearing similar clothing and the police found a set of keys to the truck inside the home. The police also observed a bruise on his shoulder consistent with seatbelt bruising from an accident and a cut on his lip. Thus the police opined that he must have been driving the truck and caused the accident. The defendant refused to take the breath test and was not offered field sobriety tests, which did not matter because everyone agreed that he was impaired by alcohol.
At trial, the police admitted that they really did not look inside the truck or around the truck to see if another set of keys was inside the vehicle. Also, the set of clothing did not have any blood or airbag residue on them or at least the police did not look. More importantly, the cut on his lip was a cold soar that was documented through medical records. Also, the bruise on his should was from carrying lumber on his shoulder as he was a carpenter. At trial, the client’s father, friend and wife testified that while he was drunk, he never drove that truck home. The jury agreed.
BERKSHIRE COUNTY OUI DUI DWI DEFENSE LAWYER
Berkshire County drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.
