Commonwealth v. G.D. – Boston Municipal Court (MA State Police)

Charge(s) – OUI, Disorderly Conduct, Resist Arrest, Leave Scene of Property Damage, License not in Possession, State Highway-Traffic Violation

Result: OUI – Dismissed

Client was stopped by Massachusetts State Police in Boston after leaving the scene of an accident. When asked if she had been involved in an accident she stated she had not. Client refused when asked to go to the police station to confirm the accident with the operator and passenger of the other vehicle involved. Officer observed client’s eyes to be glassy red and lethargic in her movements answers. Client admitted to having a few alcoholic beverages earlier that night when asked. Officer asked the client to exit her vehicle and she was unsteady on her feet upon doing so. Officer asked the client to perform a series of field sobriety tests to which the client refused and said she wanted to call her lawyer. The officer instructed the client to stay to the right of her car for her safety. Officer inspected the vehicle noticing minor damage to the front end. Client was unable to follow directions and followed the officer. Officer noticed she was swaying side to side and could not walk in a straight line. Officer instructed the client to get back into her vehicle which she did and began talking on the phone. Client was asked several times to exit her vehicle and refused. Client finally consented and was placed under arrest. Officer struggled with the client to handcuff her and get her in his cruiser and another officer reported for assistance.