Charge: Operating Under the Influence in Sherborn MA
Result: Not Guilty
Client’s vehicle was observed to be disabled on the side of the road. The Sherborn police officer stopped his cruiser behind the client and the client approached and told the officer that AAA was in route because he had a flat tire. Officer says he smelled an odor of an alcoholic beverage and asked the client about drinking. Client responded that he had 3 glasses of wine and was coming from a local restaurant. Client was asked to perform field tests and according to the officer was not able to perform them to his satisfaction. During the tests the officer noted that it appeared as though the client went to the bathroom in his pants.
At trial, multiple officers testified and their memory of the stop was different in many respects. Furthermore, the Client had a medical issue that caused client to lose control of his bowels, which was significant because the officers just assumed the client was drunk and never asked the client about any medical issues to explain this observation. Finally, client testified about his location, food consumption and amount of alcohol, which was a reasonable amount. The Jury agreed that client was not impaired by alcohol and acquitted the client.
