Charge: Operating under the Influence of Alcohol (2nd Offense)
Result: Not Guilty
Client was observed by a Brookline police officer travelling without his headlights on and after following for about 3 minutes observed the vehicle pull into a “Bus Only” turn lane and take a right hand turn on a red light where turning on red was prohibited. Client stopped his vehicle for the police and was inquired of by the officer. The officer observed an odor of alcohol, slurred speech and his eyes to be bloodshot/red/glassy.
As a result the officer asked the client to perform field sobriety tests. The three tests performed were the one leg stand, the walk and turn and the alphabet from “c to y.” The officer testified that the client performed horribly on the tests at one point on the one leg stand fell into the arms of another officer standing by.
On cross-examination, it was revealed that the officer did not have a clear recollection of the events aside from reading his police report which was subject to interpretation and confusing. A total of three police officers testified and there were many differences in their testimony. Moreover, the Brookline police audio and videotape the booking procedure and in the video the client was standing fine and talking fine. There was a great disparity in the testimony from the officer and how the client looked on the video.
Brookline DUI OUI 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.
