Charge: Operating under the Influence of Alcohol (2nd Offense)
Result: Not Guilty
Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on. As a result the trooper stopped the client and made inquiry. During initial contact the trooper observed the client to have an odor of alcohol, slurred speech and red/glassy eyes. As a result, the trooper requested the client to exit his motor vehicle and perform field sobriety tests. The trooper administered 3 field sobriety tests and concluded that the client was under the influence of alcohol. The client elected to take a breath test a blew a .12 (.08 being legal limit)
At trial, through cross examination and presentation of defense witnesses it was revealed that this trooper makes a lot of OUI arrests and competes every year for an award for making the most OUI arrests for the State Police. It was also revealed that the trooper’s assessment of the performance on the field tests was not accurate. Specifically, the client testified that he performed a field sobriety test that the trooper did not mention in his testimony or report. Also, the client had a cleff lip which makes him speak with a slur that was not noted by the trooper. Moreover, it was revealed that the trooper did not follow necessary procedures in administering the breath test to the client.
Finally, the defense called an expert to testify about the scientific underpinnings and flaws in breath testing. The government did not offer any evidence to explain to the jury how the breath testing machine works or the inherent issues with breath testing. Therefore, the only evidence the jury heard was from the defense expert calling into serious questions the machine and its capabilities to calculate a blood alcohol level. Not to mention the fact that the client was arrested approximately 1:20 minutes before the breath test and there was no way of knowing what the client’s blood alcohol level was at the time he operated his motor vehicle as required by the law.
Roxbury 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.
