Charge: Operating motor vehicle under the influence of alcohol
Result: Not Guilty
Client was observed by a security officer to be stumbling down the street. The security officer observed client for about five minutes when he observed him enter his motor vehicle. Security officer followed client in his own motor vehicle and observed client commit some marked lane violation nearly striking some parked cars. Security officer called his friend, a Boston police officer, who was working in the same area to come to his location to observe the vehicle.
The Boston police officer arrived and observed the client travel for a short period of time on the wrong side of the road and then nearly strike some vehicles. Officer activated his lights and client stopped. After a brief encounter inside the vehicle, the officer observed the client to have extremely bloodshot eyes and slurred speech.
Client performed the Alphabet test, the walk and turn test and the one leg stand test. Client went A-T and jumbled letters at the end, did not walk heal toe on the walk and turn and could not balance on one leg. After cross- examination, it was clear the officer did not recall the details of the event, the client was wearing sandals at the time, and actually passed the walk and turn test according to the Field Sobriety testing manual. More importantly, the officer never observed an odor of alcohol from the client and testified to many observations that he failed to write in his report.
Boston OUI DUI 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.
