Commonwealth v. M.L. – Hingham District Court (Scituate Police)

Charge(s) –  OUI

Result –Not Guilty

Client was involved in motor vehicle accident with a stone wall.  Police arrived and interviewed the client and asked client a few questions.  Client was evaluated by EMS and was cleared.  The officer then administered a one leg stand and 9 step walk and turn test, which the client could not perform according to the officer.

Upon being questioned on cross examination, the officer acknowledged that the client was very distraught and upset while conducting the tests and this may have affected the client’s ability to perform the tests.   The officer also acknowledged that the client’s performance on the tests may have been affected by being involved in an accident.