Commonwealth v. M.W. – Attleboro District Court– Mansfield Police Department

Charge:   Operating Under the Influence
Result:  OUI- Not Guilty

Client was stopped by police for running a red light. Officer approached the vehicle and immediately detected a strong odor of alcohol coming from within the vehicle. Client’s speech was slurred and his movements were slow and fumbled. Officer also observed the client’s eyes to be glossy and bloodshot. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments. Client would not consent to a portable breath test and was placed under arrest.

The client indicated to the officer that he thought the light was yellow, not red.  In any event, the officer had been following my client for some distance before he observed the red light violation.  During this time, the client was operating in an appropriate manner.  The client was able to produce his license and registration with no difficulties and get out of his car with no issues.  The officer admitted that the client performed many aspects of the tests well resulting in a Not Guilty.