Commonwealth v. P.L. – Dorchester District Court (MA State Police)

Charge(s) –  OUI

Result –Not Guilty

Client was involved in an accident with a jersey barrier.  Client parked the vehicle in the break down lane after the accident and left the scene. A MBTA worker observed the accident and called the police.  The State police responded to the scene and ran the license plate of the client’s vehicle and waited for the client at the residence.  About 2 hours after the accident, the client appeared at the house and was questioned by the State Police.  The client sustained injuries from the accident and refused to submit to Field Sobriety tests and was then transported to the hospital.

Atty Milligan summonsed the client’s hospital records for the court to review.  There was nothing in the medical records to show the client was intoxicated despite what the trooper observed.  Without any evidence of field sobriety tests and the fact that the medical were exculpatory the client was acquitted.