Charge: Operating Under the Influence in Amherst MA
Result: Dismissal on OUI
Client was observed speeding and crossing over marked lanes. Client was stopped and observed an odor of alcohol, red/glassy and bloodshot eyes and a slight slur to his speech. The Amherst, MA officer asked client to exit the vehicle and perform 4 field tests: 1) The horizontal gaze nystagmus test (Not admissible in court); 2) The 9 step walk and turn (performed well on this test); 3) One Leg stand (completed to 30 seconds but used arms for balance and miscounted on 2 occasions); and 4) Alphabet test from A-Z (Passed). Client was arrested and submitted to the breath test with a reading of .07. There was also a booking video of the client and did not appear to be under the influence of alcohol
At trial, the government agreed to dismiss the OUI case because of the performance on the field tests, the .07 breath test being under the legal limit and more importantly the client looked fine on the booking video.
