Charge: OUI-Second Offense
Result: Not Guilty
Client was arrested by the Massachusetts State Police on Route 93 North. The client was observed by a civilian swerving and called the State Police. The State Trooper observed the client swerving as he entered a work zone. The State Trooper activated his lights and the client pulled over.
The trooper observed an odor of alcohol, slurred speech and red/glassy eyes. The client was asked to exit his truck and perform Field Sobriety Tests. The client was asked to perform two tests the One Leg Stand and the 9 Step Walk and Turn. The client did not do well on either by his own admission.
The client was approximately 120 pounds overweight, Diabetic who suffered from neuropathy in his legs and suffered from Sleep Apnea. The State Police Sobriety Testing Manual states that a person who is 50 or more pounds overweight will have difficulty on the One Leg Stand test, thus the client should not have been given this test. Moreover, the client’s doctor administered a test called a “tandem walk” in his office which is very similar to the 9 step walk and turn and he could not do it in a well lit flat doctors office nevermind a dark road with several troopers watching him perform the tests. The client hired an expert named Dr. John Penek from New jersey who provided invaluable testimony for the client in the areas of sleep apnea and diabetes.
LAWRENCE MA DRUNK DRIVING DEFENSE LAWYER
Lawrence MA drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.
