Charge(s) –  OUI

Result –Not Guilty

Client was out on his boat with some friends.  While the client fell asleep, the two friends swan into shore without the client realizing it.  When the client awoke he panicked and called out a “mayday” to the Coast Guard.  The New Bedford police Marine unit responded as well.  When the marine police arrived they observed the client heading for some rocks and searching the waters for the friends.  The police observed a Slight odor of alcohol.  The client secured his boat and went aboard the police boat.  The police noticed he was slightly unsteady and still in a panicked state.  It was soon revealed that the friends were ok.  The police then transported the client back to the dock and placed him under arrest for boating under the influence of alcohol.

At trial, there really was not much evidence against the client to show that he was impaired by alcohol other than the slight odor of alcohol.  Once Atty Milligan was able to cross-examine the two police officers a lot of inconsistencies were brought out as they related to the client’s actions, which were appropriate under the circumstances of what he believed at the time.  More importantly, his distress signal was appropriate for the situation to the US Coast Guard.  There were no field tests even administered to the defendant.