Charge: Operating under the Influence of Alcohol & Negligent Operation of MV
Result: Not Guilty on both Charges
Client was observed in the town of Blackstone by a police officer make an abrupt skidding stop for no apparent reason and then pull into a parking lot where the offier was stationary. Client pulled out of parking lot with no problem and the officer pursued him into Warwick, RI. The officer followed the client in Warwick, RI for about 3 miles. He observed the client nearly striking parked motor vehicle and making wide turns on a few occasions. The client eventually went back into Blackstone where the officer immediately stopped the vehicle.
Within 10 seconds the officer had the client out of the vehicle performing field sobriety tests. The officer did not have a good memory of the performance on the field tests. After the Field sobriety tests he was placed under arrest. The client was audio and videotaped at the booking procedure. The client refused to take the breath test. On the video the client admitted to consuming over 10 beers but the officer did not provide the client with his Miranda Warnings so the statement was excluded at trial.
On cross examination it was revealed that the client was driving fine for a majority of the time the officer pursued him. The officer acknowledged on the stand that did not remember certain events and specifics about the arrest. Essentially, this was a rush to judgment on behalf of the police officer and the jury agreed.
Blackstone MA DUI / OUI defense lawyer, Attorney James Milligan represents clients charged with drunk driving throughout Worcester County including Ashburnham, Athol, Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, Charlton, Clinton, Douglas, East Douglas, Dudley, East Brookfield, Fitchburg, Gardner, Grafton, Farnumsville, Fisherville, North Grafton, Saundersville, Hardwick, Gilbertville, Hardwick, Old Furnace, Wheelwright, Harvard, Holden, Jefferson, Hopedale, Spindleville, Hubbardston, Pitcherville, Lancaster, South Lancaster, Leicester, Leicester Center, Cherry Valley, Rochdale, Leominster, Lunenburg, Whalom, Mendon, Milford, Millbury, East Millbury, Millville, New Braintree, North Brookfield, Northborough, Chapinville, Northbridge, Whitinsville, Rockdale, Linwood, Oakham, Oxford, Paxton, Petersham, Phillipston, Princeton, East Princeton, Royalston, Rutland, Shrewsbury, Southborough, Cordaville, Southbridge, Spencer, Sterling, Sturbridge, Fiskdale, Sutton, West Sutton, Manchuag, Templeton, Baldwinville, Otter River, Upton, West Upton, Uxbridge, North Uxbridge, Linwood, Ironstone, Wheelockville, Warren, Webster, West Boylston, Oakdale, West Brookfield, Westborough, Westminster, Winchendon, and the City of Worcester.